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10 Ways To Create Your Mesothelioma Compensation Australia Empire
Mesothelioma Compensation Australia

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

Many states have compensation programs for victims. A mesothelioma attorney can help you navigate the statutory claim. You could be able to make a common-law claim which could lead to a higher 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 battle against James Hardie. His larrikin attitude, disdain for authority, and enthusiasm for social justice made him a fervent Australian crusader. He passed away from peritoneal msothelioma in 2007.

A funeral for the State was held for him in NSW on December 5, 2007. At the time of his death, he was suffering from the terminal mesothelioma. He was fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy and passion made him a household persona and he was hailed as an advocate 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. He was diagnosed with mesothelioma and asbestosis as did many other workers at the time. 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 his honour and removed a limitation that meant people who had suffered from other types of asbestos exposure were not able to pursue compensation. Prior to this, victims were only eligible to receive compensation if they'd been exposed to asbestos 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, asbestos exposure can result from non-work related activities, like secondhand exposure or environmental contamination.

The new laws extend asbestos victims the right to sue for damages resulting from loss of income, pain, suffering, and impairment to their quality of life. Compensation is also available for a range of expenses, including transportation to hospitals, medical treatment and rehabilitation equipment. In some instances, the lump sum can cover funeral costs.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation depends on the severity of the injuries and the loss. Damages are typically classified into two categories: economic and non-economic damages. Economic damages are those that can be explained for in concrete terms for example, medical costs or treatment expenses, as well as lost income. Non-economic losses are intangible damages that include pain, suffering, and loss of enjoyment living.

Many states and territories have mesothelioma compensation programs through government cases. However, people who develop an asbestos-related illness can also pursue a common law claim. In order to do so it is essential to speak with an experienced lawyer to ensure the claim is handled properly.

A mesothelioma lawyer who is experienced can advise you of all of your options, including the statutory compensation schemes as well as pursuing an ordinary law claim. They can also assist you to collect the evidence you need to prove your claim. Included in this are workmate statements, medical reports and any other documents that can help strengthen your claim.

It's important to keep in mind that you are able to declare your exposure to asbestos, silica and chemical substances through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure occurred. 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 important to consult a mesothelioma compensation attorney as soon as possible. It's crucial to know that mesothelioma is a complicated disease that can take years for victims to receive the compensation they deserve.

Today, those who have been who are diagnosed with mesothelioma as well as other asbestos-related diseases are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is intended to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants receive adequate compensation for the loss of income, their pain and suffering, as well as the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a deadly tumour of the linings surrounding organs such as the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the cause. In Australia, most cases of mesothelioma are pleural in nature and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both instances the lining gets thicker than cigarette papers to create a hard, swollen tumor that is the size of a fist. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.

In 2001, James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public that the fund would cover all legitimate asbestos-related claims. The company then moved their headquarters and legal incorporation from the Netherlands to the Netherlands in the belief that this was due to tax reasons.

The fund was found to be grossly underfunded despite the money. At the close of 2003, it became clear that the fund was not able to raise enough funds to pay for all compensation due to asbestos victims.

This triggered a massive trade union campaign and former James Hardie employees to pressure the company to pay the compensation shortfall expected. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for over 30 years. He contracted 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. The agreement included a legal document 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 which they believed would provide an acceptable tax result for the fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.

The fund has given more than $2 billion to asbestos-related victims. A portion of the money was used to fund mesothelioma research, including clinical trials to test new treatments. People who have been affected by mesothelioma or any other asbestos-related diseases should consider seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that is a thin layer that surrounds several organs of the body, is caused by asbestos fibres. Typically, take a look at the site here is caused by long-term exposure to asbestos fibres which cause inflammation of the mesothelium. There are many mesothelioma types. The most common is pleural that affects the lung lining as well as the chest cavity. mesothelioma compensation for family members include pericardial or peritoneal.

Although asbestos is no longer in use in Australia, mesothelioma continues to develop because of the long latency period. Mesothelioma signs can take years to appear. However, 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 treatment costs. It may also provide funds for the family members of the patient with mesothelioma. Compensation is contingent on the type of mesothelioma, where it was discovered and how long the victim was exposed to asbestos for.

Some hospitals in Australia are specifically geared towards treating mesothelioma. They 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 may inquire from their doctors about clinical trials.

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


Davey & Co's mesothelioma attorneys can assist patients with mesothelioma to receive compensation. They have experience with asbestos compensation claims both for secondary and primary exposure. They can assist people with compensation claims and assist them in finding medical professionals. They can also connect people with mesothelioma support groups.

Mesothelioma primarily occurs in homes and workplaces where asbestos is present. People at risk of exposure are miners, construction workers, and others who worked in asbestos factories or mines. They could also be exposed to asbestos by using second-hand products including asbestos-contaminated clothing. Anyone at risk of developing mesothelioma may want to consider providing information to the Australian Mesothelioma Register. This will help researchers design strategies to reduce asbestos exposure in future.

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