Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung liner) or the peritoneum. It is almost exclusively caused by exposure to asbestos.
There are many states that have compensation plans for victims. A mesothelioma lawyer can assist you navigate the legal process of filing a lawful claim. You might be able to file a common-law claim, which could result in a higher compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims as well as the person behind the legal fight against James Hardie. A passionate Australian activist for social justice, his larrikin spirit and disdain for authority was a key part of the campaign to hold the company accountable for its asbestos scandal. He died of peritoneal mesothelioma in 2007.
On 5 December 2007, the State Funeral was held in NSW for his funeral in NSW. He was dying from mesothelioma that was terminal at the time. He was fighting for years with James Hardie in order to obtain Alimta on the Pharmaceutical Benefits Scheme. His determination, articulacy, and passion made him a national figure and he was lauded as a champion for asbestos patients.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney in the latter half of the 1960s until the early 1970s. He was diagnosed with asbestosis and mesothelioma, like many other workers at the time. His brother Ted passed away from mesothelioma and one of his children suffers from a severe form of the disease.
The new law, named in his honor eliminated a rule that made it impossible for people who suffered other forms of asbestos exposure from suing for compensation. Prior to this, victims could only receive compensation if they were exposed to asbestos while working.
Since the introduction of the Bernie Banton Law a number of laws have been changed 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 asbestos victims' rights to seek damages for loss of income, pain and suffering, and impairment to their the quality of life. Compensation is also available for a range of expenses, including transportation to hospitals or medical facility, as well as equipment for rehabilitation. In some cases an amount lump-sum can even be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to people diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation granted is contingent upon the severity of the damage and loss that are suffered. compensation due to mesothelioma can be divided into two categories: economic and noneconomic damages. Economic damages are those which can be quantified in concrete terms like medical expenses, treatment costs, and lost income. Non-economic losses are intangible damages like suffering, pain, and loss of enjoyment living.
Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. However, those who develop an asbestos-related illness can also pursue a common law claim. To ensure that the claim is handled properly it is recommended to speak with a lawyer with experience.
A mesothelioma lawyer with expertise will be able to guide you through all of your options, including statutory compensation schemes or pursuing an action under common law. They can also assist you to collect the evidence you need to prove your claim. Included in this are workmate statements, medical reports and any other documents that may strengthen your claim.
It is important to remember that you can declare your exposure to asbestos, silica, and other chemicals through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how recent or long ago the exposure occurred. You can prove your exposure to asbestos, silica and chemicals by registering your exposure on the free National Asbestos Silica, Chemicals and Fumes Register.
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 is important to know that mesothelioma can be a complex illness and it can take years for victims to receive the compensation they deserve.
Presently, people diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is to ensure that those who have been injured by the negligence or other people are properly compensated. This includes ensuring that claimants receive the appropriate compensation for the loss of income, suffering and pain, as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings that surround organs like the abdomen and the lungs (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are pleural and affect the lung. Mesothelioma could also affect the chest wall and peritoneum. In both cases the lining of the chest wall becomes more dense than cigarette paper and can form a hard tumour about the size of an oblique. The symptoms of mesothelioma rarely manifest until several years after the initial exposure to asbestos.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, founded the Medical Research and Compensation Foundation in 2001 with $293 million to pay for future asbestos compensation claims. Executives assured the public the fund would pay for all legitimate asbestos-related claims. The company then relocated its head office and legal incorporation to the Netherlands in the belief that it was for tax reasons.
However, despite the cash it was later discovered that the fund was grossly underfunded. At the close of 2003, it was clear that the fund was not able to raise enough funds to pay for all compensation due to asbestos 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 main people in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years and developed various asbestos-related diseases.
In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. The agreement included a legal document that would compensate asbestos-related illnesses through James Hardie's special-purpose trust.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would lead to an the most tax-efficient result for this fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has already given out more than $2 billion to asbestos-related victims. A portion of the funds was used to fund mesothelioma research, including clinical trials to test new treatments. Those who have suffered from mesothelioma and other asbestos-related diseases should think about seeking legal guidance on how to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that affects a thin layer of skin around various organs in the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibres for long periods of time which causes inflammation of the mesothelium. There are many types of mesothelioma. The most common is pleural that affects the lung lining as well as the chest cavity. Other types are pericardial or the peritoneal.
While asbestos is no longer in use in Australia mesothelioma still continues to develop due to the long latency period. It can take years for people to develop the symptoms of mesothelioma. 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 treatment costs. The compensation can be used to assist the family members of a person diagnosed with mesothelioma. Compensation depends on what type of mesothelioma the victim has, the location where the diagnosis was made, and the length of time they were exposed to asbestos.
Certain 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 all the time. People who are suffering from mesothelioma should speak to their doctors about participating in clinical trials.
In Australia, there are two options to seek compensation for mesothelioma. They can submit a statutory claim via WorkCover or submit a court case. The courts generally award higher compensation than legal claims.
The mesothelioma lawyers at Davey & Co can help people with mesothelioma to receive compensation. They have expertise in asbestos compensation claims for both primary and secondary exposure. They can assist those with compensation claims and assist them in finding medical professionals. They can also assist in connecting individuals to support groups for mesothelioma.
Mesothelioma is mostly associated with asbestos exposure in homes and workplaces. Those who are at the risk of exposure are construction workers, miners and others who worked in asbestos factories or mines. It is also possible to get asbestos by reusing clothing or other products. Those at risk of mesothelioma might want to think about making a submission to the Australian Mesothelioma Register. This will assist researchers in developing strategies to reduce asbestos exposure in the future.