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Learn The Mesothelioma Compensation Australia Tricks The Celebs Are Utilizing
Mesothelioma Compensation Australia

Mesothelioma is also known as malignant pleural tumors or peritoneal cancers is a malignant tumour of the pleura. It is most often caused by exposure to asbestos.

Many states provide compensation to victims. A mesothelioma lawyer can help you with a lawful claim. You may be able make a common-law claim which could lead to a higher amount of compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004 was the face of asbestos victims and was the man behind the legal fight against James Hardie. A passionate Australian advocate for social justice, his larrikin spirit and disdain for authority were a major part of the campaign to bring the company to account for its asbestos scandal. He died in 2007 of mesothelioma of the peritoneal region.

On the 5th of December 2007 a State funeral was held in NSW for him. At the time of his death he was suffering from terminal mesothelioma. He was fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, clarity of speech and passion made him a national celebrity and he was recognized as a champion for asbestos patients.

He was born in Parramatta and worked at 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 the worker inhaled asbestos dust as a part of his job and the asbestosis diagnosis was confirmed and later mesothelioma. His older brother Ted passed away from mesothelioma and one of his kids has a fatal form of the disease.

The new law was named in honor of his memory eliminated a rule that made it impossible for people who suffered other forms of asbestos exposure from suing for compensation. Prior to this victims could only claim compensation if they were exposed to asbestos while working.

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

The new laws also expand the rights of asbestos victims to pursue damages for income loss or pain and suffering and impairment to the quality of life. Compensation is also available for a variety of expenses including travel costs to the hospital or medical facilities, rehabilitation and equipment. In mesothelioma death compensation -sum can even cover funeral expenses.

The Wrongs Act

Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation offered is contingent upon the severity of the injuries and losses that are suffered. Damages can be divided 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 losses are intangible damages that include pain, suffering, and the loss of enjoyment living.

Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. However, those who suffer from an asbestos-related disease can also pursue a common law claim. To ensure that the claim is properly handled, it's best to contact a lawyer with experience.

A seasoned mesothelioma compensation lawyer can advise you of all of your options including statutory compensation schemes and pursuing an ordinary law claim. They can also aid you in obtaining the evidence you need to prove your claim. Included in this are statements from your coworkers as well as medical reports and other documents that can help strengthen your claim.

It is important to keep in mind that you are able to identify your exposure to asbestos, silica and chemical substances through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure took place. In doing so you can prove the existence of your exposure and potentially reduce the time it takes to settle your claim.

It is important to consult mesothelioma compensation lawyers as quickly as you can when you or someone you love is exposed to asbestos. It is essential to be aware that mesothelioma may be an extremely complex disease, and it may take years for victims to receive the compensation they deserve.

Patients diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act, which requires to go through an assessment of injuries. This is designed to ensure that those who are injured due to the negligence of others are properly compensated for their injuries. This includes ensuring that claimants receive adequate compensation for their lost income, pain and suffering and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma A deadly tumor of the linings that surround organs, such as the abdomen and lungs (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the cause. The majority of mesothelioma cases in Australia are in the pleural region and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both cases the lining gets thicker to the size of cigarettes and develops into an extremely hard tumor that is the size of the palm of a hand. The symptoms of mesothelioma usually don't appear for many years 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 that the fund would pay for all legitimate asbestos-related claims. The company later moved its headquarters and legal incorporation to the Netherlands in the belief that this was done for tax reasons.

However, despite the money, it was later found that the fund was in fact underfunded. In the latter half of 2003, it was evident that the fund would not have enough funds to pay all the compensation due to asbestos victims.

This led to a huge trade union campaign and former James Hardie employees to make the company pay the compensation shortfall that was expected. Bernie Banton was a former James Hardie Industries construction worker who worked there for more than 30 years. He contracted asbestos-related ailments.

In November 2006 In November 2006, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. The agreement included a legal document that would compensate asbestos-related illnesses with payments from James Hardie's special trust.

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

The fund has already paid out over $2 billion to asbestos victims. Some of the money was used to support mesothelioma cancer research, which includes clinical trial trials for new treatments. Anyone who has suffered from mesothelioma or other asbestos-related diseases should think about seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a form of cancer, affects the mesothelium, which is a thin layer of tissue surrounding many organs in the body. It is typically caused by long-term exposure to asbestos fibres that cause inflammation in the mesothelium. There are many mesothelioma types. The most prevalent is pleural that affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.

While asbestos is no longer in use in Australia mesothelioma still continues to develop because of the long latency period. Mesothelioma signs can take years to show up. If the symptoms are discovered at an early stage, 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 also provides money for the family members of the person who has mesothelioma. Compensation is contingent upon the type of mesothelioma, where it was diagnosed and how long the victim was exposed to asbestos.

Some hospitals in Australia have a specialization in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created continuously. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.

There are two primary ways for people to claim mesothelioma compensation in Australia. They can either submit an official claim for compensation through WorkCover or file a court complaint. The courts generally award more compensation than legal claims.

The mesothelioma lawyers at Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can assist those with compensation claims and assist them with finding medical specialists. They can also connect patients with mesothelioma support groups.


Mesothelioma is most often found in homes and workplaces where asbestos is present. The people at the risk of exposure are miners, construction workers, and others who worked in asbestos mines or factories. They can also be exposed to asbestos through second-hand items like asbestos-contaminated clothing. Anyone who is at risk of mesothelioma should think about submitting information to the Australian Mesothelioma Registry. This will help researchers create policies that will stop asbestos exposure.

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