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 help you navigate the legal process of filing a lawful claim. You might also be able to file a common law lawsuit which could result in greater 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. A passionate Australian activist for social justice, his larrikin spirit and disdain for authority were a major part of the campaign to hold the company accountable for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.
On 5 December 2007, a State funeral was held in NSW for him. He was suffering from terminal mesothelioma at the time. He had been fighting for many years with James Hardie in order to be able to get Alimta on the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination made him a national figure and a champion for asbestos sufferers.
He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the latter half of the 1960s until the early 1970s. Like many other workers of the time, he inhaled asbestos dust as part of his job and he was diagnosed with asbestosis and later with mesothelioma. His brother Ted passed away from mesothelioma and one of his kids suffers from a severe form of the disease.
The new law was named in honor of his memory eliminated a rule that made it impossible for people who suffered other forms asbestos exposure from suing for compensation. Prior to this the victims could only seek compensation if exposed to asbestos at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been amended to increase the rights of asbestos victims and their families. In Victoria, people can now claim for mesothelioma compensation if they were exposed to asbestos in non-work related activities, including secondhand exposure and environmental contamination.
The new laws also extend the rights of asbestos victims to sue for damages for income loss or pain and suffering and impairment to their the quality of their life. Compensation is also provided for a range of expenses including travel costs to hospital or medical facilities, rehabilitation and equipment. In some instances the lump sum may cover funeral costs.
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 injuries and losses that are suffered. Damages are typically classified into two categories: non-economic and economic damages. Economic damages are those that can be accounted for in concrete terms like medical expenses as well as treatment costs and lost income. Non-economic losses are intangible damages like pain, suffering, and loss of enjoyment living.
Many states and territories provide mesothelioma-related compensation schemes through the government. cases. Patients suffering from asbestos-related ailments can make a common law claim. To ensure that the claim is properly handled it is best to talk to an attorney with experience.
A mesothelioma lawyer with expertise will be able to advise you on all your options, such as statutory compensation schemes or pursuing an action under common law. They can also assist in obtaining the evidence you need to support your claim. Included in this are workmate statements, medical reports and other documents that can help strengthen your claim.
veterans compensation for mesothelioma can register your exposure, no matter how recent or old to chemicals, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the extent of your exposure and potentially reduce the time needed to settle your claim.
If you or someone you know has been exposed to asbestos, it's important to consult a qualified mesothelioma compensation solicitor immediately if you can. It is important to know that mesothelioma is an extremely complex disease and it could take years before patients receive the compensation they are due.
Those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act, which requires that they undergo an assessment of their injuries. This is designed to ensure that people who have suffered harm due to the negligence of others are adequately compensated for their injuries. This includes ensuring claimants receive the proper compensation for their loss of income, pain and suffering, as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings surrounding organs like the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the cause. In Australia, most cases of mesothelioma are pleural in nature and affect the lung. Mesothelioma can also affect the chest wall and peritoneum. In both instances the lining gets thicker than cigarette paper to form a hard tumor about the size of an oblique. Symptoms of mesothelioma don't usually appear until many 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. The company's executives assured the public that the fund would be able to cover all legitimate asbestos-related claims. The company then moved their head office and legal incorporation from the Netherlands to the Netherlands and claimed the move was for tax reasons.
However, despite the money however, it was later discovered that the fund was grossly underfunded. By late 2003 it was evident that the fund would not have enough funds to pay all compensation due to asbestos victims.
This led to a massive campaign by trade unions and former James Hardie employees to help the company meet the expected compensation gap. Bernie Banton was a former James Hardie Industries construction worker who worked there for over 30 years. He contracted asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a specific legal agreement to pay compensation to victims of asbestos-related illness with payments from a special purpose trust funded by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an an acceptable tax outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has granted more than $2 billion to asbestos victims. A portion of the funds was used to fund mesothelioma cancer research, including clinical trials for the development of new treatments. Those who have suffered from mesothelioma or other asbestos-related illnesses should consider seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma is a cancer that affects the mesothelium, which is a thin layer of tissues that surrounds many organs of the body. Typically, it is caused by exposure to asbestos fibers that cause inflammation of mesothelium. There are various types of mesothelioma. The most frequent is pleural that affects the lining of the lungs and chest cavity. Other types include pericardial and peritoneal.
Despite the fact that asbestos is no longer in use, mesothelioma still occurs in Australia due to its lengthy latency. It can take years before people begin to show symptoms of mesothelioma. If the symptoms are detected at an early stage, they can be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to cover treatment costs. It may also provide funds for the family members of the patient with mesothelioma. Compensation is contingent on the type of mesothelioma, where it was diagnosed, and how long the victim was exposed to asbestos.
Some hospitals in Australia specialise in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed every day. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.
In Australia, there are two main methods to seek mesothelioma compensation. They can make a statutory claim using WorkCover or make a court claim. In general, courts will award more compensation than the statutory claims.
The mesothelioma lawyers of Davey & Co can help people with mesothelioma to receive compensation. They have expertise in asbestos compensation claims for primary and secondary exposure. They can assist those with compensation claims as well as assist in locating medical specialists. They can also help connect individuals to support groups for mesothelioma.
Mesothelioma is mostly caused by asbestos exposure in homes and workplaces. Miners, construction workers and other workers in asbestos mines or factories are at risk. It is also possible to get asbestos by reusing clothing or other products. People who are at risk of mesothelioma might want to consider submitting information to the Australian Mesothelioma Register. This will aid researchers in establishing policies to prevent asbestos exposure in the future.