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These Are Myths And Facts Behind Mesothelioma Compensation Australia
Mesothelioma Compensation Australia

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

Many states provide compensation to victims. A mesothelioma lawyer can assist you navigate a statutory claim. You could also be eligible to file a common law claim, which can result in more compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004, was the face of asbestos victims as well as the man behind the legal battle against James Hardie. A passionate Australian activist for social justice, his larrikin ethos and disdain of authority was the main component of the campaign to bring the company to account for its asbestos scandal. He passed away in 2007 from mesothelioma of the peritoneal region.

A State funeral was held for him in NSW on 5 December 2007. At the time of his death, he was suffering from the terminal mesothelioma and he had been fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy and determination made him a national icon and a champion for asbestos patients.

He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. Like many workers at the time asbestos dust was inhaled as a part of his job. the asbestosis diagnosis was confirmed and later mesothelioma. His older brother Ted was also diagnosed with mesothelioma and one of his children has a severe form of the disease.

The new law, named in his honor eliminated a rule that made it impossible for people who suffered other forms of asbestos exposure from seeking 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 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 by non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.

The new laws extend asbestos victims the right to claim damages for loss of income or pain, suffering and impairment to quality of life. Compensation is also available for a range of costs, including transport to the hospital or medical facility and equipment for rehabilitation. In certain cases an amount lump-sum can even be used to pay for funeral expenses.

The Wrongs Act

Compensation is available to those diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation depends on the severity of the injuries and losses. Damages can be divided into two categories: economic and noneconomic damages. Economic damages are those which can be quantified in a concrete way such as medical expenses, treatment costs, and lost income. Non-economic damages, on the other hand, are intangible losses, such as pain and suffering as well as the loss of enjoyment of life.

Many states and territories have government compensation schemes that apply to mesothelioma claims. However, those who develop an asbestos-related disease can also pursue a common law claim. In order to pursue a common law claim it is essential to speak with an experienced lawyer to ensure that the claim is handled properly.

A mesothelioma attorney with expertise will be able to guide you through all of your options, including legal compensation schemes, or pursuing a claim under common law. They can also assist you to gather the necessary evidence to back your claim. Included in this are workmate statements, medical reports and any other documents that could support your claim.

You can record your exposure, however recent or old to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica and chemicals by making your exposure known on the free National Asbestos, Silica, Chemicals and Fumes Register.

If you or someone you know has been exposed to asbestos, it's crucial to seek advice from an experienced mesothelioma compensation lawyer as soon as you can. It is crucial to understand that mesothelioma is an extremely complex disease, and it may take years for victims to 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 assessment of their injuries. This is to ensure that those injured by the negligence or other people are properly compensated. This includes ensuring that those who claim get the right amount of compensation for the loss of income, their suffering and pain, and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings that surround organs like the lungs and abdomen (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are pleural and affect the lung. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both instances, the lining becomes thicker than cigarette paper to create a hard, swollen tumor that is the size of a fist. The symptoms of mesothelioma usually are not evident for a long time after asbestos exposure.


In 2001, James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with $293 million to handle future asbestos compensation claims. The executives assured the public the fund would be able to pay any legitimate asbestos-related compensation claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands, claiming the move was for tax reasons.

The fund was found to be severely underfunded despite the funds. At the close of 2003, it was obvious that the fund didn't have enough funds to pay for 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 shortfall in compensation 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, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a legal agreement that would pay for asbestos-related ailments with payments from James Hardie's special purpose trust.

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

The fund has given more than $2 billion to asbestos victims. A portion of the funds was used to fund mesothelioma research, including clinical trials for the development of new treatments. Anyone who has been affected by mesothelioma or any other asbestos-related diseases should think about seeking legal guidance on how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that affects a thin layer surrounding various organs in the body, is caused by asbestos fibres. It is usually caused by asbestos fibre exposure for a long time which causes inflammation of the mesothelium. There are various types of mesothelioma. The most popular type is pleural. It affects the lining of the lungs and chest cavity. Other types are pericardial or the peritoneal.

Despite the fact asbestos is no longer used mesothelioma continues to be a problem in Australia because of its lengthy latency time. It can take decades for people to develop the symptoms of mesothelioma. If the symptoms are caught early enough they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. take a look at the site here may help to cover the costs of treatment. It also provides money for the family members of the person suffering from mesothelioma. Compensation is contingent on the type of mesothelioma, the location it was discovered and how long the victim was exposed to asbestos.

Certain hospitals in Australia specialise in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed every day. Patients suffering from mesothelioma should talk to their doctors about participating in a clinical trial.

In Australia there are two main methods for people to seek mesothelioma compensation. They can submit a statutory claim via WorkCover, or they can make a court claim. The courts typically award more compensation than the statutory claims.

Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma receive compensation. They have experience with asbestos compensation claims both for primary and secondary exposure. They can help people with compensation claims, and help them find medical specialists. They can also help connect people with mesothelioma support groups.

Mesothelioma is mostly caused by asbestos exposure in homes and workplaces. Construction workers, miners and other workers in asbestos mines or factories are at risk. They may be exposed to asbestos through second-hand items including contaminated clothing. Those who are at risk of mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will enable researchers to create policies that will prevent asbestos exposure.

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