Why Incorporating A Word Or Phrase Into Your Life Will Make All The A Difference Mesothelioma Compensation Australia

Mesothelioma is a malignant tumour of the pleura (lung liner) or peritoneum. Exposure to asbestos is the main reason.

Many states offer compensation for victims. A mesothelioma lawyer can assist you in navigating the legal claim. You could also be in a position to file a common law lawsuit which could result in more compensation.

The Bernie Banton Law


The late Bernie Banton was the public face of victims of asbestos and the man who fought the legal battle against James Hardie. A passionate Australian advocate for social justice, his larrikin attitude and disdain of authority were a major part of the campaign to bring the company to account for its asbestos scandal. He died in 2007 of mesothelioma peritoneal.

On December 5, 2007, the State Funeral was held in NSW for the deceased. At the time of his death, he was suffering from terminal mesothelioma and he had been fighting for a long time with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy and passion made him a national celebrity and he was recognized as an advocate for asbestos patients.

He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. Like many other workers of the time, he inhaled asbestos dust as a part of his job and it was discovered that he had asbestosis and later mesothelioma. His older brother Ted died from mesothelioma, and one of his children suffers from a severe form of the disease.

The new law was named in honor of his memory eliminated a rule that did not allow people who suffered from other forms asbestos exposure from suing for compensation. Prior to this, victims were only eligible for compensation if they had been exposed to asbestos while at work.

Since the introduction of the Bernie Banton Law, a number of other laws have been modified to enhance the rights of asbestos victims and their families. In Victoria, people can now claim mesothelioma compensation in the event that they were exposed to asbestos by non-work-related activities, such as exposure through secondhand sources and environmental contamination.

The new laws extend asbestos victims' rights to sue for damages resulting from loss of income or pain, suffering and impairment in the quality of their lives. Compensation is also available for a range of expenses including travel costs to hospital or medical treatment, as well as rehabilitation equipment. In certain cases the lump sum may be used to pay for funeral expenses.

The Wrongs Act

Patients diagnosed with mesothelioma or other asbestos-related diseases are entitled to compensation. The amount of compensation varies on the severity of the injuries and the losses. Damages are usually classified into two categories: economic and non-economic damages. Economic damages are those which can be quantified in a concrete way like medical expenses, treatment costs and lost income. Non-economic damages are those that are not tangible, such as pain, suffering, and loss of enjoyment of living.

Many states and territories have specific government compensation schemes that apply to mesothelioma claims. However, people who develop an asbestos-related condition can pursue a common law claim. To ensure that the claim is dealt with properly it is recommended to speak with an attorney with experience.

A mesothelioma lawyer with experience will be able provide you with all possible options, including the statutory compensation schemes or making a claim under common law. They can also assist you to gather the necessary evidence to prove your claim. Included in this are workmate statements as well as medical reports and other documents that could support your claim.

It is crucial to keep in mind that you can declare your exposure to asbestos, silica and chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how recent or long ago the exposure occurred. By doing this you can prove the existence of your exposure and potentially reduce the time required to settle your claim.

If you or someone you know has been exposed to asbestos, it's crucial to seek advice from a mesothelioma compensation attorney immediately if you can. It is crucial to understand that mesothelioma may be a complicated disease, and it may take years before victims receive the compensation they are due.

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

The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings around organs such as the lungs and abdomen (peritoneum) is caused by asbestos exposure. It is caused by exposure to asbestos. In Australia the majority of cases of mesothelioma are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both instances, the lining thickens to the thickness of cigarette paper and forms a hard tumour the size of the palm of a hand. The symptoms of mesothelioma rarely appear until many years after the initial exposure to asbestos.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public that the fund would be able to pay all legitimate asbestos-related compensation claims. The company then relocated their head office and legal incorporation from the Netherlands to the Netherlands, claiming that this was for tax reasons.

However, despite the funds however, it was later discovered that the fund was severely underfunded. At the end of 2003, it was evident that the fund did not have enough funds to pay for all the compensation due to asbestos-related victims.

This led to a massive campaign by trade unions and former James Hardie employees to help the company pay for the anticipated compensation gap. Bernie Banton was a former James Hardie Industries construction worker, who had worked there for more than 30 years. He developed asbestos-related diseases.

In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a legal agreement to compensate asbestos-related diseases by transferring funds from James Hardie's special-purpose trust.

The Australian Taxation Office gave the Foundation private binding rulings that they believed would produce an the most tax-efficient outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has paid out more than $2 billion to asbestos-related victims. A portion of the money was used to support mesothelioma cancer research, which includes clinical trials for the development of new treatments. If you've suffered from asbestos-related diseases like mesothelioma it is worth seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma is a cancer that affects the mesothelium which is thin layer of tissue surrounding various organs in the body. Typically, it is caused by exposure to asbestos fibres which inflame the mesothelium. There are various types of mesothelioma. The most common is pleural which affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.

Although asbestos is no longer used in Australia mesothelioma still continues to develop because of the long latency period. Mesothelioma symptoms can take years to show up. If symptoms are identified early enough, they could be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation could help pay for the costs of treatment. The money can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation depends on what kind of mesothelioma that the patient is diagnosed with, the place where the diagnosis was made and how long they were exposed to asbestos.

Some hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatments are being developed all the time. People who are suffering from mesothelioma should speak to their doctors about participating in clinical trials.

There are two main methods for people to claim mesothelioma compensation in Australia. They can submit a statutory claim via WorkCover or submit a court case. In general, the courts will award more compensation than the statutory claims.

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

Mesothelioma is most often related to asbestos exposure in workplaces and homes. Miners, construction workers and other workers in asbestos mines or factories are at risk. Asbestos can also be ingested from second-hand clothing or products. Anyone who is at risk of mesothelioma should think about submitting details to the Australian Mesothelioma Registry. This will help researchers design guidelines to avoid asbestos exposure in future.