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Why Mesothelioma Compensation Australia Isn't As Easy As You Think
Mesothelioma Compensation Australia

Mesothelioma is a malignant cancer of the pleura (lung lining) or the peritoneum. It is almost exclusively caused by exposure to asbestos.

Many states provide compensation to victims. A mesothelioma lawyer will help you navigate the legal process of filing a statutory claim. You might also be eligible to file a common law lawsuit that could result in greater compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of asbestos victims and was the person who led the legal fight against James Hardie. His larrikin attitude, a dislike of authority and enthusiasm for social justice made him an ardent Australian crusader. He passed away in 2007 from mesothelioma peritoneal.

A State funeral was held in NSW on 5 December 2007. At the time of his death, he was suffering from the 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 patients. His passion, articulacy and determination made him a national icon and an advocate for asbestos patients.

He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers of the time. His older brother Ted passed away from mesothelioma and one of his children has a fatal form of the disease.

The new law was named in honor of him and also removed a clause that meant that people who suffered from other forms of asbestos exposure were unable to sue for compensation. Prior to this the victims could only seek compensation if exposed to asbestos working.


Since the introduction the Bernie Banton Law a number of laws have been amended to enhance the rights for asbestos victims and their families. In Victoria there is a possibility to claim for mesothelioma compensation if they were exposed to asbestos by non-work related activities, including secondhand exposure and environmental contamination.

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

The Wrongs Act

Compensation is available to people diagnosed with mesothelioma, asbestos-related illnesses. The amount of compensation is contingent on the severity of injuries and losses. Damages can be classified into two types of damages: non-economic and economic. Economic damages are those which can be quantified in terms of concrete numbers like medical expenses, treatment costs and lost income. Non-economic damages, on the contrary, are intangible losses, such as suffering, as well as loss of enjoyment.

Many states and territories have compensation schemes for government that apply to mesothelioma claims. Anyone suffering from asbestos-related illnesses can also make a common law claim. To ensure that the claim is handled properly it is recommended to speak with an experienced lawyer.

A mesothelioma attorney with experience can advise you on all possible options, including the statutory compensation schemes or making an action under common law. They can also help you gather the evidence needed to prove your claim. Included in this are workmate declarations, medical reports and other documents that can help strengthen your claim.

It's important to remember that you can identify your exposure to asbestos, silica and chemicals by registering your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure occurred. You can prove your exposure to asbestos, silica, and chemicals by registering your exposure on the free National Asbestos Silica Chemicals and Fumes Register.

It is essential to speak with a mesothelioma compensation lawyer as quickly as you can when you or someone you care about has been exposed asbestos. It is important to know that mesothelioma may be a complex illness and it can take years before victims get the compensation they deserve.

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

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a fatal tumour of the linings that surround organs like the lungs and abdomen (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. In Australia the majority of mesothelioma cases are pleural and affect the lung. However, mesothelioma can affect the peritoneum and chest wall. In both instances the lining gets more dense than cigarette paper and can create a hard, swollen tumor that is the size of the size of a fist. The symptoms of mesothelioma rarely show up until a long time after the initial exposure to asbestos.

James Hardie Industries Ltd. A company that makes James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 million to ensure future asbestos compensation claims. The company's executives assured the public that the fund would be able to pay any legitimate asbestos-related compensation claims. The company then moved their head office and legal incorporation from the Netherlands to the Netherlands in the belief that this was due to tax reasons.

However, despite the funds however, it was later discovered that the fund was grossly underfunded. In late 2003, it became clear that the fund wouldn't have enough funds to pay all compensation owed to asbestos victims.

This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company pay for the anticipated compensation gap. Bernie Banton was a former James Hardie Industries construction worker, who had worked there for over 30 years. He developed asbestos-related diseases.

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

The Australian Taxation Office provided the Foundation with private binding rulings that they believed would provide an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has already given out more than $2 billion to asbestos-related victims. A portion of the money was used to fund mesothelioma research, including clinical trial trials for new treatments. If you've suffered from asbestos-related diseases such as mesothelioma, it is worth seeking legal advice about the best way to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that affects a thin layer of skin around 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 causes inflammation in the mesothelium. There are many types of mesothelioma. The most prevalent is pleural which affects the lung lining and chest cavity. Other types include pericardial and peritoneal.

Despite the fact asbestos is no longer used mesothelioma continues to be a problem in Australia because of its lengthy latency. It can take years 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 can be used to cover the costs of treatment. It can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was diagnosed and how long the victim was exposed to asbestos.

Certain hospitals in Australia are specialized in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed continuously. mesothelioma compensation payouts suffering from mesothelioma must talk to their doctors about participating in clinical trials.

There are two primary methods for people to claim mesothelioma compensation in Australia. They can either submit an statutory compensation claim via WorkCover or file a court complaint. The courts generally award higher compensation than the statutory claims.

The mesothelioma lawyers of 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 help people with compensation claims as well as assist them with finding medical specialists. They can also help connect people with mesothelioma support groups.

Mesothelioma is most often found in workplaces and homes where asbestos is present. Construction workers, miners, and others who worked in asbestos factories or mines are at risk. You can also get asbestos from second-hand clothes or products. Those at risk of mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will help researchers develop policies to stop asbestos exposure.

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