Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or peritoneum. Exposure to asbestos is the principal reason.
Many states provide compensation to victims. A mesothelioma attorney can assist you in navigating the statutory claim. You might be able to file a common-law claim, which could lead to a greater amount of compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and the man who fought the legal fight against James Hardie. His swagger, a dislike of authority and enthusiasm for social justice made him a fervent Australian crusader. He died in 2007 of mesothelioma peritoneal.
A State funeral was held in his honor in NSW on December 5, 2007. At the time of his death, he was suffering from the terminal mesothelioma. He was involved in a long-running battle 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 sufferers.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job. Eventually, he was diagnosed with asbestosis and later mesothelioma. His older brother Ted died from mesothelioma, and one of his kids has a debilitating version of the disease.
The new law was named after him was able to remove a limitation that made it impossible for people who suffered other forms asbestos exposure from seeking compensation. Prior to this, victims could only receive compensation if exposed to asbestos while working.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to enhance the rights of asbestos victims and their families. In Victoria asbestos exposure could be the result of non-work activities, such as exposure to asbestos through secondhand sources or environmental contamination.
The new laws also extend 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 available for a variety of costs, including transportation to hospitals, medical treatment and equipment for rehabilitation. In certain cases, the lump sum can cover funeral costs.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled to compensation. The amount of compensation is contingent on the severity of injuries and the losses. Damages can be classified into two categories that are economic and noneconomic. Economic damages are those which can be quantified in terms of concrete numbers such as medical expenses, treatment costs and lost income. Non-economic damages, on the other hand, are intangible damages such as suffering, as well as loss of enjoyment.
Many states and territories have compensation schemes for government that apply to mesothelioma claims. Anyone suffering from asbestos-related diseases can make a common law claim. To ensure that mesothelioma compensation claims is handled properly, it's best to contact a lawyer with experience.
An experienced mesothelioma compensation lawyer will be able to inform you on all your options including legal compensation schemes, as well as an action under the common law. They can also assist you in obtaining the evidence you need to support your claim. This includes workmate statements medical reports, workmate statements and other relevant documents that may help support your case.
You can record your exposure, however old or recent to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica and chemicals by registering your exposure on the free National Asbestos Silica Chemicals and Fumes Register.
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 essential to be aware that mesothelioma may be a complicated disease, and it may take years before patients receive the compensation they are due.
Today, those who have been diagnosed with mesothelioma and other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo an extensive 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 that 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 deadly tumour of the linings surrounding organs like the lungs (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. Most cases of mesothelioma in Australia are pleural and affect the lung. However, mesothelioma can also affect the peritoneum and chest wall. In both instances, the lining becomes thicker than cigarette paper to form a hard tumour about the size of the size of a fist. The symptoms of mesothelioma usually do not manifest for a long time after exposure to asbestos.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, established the Medical Research and Compensation Foundation in 2001 with $293 millions to pay for future asbestos compensation claims. Executives assured the public the fund would cover all legitimate asbestos-related claims. The company later moved its head office and legal incorporation to the Netherlands and claimed that it was for tax reasons.
The fund was found to be in a state of extreme underfunding despite the money. At the close of 2003, it became obvious that the fund was not able to raise 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 pay for the anticipated compensation gap. One of the key figures in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He also developed various asbestos-related diseases.
In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. The agreement included a legal document that would compensate asbestos-related illnesses through James Hardie's special trust.
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 already given out more than $2 billion to asbestos victims. Some of this money has been used to fund mesothelioma research, including clinical trials into new treatments for the disease. If you've been affected by asbestos-related diseases like mesothelioma it is worth seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma is a type of cancer that affects the mesothelium which is a thin layer of tissues that surrounds many organs of the body. It is usually caused by exposure to asbestos fibres for long periods of time that causes inflammation in the mesothelium. There are various types of mesothelioma. The most prevalent type is pleural. It affects the lining of the chest cavity and lungs. Other types include pericardial and the peritoneal.
Although asbestos is not used anymore in Australia mesothelioma is still able to develop due to the long time of latency. It can take decades before people begin to show symptoms of mesothelioma. If the symptoms are discovered early enough, they may be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to cover the costs of treatment. It may also provide funds for the relatives of the person suffering from mesothelioma. Compensation is contingent upon the type of mesothelioma the victim has, where the diagnosis was made, and how long they were exposed to asbestos.
Some hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatment options are being developed constantly. Patients suffering from mesothelioma must talk to their doctors about participating in an clinical trial.
In Australia, there are two main methods to claim mesothelioma compensation. You can either submit an official claim for compensation through WorkCover or file an application to the court. In general, the courts will award more compensation than legal claims.
The mesothelioma lawyers of Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims for secondary exposure and primary exposure. They can assist people with compensation claims and help them locate medical professionals. They can also connect patients with mesothelioma support groups.
Mesothelioma is most often related to asbestos exposure in homes and workplaces. The people at risk of exposure are miners, construction workers and others who worked in asbestos-contaminated factories or mines. They could be exposed to asbestos by using second-hand products, such as asbestos-contaminated clothing. People who are at risk of mesothelioma should consider submitting their information to the Australian Mesothelioma Registry. This will enable researchers to design policies that prevent asbestos exposure.