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Mesothelioma Compensation Australia Tools To Ease Your Daily Life
Mesothelioma Compensation Australia

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

There are many states that have compensation plans for victims. A mesothelioma lawyer can help you navigate the legal process of filing a lawful claim. You may be able make a common law claim, which could lead to a greater amount of compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of asbestos victims and the man who led the legal fight against James Hardie. His swagger, disdain for authority, and passion for social justice made him a passionate Australian crusader. He died of peritoneal mesothelioma in 2007.

On the 5th of December 2007 a State Funeral was held in NSW for him. He was dying of mesothelioma that was terminal at the time. He was fighting for many years with James Hardie in order to be able to get Alimta included in the Pharmaceutical Benefits Scheme. His determination, clarity of speech and passion made him a renowned national figure and he was lauded as a champion for asbestos sufferers.

He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the late 1960s to early 1970s. Like many other workers of the time, he inhaled asbestos dust as part of his job. it was discovered that he had asbestosis and later with mesothelioma. His older brother Ted died from mesothelioma, and one of his kids has a debilitating version of the disease.

The new law was named after him, removed a restriction which prevented people who suffered from other forms of asbestos exposure from suing for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos while at work.

Since the introduction of the Bernie Banton Law, a number of other laws have been amended to expand the rights of asbestos victims and their families. In Victoria there is a possibility to claim mesothelioma compensation in the event that they were exposed to asbestos through non-work-related activities such as secondhand exposure and environmental contamination.

The new laws also expand asbestos victims' rights to sue for damages for lost income or pain and suffering and impairment to the quality of life. Compensation is also available for a variety of costs, including travel to the hospital or medical facility, as well as rehabilitation equipment. In some instances, the lump sum can be used to pay for funeral expenses.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related diseases are entitled to compensation. The amount of compensation varies on the severity of injuries and the losses. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are those that can be accounted for in terms of concrete evidence like medical expenses, treatment expenses and 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 have specific government compensation schemes that apply to mesothelioma claims. Anyone suffering from asbestos-related diseases can bring a lawsuit under the common law. To ensure that the claim is dealt with properly it is recommended to speak with a lawyer with experience.

An experienced mesothelioma compensation lawyer will be able to inform you on your options which include statutory compensation schemes and pursuing an action under the common law. They can also assist you to collect the evidence you need to support your claim. This includes workmate statements, medical reports, and any other relevant documents that could help to strengthen your case.

mesothelioma compensation fund can register your exposure, however recent or old chemical silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so, you can establish proof of your exposure and reduce the time required to settle your claim.

If you or someone you know has been exposed to asbestos, it's essential to consult an experienced mesothelioma compensation lawyer as soon as you can. It's important to understand that mesothelioma can be a complex disease and it can take many years before victims get the compensation they deserve.

Currently, those diagnosed with mesothelioma and other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo an extensive injury assessment process. This is intended to ensure that people who are injured due to the negligence of others are compensated for their injuries. This means that claimants receive the appropriate compensation for their loss of income, their suffering and pain, as well as the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings around organs like the abdomen and 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 lung. Mesothelioma can also affect the chest wall and the peritoneum. In both instances the lining of the chest wall becomes more dense than cigarette paper and can create a hard, swollen tumor that is the size of an oblique. The signs of mesothelioma usually don't show up until a long time after the initial exposure to asbestos.

James Hardie Industries Ltd. A company that makes James Hardie siding, established the Medical Research and Compensation Foundation in 2001 with $293 million to ensure future asbestos compensation claims. Executives assured the public that the foundation would pay for any legitimate asbestos-related compensation claims. The company then moved their headquarters and incorporation legal from the Netherlands to the Netherlands and claimed that this was due to tax reasons.

However, despite the money, it was later found that the fund was severely underfunded. At the end of 2003, it became clear that the fund was not able to raise enough money to pay all compensation due to asbestos victims.

This led to a huge trade union campaign and former James Hardie employees to pressure the company to pay the compensation shortfall expected. One of the most prominent figures 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 ailments.

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 unique legal agreement to compensate those suffering from asbestos-related diseases with payments from a special purpose trust funded by James Hardie.

The Australian Taxation Office gave the Foundation private binding rulings that they believed would produce an the most tax-efficient result for this fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.

The fund has now paid out over $2 billion to asbestos-related victims. Some of the money was used to support mesothelioma research, including clinical trial trials for new treatments. If you've suffered from asbestos-related illnesses like mesothelioma it is worth seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma is a cancerous disease that is a thin layer that surrounds several organs of the body, is caused by asbestos fibres. It is usually caused by long-term exposure to asbestos fibres which cause inflammation in the mesothelium. There are different types of mesothelioma. The most prevalent type is pleural. It affects the lining in the chest cavity and lungs. Other types include pericardial or the peritoneal.


While asbestos is not used anymore in Australia mesothelioma is still able to develop due to the long time of latency. Mesothelioma symptoms can take years to appear. If mesothelioma compensation claim are detected early enough, they may be treated by chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation can be used to cover treatment costs. It also provides money for the family members of the patient with mesothelioma. 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. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatment options are being developed all the time. Patients suffering from mesothelioma may ask their doctors about clinical trials.

There are two main ways for people to claim mesothelioma compensation in Australia. They can make a statutory claim using WorkCover or file a court-mandated claim. The courts generally award more compensation than the legal claims.

Davey & Co's mesothelioma attorneys can help those with mesothelioma get compensation. They have expertise in asbestos compensation claims, both for primary and secondary exposure. They can assist people with compensation claims, and help them locate medical specialists. They can also connect people with mesothelioma support groups.

Mesothelioma is most often associated with asbestos exposure in workplaces and homes. People at risk of exposure are miners, construction workers, and other people who worked in asbestos factories or mines. Asbestos can also be ingested from second-hand clothing or products. People who are at risk of mesothelioma should think about submitting information to the Australian Mesothelioma Registry. This will assist researchers in developing guidelines to avoid asbestos exposure in the future.

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