Notes

What Experts In The Field Would Like You To Know?
Mesothelioma Compensation Australia

Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. It is usually caused by exposure to asbestos.

Many states have compensation programs for victims. A mesothelioma lawyer can help you navigate the statutory claim. You may be able make a common law claim, which could result in 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 larrikin attitude, a dislike of authority and passion for social justice made him a fervent Australian crusader. He passed away from peritoneal msothelioma in 2007.

On December 5, 2007, a State Funeral was held in NSW for his funeral in NSW. He was dying of mesothelioma that was terminal at the time. He had been fighting for many years with James Hardie in order to be able to get Alimta to be included in the Pharmaceutical Benefits Scheme. His determination, articulacy 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 in the James Hardie Camellia factory in western Sydney during the period from the late 1960s through to the early 1970s. Like many other workers of the time, the worker inhaled asbestos dust as part of his job and the asbestosis diagnosis was confirmed and later mesothelioma. His older brother Ted died from mesothelioma, and one of his kids has a fatal form of the disease.

The new law was named in honor of him and removed a limitation that meant those who suffered from other types of asbestos exposure were unable to pursue compensation. Prior to this victims could only claim 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 increase the rights of asbestos victims and their families. In Victoria asbestos exposure could be the result of activities outside of work, such as exposure to asbestos through secondhand sources or environmental contamination.


The new laws also expand asbestos victims' rights to sue for damages for loss of income as well as pain and suffering and impairment of quality of life. Compensation is also available for a range of expenses such as travel costs to hospitals or medical treatment, as well as rehabilitation equipment. In certain cases, the lump sum can be used to pay for funeral expenses.

The Wrongs Act

Compensation is available to those diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation awarded is contingent upon the severity of the losses and injuries that are suffered. Damages can be classified into two types of damages: non-economic and economic. 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 of living.

mesothelioma navy compensation and territories provide mesothelioma-related compensation schemes through the government. cases. Anyone suffering from asbestos-related diseases can file a common law lawsuit. To pursue this it is essential to speak with an experienced lawyer to ensure the claim is properly handled.

A mesothelioma lawyer who has expertise will be able to guide you through all of possible options, including the statutory compensation schemes or making an action under common law. They can also assist in obtaining the evidence you need to support your claim. Included in this are workmate declarations, medical reports and any other documents that may strengthen your claim.

You can report your exposure, no matter how old or new chemical silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing this you can prove the existence of your exposure, and possibly reduce the time required to settle your claim.

It is important to consult an attorney for mesothelioma compensation as early as you can if you or someone you love has been exposed to asbestos. It is crucial to understand that mesothelioma may be an extremely complex disease and it can take years before victims get the compensation they deserve.

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

The James Hardie Medical Research and Compensation Foundation

Mesothelioma A deadly tumor of the linings that surround organs like the abdomen and the lungs (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the cause. In Australia the majority of mesothelioma cases are pleural and affect the lungs. However, mesothelioma may also affect the peritoneum as well as the chest wall. In both instances, the lining becomes more dense than cigarette paper and can create a hard, swollen tumor that is the size of an oblique. The symptoms of mesothelioma rarely manifest until several years after the initial exposure to asbestos.

In 2001 James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. The company's executives assured the public that the fund would cover all legitimate asbestos-related claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands, claiming that this was for tax reasons.

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

This led to a massive 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. He also developed various asbestos-related diseases.

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

The Australian Taxation Office gave the Foundation private binding rulings which they believed would produce an a tax-friendly outcome for this fund. James Hardie also agreed to pay 35 percent of its operating cash flow into the fund.

The fund has given more than $2 billion to asbestos victims. A portion of the funds was used to support mesothelioma cancer research, including clinical trial trials for new treatments. If you have suffered from asbestos-related diseases such as mesothelioma it is worth seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma is a cancer that affects the mesothelium which is a thin layer of tissue surrounding various organs in the body. It is typically caused by exposure to asbestos fibres which cause inflammation of mesothelium. There are several types of mesothelioma. The most popular kind is pleural. It affects the lining in the chest cavity and lungs. Others are peritoneal or pericardial.

Despite the fact that asbestos is no longer used mesothelioma is still a problem in Australia because of its lengthy latency. It can take a long time before people begin to show symptoms of mesothelioma. However, if the signs are caught early enough they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation may be used to cover the costs of treatment. It can also be used to help the family members of a person diagnosed with mesothelioma. Compensation is contingent upon the mesothelioma type, the place it was diagnosed, and how long the victim was exposed to asbestos for.

Some hospitals in Australia specialize in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created constantly. Patients suffering from mesothelioma are able to inquire from their doctors about clinical trials.

There are two main ways that people can claim mesothelioma compensation in Australia. They can either submit an official claim for compensation through WorkCover or make a court complaint. In general, courts award more compensation than the statutory claims.

Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma get compensation. They have expertise in asbestos compensation claims, both for primary and secondary exposure. They can help people with compensation claims and help them in finding medical professionals. They can also assist in connecting people with support groups for mesothelioma.

Mesothelioma is most often caused by asbestos exposure in homes and workplaces. People at the risk of exposure are miners, construction workers and others who worked in asbestos-contaminated factories or mines. You can also get asbestos by reusing clothing or other products. People who are at risk of developing mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will assist researchers in developing guidelines to avoid asbestos exposure in future.

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