15 Unexpected Facts About Mesothelioma Compensation Australia That You Never Known Mesothelioma Compensation Australia

Mesothelioma is a malignant tumor of the pleura (lung liner) or peritoneum. Exposure to asbestos is the principal cause.

Many states have compensation schemes for victims. A mesothelioma attorney can help you navigate the legal claim. You could be able to make a common-law claim which could lead to a greater amount of compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of victims of asbestos and was the person who led the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin attitude and disdain for authority was the main component of the campaign to bring the company to account for its asbestos scandal. He died of peritoneal msothelioma in 2007.

On 5 December 2007, a State Funeral was held in NSW for his funeral in NSW. He was suffering from mesothelioma that was terminal at the time. He was fighting for many years with James Hardie in order to get Alimta on the Pharmaceutical Benefits Scheme. His passion, articulacy and determination made him a national icon and a champion for asbestos sufferers.

He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma as were many other workers at the time. His older brother Ted also died of mesothelioma and one of his children suffers from a fatal form of the disease.

The new law, named in his honor eliminated a rule that prevented people who suffered from other forms asbestos exposure from seeking compensation. In the past, victims could only sue to claim compensation if they had been exposed to asbestos at work.

Since the introduction the Bernie Banton Law a number of laws have been changed to increase the rights of asbestos victims and their families. In Victoria asbestos exposure could be a result of non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.

The new laws also expand asbestos victims' rights to pursue damages for income loss or pain and suffering and impairment of the quality of their life. Compensation is also provided for a range of expenses like travel expenses to hospitals or medical facilities, rehabilitation and equipment. In some instances the lump sum may be used to pay for funeral expenses.

The Wrongs Act

Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation awarded is contingent on the severity of the damage and loss that are suffered. Damages can be classified into two categories: economic and noneconomic damages. Economic damages are those that can be quantified in concrete terms such as medical expenses, treatment costs, and lost income. Non-economic damages are those that are not tangible like pain, suffering, and loss of enjoyment of living.

Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. Patients suffering from asbestos-related diseases can file a common law lawsuit. To ensure that the claim is dealt with properly, it's best to contact an experienced lawyer.

A mesothelioma lawyer who has expertise will be able to advise you on all your options, including legal compensation schemes, or pursuing a claim under common law. They can also help you gather the necessary evidence to back your claim. This includes statements from your coworkers, medical reports and other relevant documents that could help to strengthen your case.

It's important to remember that you can identify your exposure to asbestos, silica, and other chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how recent or long ago the exposure took place. You can prove your exposure to asbestos, silica, and chemicals by making your exposure known on the free National Asbestos Silica Chemicals and Fumes Register.

If you or someone you know has been exposed to asbestos, it's crucial to seek out a qualified mesothelioma compensation solicitor as soon as possible. It is important to recognize that mesothelioma is a complicated disease and it can take many years before victims get the compensation they deserve.

Today, those who have been diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is designed to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants receive the proper compensation for their loss of income, their pain and suffering and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a fatal tumour of the linings surrounding organs like the abdomen and the lungs (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are lung-related and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both instances the lining of the chest wall thickens to the same thickness as cigarettes and forms an extremely hard tumor similar to an hand. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.


James Hardie Industries Ltd. A company that makes James Hardie siding, created the Medical Research and Compensation Foundation in 2001, with a total of $293 million to cover future asbestos compensation claims. Executives assured the public that the fund would meet all legitimate asbestos-related compensation claims. The company then moved its head office and legal incorporation to the Netherlands, claiming this was due to tax reasons.

However, despite the funds, it was later found that the fund was in fact underfunded. In late 2003, it became clear that the fund would not have enough funds to pay all compensation owed to asbestos victims.

This led to a huge trade union campaign and former James Hardie employees to pressure the company to pay the shortfall in compensation that was expected. One of the key people in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He also developed several asbestos-related illnesses.

In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a legal contract that would compensate asbestos-related illnesses with payments from James Hardie's special-purpose trust.

The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an a tax-friendly result for this fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has already paid out over $2 billion to asbestos-related victims. Some of the money was used to fund mesothelioma cancer research, including clinical trial trials for new treatments. Those who have suffered from mesothelioma or other asbestos-related diseases should consider seeking legal guidance on how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that is a thin layer that surrounds many organs of the body, is caused by asbestos fibres. Typically, it is caused by long-term exposure to asbestos fibers that cause inflammation of the mesothelium. There are various types of mesothelioma. The most common type is the pleural. It affects the lining of the chest cavity and lungs. Other types are pericardial or peritoneal.

While asbestos is no longer used in Australia mesothelioma still continues to develop because of the long time of latency. claiming compensation for mesothelioma can take a long time to show up. However, if the signs are caught early enough, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation may be used to cover expenses for treatment. It can also provide money for the family members of the person suffering from mesothelioma. Compensation is contingent upon the mesothelioma type, the place it was diagnosed and how long the patient was exposed to asbestos.

Some hospitals in Australia are specifically geared towards treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed every day. Patients suffering from mesothelioma may ask their doctors about clinical trials.

In Australia, there are two main methods to seek mesothelioma compensation. They can either file a statutory compensation claim through WorkCover or make an application to the court. In general, the courts will award more compensation than the statutory claims.

Davey & Co's mesothelioma lawyers can help those with mesothelioma receive compensation. They have experience in asbestos compensation claims for secondary and primary exposure. They can help people with compensation claims and assist them in finding medical specialists. They can also help connect people with mesothelioma support groups.

Mesothelioma is primarily associated with asbestos exposure in workplaces and homes. The people at risk of exposure are miners, construction workers and other people who worked in asbestos-contaminated factories or mines. They can be exposed to asbestos through second-hand products, such as clothing that is contaminated. Those at risk of mesothelioma might want to consider providing information to the Australian Mesothelioma Register. This will allow researchers to develop policies to stop asbestos exposure.