Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung lining) or the peritoneum. It is most often caused by exposure to asbestos.
Many states offer compensation for victims. A mesothelioma lawyer will help you with the legal process of filing a legal claim under the statute of limitations. You could be able to file 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 and was the person behind the legal fight against James Hardie. His larrikin spirit, disdain for authority, and determination to fight for social justice made him a passionate Australian crusader. He died of peritoneal msothelioma in 2007.
A funeral for the State was held in his honor in NSW on December 5, 2007. At the time of his passing, he was suffering from the terminal mesothelioma. He was fighting for a long time with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy and determination made him a national figure and a champion for asbestos patients.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney in the period from the late 1960s through to the early 1970s. He was diagnosed with mesothelioma and asbestosis as were many other workers of the time. His older brother Ted died from mesothelioma, and one of his children has a debilitating version of the disease.
The new law was named in honor of his memory, removed a restriction which made it impossible for people who suffered other forms asbestos exposure from suing for compensation. Prior to this, victims were only eligible to claim compensation if they had been exposed to asbestos in their work.
Since the enactment of the Bernie Banton Law a number of laws have been changed in order to expand the rights of asbestos victims and their families. In Victoria, asbestos exposure can be the result of non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.
The new laws expand asbestos victims the right to sue for damages resulting from loss of income or pain, suffering and impairment to their quality of life. Compensation is also available for a range of expenses like travel expenses to hospital or medical facilities, rehabilitation and equipment. In some cases an amount lump-sum can even cover funeral expenses.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation awarded is contingent upon the severity of the damage and loss that are suffered. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are ones that can be measured for in concrete terms like medical expenses, treatment expenses and lost income. Non-economic damages are those that are not tangible like pain, suffering, and loss of enjoyment living.
Many states and territories provide mesothelioma compensation programs through government cases. Patients suffering from asbestos-related diseases can file a common law lawsuit. To ensure that the claim is properly handled it is recommended to speak with a lawyer with experience.
A mesothelioma lawyer who has experience will be able provide you with all possible options, including the statutory compensation schemes or making claims 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 may strengthen your claim.
It is important to keep in mind that you can declare your exposure to asbestos, silica and chemicals through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. By doing this you can prove the extent of your exposure, and possibly reduce the time needed to settle your claim.
It is essential to speak with an attorney for mesothelioma compensation as soon as you can if you or someone you know has been exposed asbestos. It's important to understand that mesothelioma can be a complex disease and it can take many years before victims be compensated for the damages they deserve.
Those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act, which requires that they go through an assessment of their injuries. This is to ensure that those injured due to the negligence of other people are compensated appropriately. This includes ensuring that those who claim receive sufficient compensation for their loss of income, their pain and suffering, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings around organs, such as the abdomen and the lungs (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the cause. Most cases of mesothelioma in Australia are in the pleural region and affect the lungs. However, mesothelioma can affect the peritoneum and chest wall. 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 usually don't appear for many years after asbestos exposure.
James Hardie Industries Ltd., a company that produces James Hardie siding, established the Medical Research and Compensation Foundation in 2001 with $293 million to ensure future asbestos compensation claims. Executives assured the public that the fund would pay for all legitimate asbestos-related claims. The company then moved its headquarters and legal incorporation to the Netherlands and claimed that it was for tax reasons.
However, despite the money, it was later found that the fund was in fact underfunded. At the end of 2003, it was obvious that the fund did not have enough money to pay the full the compensation due to asbestos-related victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company make up the compensation shortfall. One of the most prominent figures in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years. He also developed various asbestos-related ailments.
In November 2006 in November 2006, the NSW Government and James Hardie signed an agreement that created the Asbestos Injuries Compensation Fund. This included a unique legal agreement to compensate victims of asbestos-related illnesses with payments from a special purpose trust, which is funded by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would lead to 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 victims. Some of the money was used to support mesothelioma cancer research, including clinical trial trials for new treatments. If you've suffered from asbestos-related diseases such as mesothelioma, it is worth seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that is a thin layer that surrounds various organs in the body is caused by asbestos fibres. It is typically caused by long-term asbestos fibre exposure which causes inflammation of the mesothelium. There are different types of mesothelioma. The most prevalent is pleural that affects the lung lining and chest cavity. Other types include pericardial and peritoneal.
Despite the fact asbestos is no longer used, mesothelioma still occurs in Australia because of its lengthy latency time. It can take a long time before people begin to show symptoms of mesothelioma. If the symptoms are discovered early enough, they may be treated by chemotherapy or surgery.
mesothelioma compensation scheme may be eligible for compensation. This compensation can help cover the cost of treatment. The compensation can also be used to help the family members of a patient diagnosed with mesothelioma. Compensation is contingent on the type of mesothelioma, where it was diagnosed and how long the patient was exposed to asbestos.
Certain hospitals in Australia are specialized in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed constantly. People who are suffering from mesothelioma must talk with their doctor about taking part in clinical trials.
In Australia, there are two main methods for people to claim compensation for mesothelioma. They can either make an statutory compensation claim via WorkCover or file a court complaint. The courts typically award more compensation than the claims made by the statutory authorities.
The mesothelioma lawyers of Davey & Co can help patients with mesothelioma receive compensation. They have experience with asbestos compensation claims for primary and secondary exposure. They can help people with compensation claims and help them find medical specialists. They can also assist in connecting people with mesothelioma support groups.
Mesothelioma is most often found in homes and workplaces where asbestos is present. Miners, construction workers, and others who worked in asbestos factories or mines are at risk. They can be exposed to asbestos by using second-hand products like clothing that is contaminated. People who are at risk of developing mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will help researchers design guidelines to avoid asbestos exposure in future.