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How Much Do Mesothelioma Compensation Australia Experts Make?
Mesothelioma Compensation Australia

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

Many states have compensation programs for victims. A mesothelioma lawyer can help you with an statutory claim. You could also be in a position to file a common law claim which could result in a higher amount of compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of asbestos victims and the man who fought the legal battle against James Hardie. A passionate Australian activist for social justice, his larrikin spirit and disdain of authority was a key part of the campaign to hold the company accountable for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.

A funeral for the State 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 involved in a long-running battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, clarity of speech and passion made him a renowned national figure and he was lauded as an advocate 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 workers at the time the worker inhaled asbestos dust as a part of his job. he was diagnosed with asbestosis and later mesothelioma. His older brother Ted also died of mesothelioma and one of his children suffers from a fatal form of the disease.

The new law, named in his honor eliminated a rule that did not allow people who suffered from other forms of asbestos exposure from seeking compensation. Prior to this the victims could only seek 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 changed in order to expand the rights of asbestos victims and their family members. In Victoria, people can now claim mesothelioma compensation in the event that they were exposed to asbestos by non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.

The new laws also expand asbestos victims' rights to pursue damages for lost income, pain and suffering, and impairment of the quality of their life. Compensation is also available for a variety of costs, including transport to the hospital or medical facility, as well as equipment for rehabilitation. In some cases, a lump sum can even cover funeral expenses.

The Wrongs Act

Compensation is available to those who have been diagnosed with mesothelioma, asbestos-related illnesses. The amount of compensation depends on the severity of the injuries and the losses. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are those that can be explained in concrete terms for example, medical costs as well as treatment costs and lost income. Non-economic damages are those that are not tangible like pain, suffering, and loss of enjoyment living.

Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. However, those who develop 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 provide you with all your options, such as legal compensation schemes, or pursuing a claim under common law. They can also assist in obtaining the evidence you need to support your claim. This includes workmate statements, medical reports and other relevant documents that may help support your case.

You can report your exposure, however old or new to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. In doing so, you can establish proof of your exposure and reduce the time needed to settle your claim.

It is important to consult mesothelioma compensation lawyers as early as you can if you or someone you care about has been exposed asbestos. It is important to recognize that mesothelioma can be a complex disease and it can take years for victims to get the compensation they deserve.

Today, those who have been who are diagnosed with mesothelioma as well as 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 adequately compensated for their injuries. This includes ensuring that those who claim receive sufficient compensation for their loss of income, pain and suffering, and the impact on their family.

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). Exposure to asbestos is the reason. In Australia, most mesothelioma cases are pleural and affect the lung. However, mesothelioma can also affect the peritoneum and chest wall. In both cases the lining of the chest wall thickens to the size of cigarettes and forms a hard, granular tumor that is the size of a hand. The signs of mesothelioma generally do not manifest for a long time after asbestos exposure.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. Executives assured the public that the foundation would pay for any legitimate asbestos-related compensation claims. The company then moved its head office and incorporation process to the Netherlands and claimed that it was for tax reasons.

However, despite the money it was later discovered that the fund was grossly underfunded. At the end of 2003, it became clear that the fund didn't have enough money to pay all compensation due to asbestos victims.

This led to a huge trade union campaign and former James Hardie employees to force the company to pay the compensation shortfall that was expected. 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 was diagnosed with several asbestos-related illnesses.

In November 2006 In November 2006, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a specific legal agreement to pay compensation to those suffering from asbestos-related diseases with payments from a special purpose trust that is financed by James Hardie.

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

The fund has now given out more than $2 billion to asbestos-related victims. Some of the money was used to support mesothelioma research, including clinical trials for the development of new treatments. Anyone who has suffered from mesothelioma or other asbestos-related diseases should consider seeking legal guidance on how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that affects a thin layer surrounding many organs of the body is caused by asbestos fibres. It is usually caused by long-term asbestos fibre exposure that causes inflammation in the mesothelium. There are several types of mesothelioma. The most frequent is pleural that affects the lining of the lungs and chest cavity. Other types include pericardial or the peritoneal.

Despite the fact asbestos is no longer used mesothelioma is still a problem in Australia due to its lengthy latency period. Mesothelioma symptoms can take a long time to manifest. If the symptoms are caught early enough they can be treated with chemotherapy or surgery.


Asbestos victims may be eligible for compensation. Compensation can be used to pay the costs of treatment. It can also provide money for the family members of the patient with mesothelioma. mesothelioma death compensation is contingent upon the type of mesothelioma, where it was diagnosed and how long the patient was exposed to asbestos.

Some hospitals in Australia are specialized in treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are developing constantly. Patients suffering from mesothelioma are able to consult their physicians about clinical trials.

In Australia there are two main methods to seek mesothelioma compensation. They can make a statutory claim using WorkCover or submit a court case. In general, courts give more compensation than statutory claims.

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

Mesothelioma is most often related to asbestos exposure in homes and workplaces. Those who are at risk of exposure include miners, construction workers, and other people who worked in asbestos factories or mines. They may be exposed to asbestos through second-hand products including asbestos-contaminated clothing. Those who are at risk of mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will assist researchers in developing guidelines to avoid asbestos exposure in the future.

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