A Reference To Mesothelioma Compensation Australia From Beginning To End

Mesothelioma Compensation Australia
Mesothelioma is a malignant tumour of the pleura (lung lining) or peritoneum. Exposure to asbestos is the main cause.
Many states offer compensation to victims. An attorney for mesothelioma can help you navigate the legal claim. You could be able to make a common law claim, which could result in higher compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and was the person who led the legal battle against James Hardie. His larrikin attitude, a dislike of authority and passion for social justice made him an ardent Australian crusader. He died of peritoneal mesothelioma in 2007.
On the 5th of December 2007 the State Funeral was held in NSW for him. At the time of his death, he was suffering from the 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 a champion for asbestos sufferers.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. Like many other workers of the time, he inhaled asbestos dust as a part of his job. Eventually, he was diagnosed with asbestosis and later mesothelioma. His brother Ted passed away from mesothelioma. One of his children suffers from a fatal form of the disease.
The new law was named in his honour and also removed a clause that meant people who had suffered from other types of asbestos exposure were not able to sue for compensation. Previously victims were only eligible for compensation if they had been exposed to asbestos while at work.
Since the enactment of the Bernie Banton Law a number of laws have been amended to increase the rights for asbestos victims and their families. In Victoria asbestos exposure can result from activities outside of work, such as exposure to secondhand asbestos or environmental contamination.
The new laws also expand the rights of asbestos-related victims to sue for damages for loss of income as well as pain and suffering and impairment to the quality of life. Compensation is also provided for a range of costs such as travel costs to hospital, medical treatment and rehabilitation equipment. In some cases the lump sum may even cover funeral expenses.
The Wrongs Act
Patients diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation awarded depends on the extent of the losses and injuries sustained. Damages are usually classified into two categories: non-economic and economic damages. Economic damages are ones that can be measured for in terms of concrete evidence like medical expenses, treatment expenses and lost income. Non-economic damages, on the other hand, are intangible losses, such as pain and suffering as well as the loss of enjoyment of life.
Many states and territories provide government compensation schemes for mesothelioma cases. Patients suffering from asbestos-related illnesses can also make a common law claim. To ensure that the claim is dealt with properly it is best to talk to an attorney with experience.
A mesothelioma lawyer with experience will be able provide you with all your options, such as legal compensation schemes, or pursuing a claim under common law. They can also assist you to gather the evidence needed to back your claim. Included in this are workmate statements, medical reports and any other documents that could support your claim.
You can register your exposure, however old or recent chemical silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the extent of your exposure, and possibly reduce the time needed to settle your claim.
If you or someone you know has been exposed to asbestos, it's essential to consult an experienced mesothelioma compensation lawyer as soon as possible. It is important to recognize that mesothelioma is a complicated disease and it can take many years before victims receive the compensation they deserve.
Currently, those diagnosed with mesothelioma and other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is to ensure that those injured due to the negligence of other people are properly compensated. This includes ensuring that claimants receive sufficient compensation for the loss of income, suffering and pain, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a cancer that can be fatal of the linings that surround organs such as the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the cause. In Australia, most mesothelioma cases are pleural and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both cases the lining of the chest wall thickens to the thickness of cigarette paper and forms a hard tumour similar to a hand. The signs of mesothelioma generally are not evident for a long time after asbestos exposure.
In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with $293 million to handle future asbestos compensation claims. The executives assured the public the fund would be able to pay all genuine asbestos-related compensation claims. The company then relocated its head office and legal incorporation to the Netherlands in the belief that this was done for tax reasons.
However, despite the cash it was later discovered that the fund was grossly underfunded. At the close of 2003, it became evident that the fund didn't have enough funds to pay for all the compensation due to asbestos-related victims.
This led to a massive trade union campaign and former James Hardie employees to force the company to pay the shortfall in compensation that was expected. One of the most prominent people in this campaign was Bernie Banton, a former construction worker who 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 to establish the Asbestos Injuries Compensation Fund. The agreement included a legal document to compensate asbestos-related diseases with payments from James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would result in an acceptable tax outcome for the proposed fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has already paid out over $2 billion to asbestos victims. A portion of this money has been used to fund mesothelioma research and clinical trials of new treatments for the disease. More Bonuses who have suffered from mesothelioma and other asbestos-related diseases should think about seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that affects a thin layer of skin around several organs of the body is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres for long periods of time that inflames the mesothelium. There are many types of mesothelioma. The most prevalent is pleural, which affects the lung lining as well as the chest cavity. Other types are pericardial or the peritoneal.
Although asbestos is not used anymore in Australia mesothelioma is still able to occur because of the long latency time. It can take decades for people to develop the symptoms of mesothelioma. However, if the symptoms are caught early enough they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation could help pay for the cost of treatment. It may also provide funds for the family members of the person with mesothelioma. Compensation depends on what type of mesothelioma the victim has, where the diagnosis was made and how long they were exposed to asbestos for.
Certain hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are developing constantly. Patients suffering from mesothelioma are able to ask their doctors about clinical trials.
In Australia there are two main methods to seek mesothelioma compensation. They can file a statutory claim through WorkCover or submit a court case. In general, the courts 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, both for primary and secondary exposure. They can assist people with compensation claims and assist them in finding medical specialists. They can also help connect people with mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. Miners, construction workers, and others who worked in asbestos factories or mines are at risk. They can also be exposed to asbestos through second-hand items including clothing that is contaminated. Anyone who is at risk of developing mesothelioma should think about submitting information to the Australian Mesothelioma Registry. This will enable researchers to develop policies to protect against asbestos exposure.