Mesothelioma Compensation Australia
Mesothelioma is also referred to as malignant pleural or peritoneal tumours, is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.
Many states offer compensation to victims. A mesothelioma lawyer can help you with an statutory claim. You might be able to make a common law claim, which could result in higher compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims as well as the person who led the legal battle against James Hardie. A passionate Australian activist for social justice, his larrikin attitude and disdain of authority was a key part of the campaign to make James Hardie accountable for its asbestos scandal. He died of peritoneal msothelioma in 2007.
On December 5, 2007, a State Funeral was held in NSW for the deceased. At the time of his death, he was suffering from terminal mesothelioma. He was fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy, and determination made him a national icon and an advocate for asbestos patients.
He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. He was diagnosed with asbestosis and mesothelioma as were many other workers of 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 was named after him and removed a limitation that meant those who suffered from other forms of asbestos exposure were unable to sue for compensation. Prior to this, victims were only eligible to claim compensation if they had been exposed to asbestos while at work.
Since the introduction of the Bernie Banton Law a number of laws have been amended to increase the rights of asbestos victims and their families. In Victoria the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos through non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.
The new laws extend asbestos victims the right to sue for damages resulting from loss of income and suffering, and impairment in quality of life. Compensation is also available for a range of costs such as travel costs to hospital or medical facilities, rehabilitation and equipment. In certain cases the lump sum may be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to people diagnosed with mesothelioma or other asbestos-related diseases. The amount of compensation is contingent on the severity of injuries and the losses. Damages are typically classified into two categories: economic and non-economic damages. Economic damages are those that can be quantified in a concrete way like medical expenses, treatment costs and lost income. Non-economic damages, on other hand, are essentially losses, such as pain and suffering as well as the loss of enjoyment of life.
Many states and territories provide mesothelioma-related compensation schemes through the government. cases. Anyone suffering from asbestos-related diseases can bring a lawsuit under the common law. In order to do so, it's important to contact an experienced lawyer to ensure the claim is handled properly.
A seasoned mesothelioma compensation lawyer can advise you of all of your options, including legal compensation schemes, as well as an action under the common law. They can also aid you in obtaining the evidence you need to support your claim. Included in this are workmate declarations as well as medical reports and other documents that can help strengthen your claim.
You can record your exposure, however old or recent to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the existence of your exposure and reduce the time it takes to settle your claim.
It is important to consult a mesothelioma compensation lawyer as quickly as you can when you or someone you care about has been exposed asbestos. It's important to understand that mesothelioma can be a complex disease that can take many years before victims be compensated for the damages they deserve.
Those diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act, which requires that they go through an injury assessment process. This is to ensure that those injured due to the negligence of other people are adequately compensated. This includes ensuring that claimants get the right amount of compensation for their loss of income, their pain, and suffering as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a deadly tumour of the linings that surround organs such as the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. In Australia the majority of cases of mesothelioma are pleural and affect the lung. Mesothelioma may also affect the chest wall as well as the peritoneum. In both cases the lining of the chest wall becomes thicker than cigarette papers to create a hard, swollen tumor that is the size of a fist. The symptoms of mesothelioma rarely manifest until several years after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public the fund would cover all legitimate asbestos-related claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands and claimed the move was for tax reasons.
However, despite the money, it was later found that the fund was severely underfunded. At the end of 2003, it became obvious that the fund was not able to raise enough funds to pay for all compensation due to asbestos victims.
This led to a huge trade union campaign and former James Hardie employees to make the company pay the compensation shortfall that was expected. One of the most prominent people in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He was diagnosed with various asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. This included a unique legal agreement to compensate those suffering from asbestos-related diseases by transferring funds from a specific purpose trust, which is funded by James Hardie.
The Australian Taxation Office provided the Foundation with binding private rulings which they believed would deliver an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has given more than $2 billion to asbestos victims. A portion of this money has been earmarked for mesothelioma research and clinical trials of new treatments for the disease. Those who have suffered from mesothelioma and other asbestos-related diseases should consider seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma, a form of cancer, affects the mesothelium, which is a thin layer of tissue that surrounds many organs of the body. It is typically caused by exposure to asbestos fibres for long periods of time that causes inflammation in the mesothelium. There are many mesothelioma types. The most prevalent is pleural which affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.
While asbestos is not used anymore in Australia mesothelioma still continues to develop because of the long time of latency. Mesothelioma symptoms can take a long time to manifest. However, if the signs are caught early enough, they can be treated by surgery or chemotherapy.
claiming compensation for mesothelioma may be eligible for compensation. Compensation may be used to cover the costs of treatment. It may also provide funds for the family members of the person suffering from mesothelioma. Compensation is contingent on the mesothelioma type, the place it was discovered and how long the victim was exposed to asbestos.
Some hospitals in Australia are specialized in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created every day. People who are suffering from mesothelioma should talk with their doctor about taking part in clinical trials.
There are two primary ways for people to claim mesothelioma compensation in Australia. They can file a statutory claim through WorkCover or make a court claim. The courts generally award more compensation than the statutory claims.
The mesothelioma lawyers at Davey & Co can help patients with mesothelioma receive compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims and help them in finding medical professionals. They can also assist in connecting individuals to support groups for mesothelioma.
Mesothelioma is mostly caused by asbestos exposure in workplaces and homes. The people at the risk of exposure are construction workers, miners and others who worked in asbestos-contaminated factories or mines. They may be exposed to asbestos through second-hand products like contaminated clothing. Anyone at risk of developing mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will allow researchers to create policies that will protect against asbestos exposure.