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15 Startling Facts About Mesothelioma Compensation Australia You've Never Seen
Mesothelioma Compensation Australia

Mesothelioma is also known as malignant pleural or peritoneal tumours is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.

There are many states that have compensation plans for victims. A mesothelioma lawyer will help you navigate a legal claim under the statute of limitations. You might also be in a position to file a common law lawsuit 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 and was the person who led the legal fight against James Hardie. His swagger, disdain for authority and determination to fight for social justice made him a fervent Australian crusader. He died in 2007 of mesothelioma of the peritoneal region.


A funeral for the State was held in NSW on 5 December 2007. He was dying of mesothelioma in its final stages at the time. He was fighting for many years with James Hardie in order to be able to get Alimta to be included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination made him a national icon and a champion for asbestos patients.

He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the late 1960s to early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers at the time. His brother Ted was also diagnosed with mesothelioma. One of his children has a severe form of the disease.

The new law was named after him, removed a restriction which made it impossible for people who suffered other forms asbestos exposure from seeking compensation. Prior to this victims could only claim compensation if they had been exposed to asbestos while working.

Since the introduction of the Bernie Banton Law a number of laws have been amended to increase the rights for asbestos victims and their family members. In Victoria asbestos exposure can result from non-work related activities, like secondhand exposure or environmental contamination.

www.accidentinjurylawyers.claims extend asbestos victims' rights to seek damages for loss of income and suffering, and impairment to the quality of life. Compensation is also available for a range of expenses, such as transport to the hospital or medical facility, as well as rehabilitation equipment. In some cases, a lump sum can even be used to pay for funeral expenses.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation depends on the severity of the injuries and the losses. Damages are typically classified into two categories: economic and non-economic damages. Economic damages are those that can be quantified in terms of concrete numbers like medical expenses, treatment costs and lost income. Non-economic damages are those that are not tangible like suffering, pain and loss of enjoyment living.

Many states and territories have mesothelioma compensation programs through government cases. However, people who develop an asbestos-related illness can also pursue a common law claim. In order to pursue a common law claim it is important to contact an experienced lawyer to ensure that the claim is handled correctly.

A mesothelioma attorney with experience will be able advise you on all your options, including the statutory compensation schemes or making a claim under common law. They can also assist you to gather the evidence needed to support your claim. Included in this are workmate declarations, medical reports and any other documents that could support your claim.

You can record your exposure, however old or new, to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica and chemicals by making your exposure known on the free National Asbestos, Silica Chemicals and Fumes Register.

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

Currently, those diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is intended to ensure that people who are injured due to the negligence of others are compensated for their injuries. This includes ensuring that claimants get the right amount of compensation for their loss of income, pain and suffering, and the impact on their family.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings around organs, such as the abdomen and the lungs (peritoneum) is caused by exposure to asbestos. It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are pleural and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both instances the lining gets thicker to the same thickness as cigarette paper and forms a hard, granular tumor that is that is the size of an hand. Symptoms of mesothelioma don't usually manifest until several years after the initial exposure to asbestos.

In 2001 James Hardie Industries Ltd set up 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 pay for all legitimate asbestos-related claims. The company then moved its headquarters and legal incorporation to the Netherlands, claiming this was due to tax reasons.

However, despite the cash, it was later found that the fund was in fact underfunded. In the latter half of 2003, it was evident that the fund wouldn't have enough funds to pay out all compensation owed to asbestos victims.

This led to a huge campaign by trade unions and former James Hardie employees to help the company pay for the anticipated compensation gap. One of the main 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 several asbestos-related illnesses.

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 private binding rulings that they believed would deliver an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the operating cash flow.

The fund has now granted more than $2 billion to asbestos victims. Some of this money has been earmarked for mesothelioma research, which includes clinical trials of new treatments for the disease. If you've suffered from asbestos-related diseases like mesothelioma it is worth seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma is a cancerous disease that affects a thin layer surrounding several organs of the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibers that inflame the mesothelium. There are a variety of mesothelioma types. The most common is pleural which affects the lung lining as well as the chest cavity. Other types include pericardial and peritoneal.

While asbestos is no longer used in Australia mesothelioma still continues to develop because of the long latency period. Mesothelioma symptoms can take years to show up. If the symptoms are detected early enough, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation can be used to pay expenses for treatment. It can be used to assist the family members of a patient diagnosed with mesothelioma. Compensation is contingent on the mesothelioma type, the place it was diagnosed, and how long the victim was exposed to asbestos.

Certain hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed all the time. People who are suffering from mesothelioma should speak to their doctors about participating in an clinical trial.

There are two main 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 generally award higher compensation than legal claims.

The mesothelioma attorneys at Davey & Co can help people with mesothelioma to receive compensation. They have experience with asbestos compensation claims, both for primary and secondary exposure. They can assist those with compensation claims as well as assist them in finding medical professionals. They can also connect people with mesothelioma support groups.

Mesothelioma is most often caused by asbestos exposure in workplaces and homes. Construction workers, miners and other workers in asbestos factories or mines are at risk. They may also be exposed to asbestos through second-hand products including clothing that is contaminated. People who are at risk of developing mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will help researchers create policies that will protect against asbestos exposure.

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