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The Reason Behind Mesothelioma Compensation Australia Has Become Everyone's Obsession In 2023
Mesothelioma Compensation Australia

Mesothelioma is a malignant tumour of the pleura (lung lining) or peritoneum. It is almost exclusively caused by exposure to asbestos.

There are many states that have compensation plans for victims. A mesothelioma lawyer can help you with an lawful claim. You may be able make a common law claim, which could result in a higher amount of compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004, was the face of asbestos victims as well as the man behind the legal battle against James Hardie. His larrikin attitude, disdain for authority, and enthusiasm for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.

A funeral for the State was held for him in NSW on December 5, 2007. He was suffering from terminal mesothelioma at the time. He had been fighting for many years with James Hardie in order to get Alimta included in the Pharmaceutical Benefits Scheme. His passion, articulacy and determination made him a national figure and an advocate for asbestos patients.

He was born in Parramatta, and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. Like many workers at the time asbestos dust was inhaled as a part of his job and he was diagnosed with asbestosis and later with mesothelioma. His older brother Ted passed away from mesothelioma. One of his children has a debilitating form of the disease.

The new law was named after him and it removed a restriction that meant those who suffered from other forms of asbestos exposure were not able to pursue compensation. Previously victims were only eligible to claim 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 amended in order to expand the rights of asbestos victims and their family members. In Victoria, asbestos exposure can result from non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.

The new laws expand asbestos victims' rights to claim damages for loss of income and suffering, and impairment to the quality of their lives. Compensation is also available for a range of costs, including transport to the hospital, medical treatment and rehabilitation 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 is contingent upon the severity of the injuries and losses that are suffered. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are those that can be quantified in concrete terms such as medical expenses, treatment costs, and lost income. Non-economic losses are intangible damages that include pain, suffering, and loss of enjoyment of living.

Many states and territories have government compensation schemes that apply to mesothelioma claims. People who suffer from asbestos-related diseases can bring a lawsuit under the common law. To ensure that the claim is handled properly it is recommended to speak with an experienced lawyer.

A seasoned mesothelioma compensation lawyer can advise you on your options, including the statutory compensation schemes as well as pursuing a common law claim. They can also help you collect the evidence you need to back your claim. Included in this are workmate statements, medical reports and any other documents that could support your claim.

You can report your exposure, however old or new, to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. mesothelioma compensation for family members can prove your exposure to asbestos, silica, and chemicals by recording 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 crucial to understand that mesothelioma is an extremely complex disease and it can take years for victims to get the compensation they deserve.

Currently, those who are diagnosed with mesothelioma as well as other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo an extensive injury assessment process. This is to ensure that those injured due to the negligence of other people are compensated appropriately. This includes ensuring that claimants receive adequate compensation for their lost income, their pain, and suffering as well as the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a cancer that can be fatal of the linings that surround organs like the lungs (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are lung-related and affect the lung. Mesothelioma can also affect the chest wall and the peritoneum. In both instances the lining of the chest wall becomes thicker than cigarette papers to form a hard tumour about the size of a fist. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.

James Hardie Industries Ltd. A company that makes James Hardie siding, founded the Medical Research and Compensation Foundation in 2001, with a total of $293 million to pay for future asbestos compensation claims. Executives assured the public that the fund would meet any legitimate asbestos-related compensation claims. The company then relocated their headquarters and legal incorporation from the Netherlands to the Netherlands in the belief the move was for tax reasons.

However, despite the cash, it was later found that the fund was in fact underfunded. By late 2003 it was clear that the fund would not have enough funds to pay all the compensation due to asbestos victims.

This led to a massive trade union campaign and former James Hardie employees to pressure the company to pay the shortfall in compensation that was expected. Bernie Banton was a former James Hardie Industries construction worker, who had worked there for over 30 years. He contracted asbestos-related ailments.

In November 2006, the NSW Government and James Hardie signed an agreement that established the Asbestos Injuries Compensation Fund. This included a special legal agreement to pay compensation to victims of asbestos-related illness by transferring funds from a specific purpose trust funded by James Hardie.

The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would provide an acceptable tax result for the fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.


The fund has paid out more than $2 billion to asbestos-related victims. A portion of this money has been used to fund mesothelioma research, which includes clinical trials to discover new treatments for the disease. Anyone who has suffered from mesothelioma or other asbestos-related diseases should consider seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that affects a thin layer surrounding various organs in the body is caused by asbestos fibres. It is typically caused by long-term exposure to asbestos fibres that inflame the mesothelium. There are many mesothelioma types. The most common is pleural which affects the lining of the lungs and chest cavity. Other types include pericardial or the peritoneal.

While asbestos is no longer used in Australia mesothelioma is still able to develop due to the long latency time. It can take decades for people to develop the symptoms of mesothelioma. If the symptoms are detected early enough, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation may be used to cover expenses for treatment. It may also provide funds for the relatives of the person who has mesothelioma. The amount of compensation is contingent on the kind of mesothelioma victim has, the location where the diagnosis was made and how long they were exposed to asbestos.

Certain hospitals in Australia specialize in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed constantly. Patients suffering from mesothelioma are able to ask their doctors about clinical trials.

In Australia, there are two primary methods for people to seek mesothelioma compensation. They can make a statutory claim using WorkCover or file a court-mandated claim. The courts typically award more compensation than the claims made by the statutory authorities.

The mesothelioma attorneys at Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims, both for secondary and primary exposure. They can assist people with compensation claims and help them with finding medical specialists. They can also help connect individuals to 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 factories or mines are at risk. They may be exposed to asbestos through second-hand items including contaminated clothing. People who are at risk of developing mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will aid researchers in establishing strategies to reduce asbestos exposure in future.

Homepage: https://www.accidentinjurylawyers.claims/mesothelioma/mesothelioma-compensation-a-comprehensive-guide-for-patients-and-families/