Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or peritoneum. Exposure to asbestos is the principal reason.
Many states offer compensation to victims. A mesothelioma lawyer can assist you navigate the legal process of filing a lawful claim. You might 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 the man who fought the legal battle against James Hardie. A passionate Australian advocate 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 passed away in 2007 from mesothelioma of the peritoneal region.
A funeral for the State was held in his honor in NSW on December 5, 2007. At the time of his death, he was suffering from terminal mesothelioma. He was engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His determination, articulacy, and passion made him a household persona and he was hailed as an advocate for asbestos patients.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma as were many other workers of the time. His brother Ted also died of mesothelioma and one of his children has a fatal form of the disease.
The new law was named after him was able to remove a limitation that did not allow people who suffered from other forms asbestos exposure from suing for compensation. Prior to this, victims could only receive 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 changed to enhance the rights of asbestos victims and their family members. In Victoria there is a possibility to claim for mesothelioma compensation if they were exposed to asbestos in non-work-related activities such as secondhand exposure and environmental contamination.
The new laws extend asbestos victims' rights to sue for damages resulting from loss of income and suffering, and impairment in the quality of life. Compensation is also available for a range of costs including travel costs to hospitals or medical treatment, as well as rehabilitation equipment. In certain cases an amount lump-sum can even cover funeral expenses.
The Wrongs Act
Compensation is available to those who have been diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation varies on the severity of the injuries and the loss. Damages can be classified into two types that are economic and noneconomic. Economic damages are those that can be quantified in terms of concrete numbers such as medical expenses, treatment costs and lost income. Non-economic damages are intangible losses that include suffering, pain and loss of enjoyment living.
Many states and territories provide government compensation schemes for mesothelioma cases. However, those who suffer from an asbestos-related illness can also pursue a common law claim. To ensure that the claim is dealt with properly, it's best to contact a lawyer with experience.
A mesothelioma attorney with experience will be able provide you with all your options, including legal compensation schemes, or pursuing an action under common law. They can also assist you to gather the evidence needed to back your claim. This includes statements from your coworkers medical reports, workmate statements and any other pertinent documents that could help to strengthen your case.
It is crucial to keep in mind that you can identify your exposure to asbestos, silica and chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure occurred. In doing so you can prove the existence of your exposure and potentially reduce the time it takes to settle your claim.
If you or someone you know has been exposed to asbestos, it's essential to consult a mesothelioma compensation attorney as soon as possible. It is important to know that mesothelioma can be a complex illness and it can take years before patients receive the compensation they deserve.
Presently, people diagnosed with mesothelioma and other asbestos-related diseases are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is intended to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants receive the appropriate compensation for their loss of income, their suffering and pain, and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings around organs such as the lungs and abdomen (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the reason. The majority of mesothelioma cases in Australia are lung-related and affect the lungs. Mesothelioma may also affect the chest wall as well as the peritoneum. In both cases, the lining thickens to the thickness of cigarettes and develops into a hard tumour that is the size of an hand. The symptoms of mesothelioma usually are not evident for a long time after asbestos exposure.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, established the Medical Research and Compensation Foundation in 2001 with $293 million to cover future asbestos compensation claims. Executives assured the public that the fund would be able to cover all legitimate asbestos-related claims. The company then relocated its head office and incorporation process to the Netherlands and claimed that this was done for tax reasons.
The fund was discovered to be in a state of extreme underfunding despite the money. By the end of 2003, it became obvious that the fund didn't have enough money to pay all the compensation due to asbestos-related victims.
This led to a huge trade union campaign and former James Hardie employees to make the company pay the compensation shortfall expected. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for more than 30 years. He developed asbestos-related diseases.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a legal contract that would pay for asbestos-related ailments through James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding private rulings that they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has dispensed more than $2 billion to asbestos victims. A portion of the money was used to fund mesothelioma cancer research, including clinical trials for the development of new treatments. Those who have suffered from mesothelioma and other asbestos-related illnesses 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 surrounding many organs in the body. It is typically caused by exposure to asbestos fibres that cause inflammation of mesothelium. There are many mesothelioma types. The most frequent is pleural that affects the lung lining and chest cavity. Other types include pericardial and the peritoneal.
Despite the fact asbestos is no longer in use mesothelioma continues to be a problem in Australia due to its lengthy latency period. Mesothelioma signs can take years to manifest. However, if the signs are detected early enough, they can be treated with chemotherapy or surgery.
compensation due to mesothelioma may be eligible for compensation. This compensation may help to cover the costs of treatment. The compensation can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation depends on the mesothelioma type, the place it was discovered and how long the patient was exposed to asbestos.
Some hospitals in Australia are specialized in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being developed constantly. Patients suffering from mesothelioma may inquire from their doctors about clinical trials.
There are two primary methods for people to claim mesothelioma compensation in Australia. They can either file an statutory compensation claim via WorkCover or make an application to the court. The courts typically award more compensation than legal 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 help people with compensation claims as well as assist in locating medical specialists. They can also connect patients with mesothelioma support groups.
Mesothelioma is most commonly found in homes and workplaces where asbestos is present. Construction workers, miners, and others who worked in asbestos mines or factories are at risk. They could be exposed to asbestos through second-hand products like contaminated clothing. People who are at risk of mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will help researchers design strategies to reduce asbestos exposure in future.