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What Mesothelioma Compensation Australia Could Be Your Next Big Obsession
Mesothelioma Compensation Australia

Mesothelioma is a malignant tumour of the pleura (lung lining) or the peritoneum. Exposure to asbestos is the main cause.

Many states have compensation schemes for victims. A mesothelioma lawyer can help you with an lawful claim. You may also be able to make a common law claim, which can result in greater compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004, was the face of asbestos victims and was the person who led the legal battle against James Hardie. His swagger, disdain for authority and passion for social justice made him an ardent Australian crusader. He passed away in 2007 from peritoneal mesothelioma.

A funeral for the State was held for him in NSW on 5 December 2007. He was dying from mesothelioma in its final stages at the time. He was fighting for many years with James Hardie in order to obtain Alimta included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination led him to become a national hero and an advocate for asbestos patients.

He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney during the late 1960s to early 1970s. Like many other workers of the time, asbestos dust was inhaled as part of his job. Eventually, he was diagnosed with asbestosis and later mesothelioma. His brother Ted died from mesothelioma, and one of his kids suffers from a severe form of the disease.

The new law was named in honor of him and it removed a restriction that meant people who had suffered from other types of asbestos exposure were not able to sue for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos while at work.

Since the introduction the Bernie Banton Law a number of laws have been changed to enhance the rights of asbestos victims and their families. In Victoria the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos through non-work-related activities such as exposure to asbestos through secondhand exposure or environmental contamination.

The new laws extend asbestos victims' rights to sue for damages resulting from loss of income, pain, suffering, and impairment in quality of life. Compensation is also available for a range of expenses like travel expenses to the hospital or medical facilities, rehabilitation and equipment. In some instances the lump sum may even cover funeral expenses.

The Wrongs Act

Compensation is available to people diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation varies on the severity of the injuries and the losses. compensation for mesothelioma can be divided into two categories of damages: non-economic and economic. Economic damages are those that can be explained for in terms of concrete evidence, such as medical costs or treatment expenses, as well as lost income. Non-economic damages on the other hand, are intangible losses such as suffering as well as the loss of enjoyment.

Many states and territories provide mesothelioma-related compensation schemes through the government. 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 is best to talk to an attorney with experience.

A mesothelioma attorney with experience can advise you on all your options, including the statutory compensation schemes or making an action under common law. They can also assist you to gather the necessary evidence to support your claim. This includes statements from your coworkers medical reports, statements from doctors and other relevant documents that can help strengthen your case.

You can report your exposure, no matter how old or recent, to chemicals silica, asbestos, and chemicals 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 required to settle your claim.

If you or someone you know has been exposed to asbestos, it's crucial to consult a mesothelioma compensation attorney as soon as you can. It is essential to be aware that mesothelioma is an extremely complex disease, and it may take years before patients receive the compensation they deserve.

People who are diagnosed with mesothelioma and other asbestos-related illnesses are subject to the Wrongs Act, which requires that they undergo an assessment of their injuries. This is to ensure that those injured by the negligence or other people are properly compensated. This includes ensuring that claimants receive adequate compensation for the loss of 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 surrounding organs such as the lungs (pleura) and the abdomen (peritoneum). Exposure to asbestos is the main cause. Most cases of mesothelioma in Australia are pleural and affect the lung. However, mesothelioma may also affect the peritoneum as well as the chest wall. In both cases the lining of the chest wall becomes thicker than cigarette paper to form a hard tumour about the size of a fist. The symptoms of mesothelioma usually do not manifest for a long time after 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. Executives assured the public that the fund would be able to cover all legitimate asbestos-related claims. The company later moved its head office and incorporation process to the Netherlands and claimed that it was for tax reasons.

The fund was discovered to be severely underfunded despite the funds. By late 2003 it was clear that the fund wouldn't have enough funds to pay out all the compensation due to asbestos victims.

This triggered a massive campaign by trade unions and former James Hardie employees to ensure that the company meet the expected compensation gap. One of the most prominent participants in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years and developed various asbestos-related diseases.

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 compensate victims of asbestos-related illnesses by transferring funds from a specific purpose trust, which is funded by James Hardie.

The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would deliver an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has dispensed more than $2 billion to asbestos victims. A portion of the funds was used to support mesothelioma research, including clinical trial trials for new treatments. People who have suffered from mesothelioma or other asbestos-related diseases should think about seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that affects a thin layer of skin around various organs in the body, is caused by asbestos fibres. It is usually caused by exposure to asbestos fibers that cause inflammation of the mesothelium. There are many types of mesothelioma. The most prevalent is pleural which 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. Mesothelioma signs can take years to show up. If symptoms are identified early enough, they may be treated by chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation could help pay for the cost of treatment. It also provides money for the relatives of the person suffering from mesothelioma. The amount of compensation is contingent on the type of mesothelioma the victim is diagnosed with, the place where the diagnosis was made and the length of time they were exposed to asbestos for.

Some hospitals in Australia specialise in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are developing constantly. Patients suffering from mesothelioma should speak with their doctor about taking part in an clinical trial.

In Australia there are two primary methods for people to claim mesothelioma compensation. They can either file an statutory compensation claim via WorkCover or make an application to the court. In general, the courts give more compensation than statutory claims.

Davey & Company's mesothelioma attorneys can assist those suffering from mesothelioma receive compensation. They have expertise in asbestos compensation claims for secondary exposure and primary exposure. They can help people with compensation claims and assist in locating medical specialists. They can also assist in connecting people with mesothelioma support groups.


Mesothelioma primarily occurs in homes and workplaces where asbestos is present. Those who are at the risk of exposure are construction workers, miners and other people who worked in asbestos mines or factories. They can be exposed to asbestos through second-hand items like contaminated clothing. Those who are at risk of mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will help researchers develop policies to stop asbestos exposure.

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