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Why Mesothelioma Compensation Australia Is The Best Choice For You?
Mesothelioma Compensation Australia

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

Many states provide compensation to victims. A mesothelioma lawyer will help you with the legal process of filing a statutory claim. You may also be eligible 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 the man behind the legal fight against James Hardie. A passionate Australian crusader for social justice, his larrikin attitude and disdain of authority were a major part of the campaign to hold the company accountable for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.

A State funeral was held for him in NSW on 5 December 2007. At the time of his death he was suffering from terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy, and passion made him a renowned national persona and he was hailed as a champion for asbestos patients.

He was born in Parramatta, and worked in the James Hardie Camellia factory in western Sydney in the period from the late 1960s through to the early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job. Eventually, the asbestosis diagnosis was confirmed and later mesothelioma. His brother Ted also died of mesothelioma. One of his children has a debilitating form of the disease.

The new law was named in honor of his memory eliminated a rule that did not allow people who suffered from other forms of 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 enactment of the Bernie Banton Law a number of laws have been amended to increase the rights of asbestos victims and their families. In Victoria asbestos exposure can be the result of non-work activities, such as exposure to secondhand asbestos or environmental contamination.

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

The Wrongs Act

Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation granted depends on the extent of the damage and loss sustained. Damages are usually classified into two categories: non-economic and 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 intangible losses that include suffering, pain and loss of enjoyment of living.

Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. However, those who suffer from an asbestos-related illness can also pursue a common law claim. In order to do so, it's 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 legal compensation schemes, or pursuing claims under common law. They can also assist you to gather the necessary evidence to back your claim. This includes statements from your coworkers medical reports, statements from doctors, and any other relevant documents that could help to strengthen your case.


You can report your exposure, however old or recent chemical silica, asbestos, or 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 seek out an experienced mesothelioma compensation lawyer as soon as you can. It's crucial to know that mesothelioma is a complex disease that can take years for patients to receive the compensation they deserve.

Currently, those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is designed to ensure that people who have been harmed by the negligence of others are compensated for their injuries. This includes ensuring that claimants receive the appropriate compensation for their loss of income, suffering and pain, and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a deadly tumour of the linings surrounding organs such as the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the reason. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall as well as the the peritoneum. In both cases, the lining thickens to the same thickness as cigarette paper and forms an extremely hard tumor similar to a hand. The signs of mesothelioma generally do not manifest for a long time after asbestos exposure.

In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. Executives assured the public the fund would cover all legitimate asbestos-related claims. The company then relocated its headquarters and its legal incorporation to the Netherlands, claiming this was done for tax reasons.

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

This led to a huge campaign by trade unions and former James Hardie employees to help the company make up the 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 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 through a special purpose trust that is financed by James Hardie.

The Australian Taxation Office gave the Foundation private binding rulings that they believed would lead to an a tax-friendly outcome for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.

The fund has now paid out over $2 billion to asbestos-related victims. A portion of the money was used to support mesothelioma cancer research, which includes clinical trials to test new treatments. Anyone who has suffered from mesothelioma or other asbestos-related diseases should think about seeking legal guidance on how to seek compensation.

Clinical Trials

Mesothelioma is a cancerous disease that is a thin layer that surrounds many organs of the body is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres for long periods of time that inflames the mesothelium. There are various types of mesothelioma. The most common type is pleural. It affects the lining in the lungs and chest cavity. Other conditions include pericardial or peritoneal.

Despite the fact asbestos is no longer used mesothelioma is still a problem in Australia due to its long latency. Mesothelioma signs can take years to show up. However, if the symptoms are caught early enough, they can be treated by surgery or chemotherapy.

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

Certain hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being created continuously. Patients suffering from mesothelioma should speak with their doctor about taking part in an clinical trial.

In Australia, there are two options to seek compensation for mesothelioma. They can submit a statutory claim via WorkCover or make a court claim. In general, courts award more compensation than the statutory claims.

The mesothelioma attorneys at Davey & Co can help those suffering from mesothelioma get compensation. They have expertise in asbestos compensation claims for primary and secondary exposure. They can help people with compensation claims as well as assist them with finding medical specialists. They can also help connect individuals to mesothelioma support groups.

Mesothelioma is primarily associated with asbestos exposure in homes and workplaces. Miners, construction workers and others who worked in asbestos mines or factories are at risk. It is also possible to get asbestos by reusing clothing or other products. www.accidentinjurylawyers.claims/mesothelioma/mesothelioma-compensation-a-comprehensive-guide-for-patients-and-families/ who are at risk of developing mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will assist researchers in developing strategies to reduce asbestos exposure in the future.

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