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10 Healthy Habits For Mesothelioma Compensation Australia
Mesothelioma Compensation Australia

Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. Exposure to asbestos is the principal reason.

Many states have compensation programs for victims. A mesothelioma attorney can help you navigate the statutory claim. You might be able to make a common law claim, which could result in greater amount of compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004 was the face of asbestos victims and was the man behind the legal battle against James Hardie. His larrikin attitude, disdain for authority and enthusiasm for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.


On December 5, 2007, the State funeral was held in NSW for his funeral in NSW. 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 included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. blog , articulacy, and passion made him a renowned national celebrity and he was recognized as an advocate for asbestos patients.

He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma as were many other workers at the time. His brother Ted was also diagnosed with mesothelioma, and one of his children suffers from a severe form of the disease.

The new law was named in honor of his memory, removed a restriction which made it impossible for people who suffered other forms asbestos exposure from seeking compensation. Prior to this, victims were only eligible for compensation if they had been exposed to asbestos in their 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 there is a possibility to claim mesothelioma-related compensation if they were exposed to asbestos in non-work-related activities such as secondhand exposure and environmental contamination.

The new laws also extend asbestos victims' rights to seek damages for lost income or pain and suffering and impairment of the quality of their life. Compensation is also provided for a range of costs including travel costs to the hospital or medical treatment, as well as rehabilitation equipment. In certain cases the lump sum may even be used to pay for funeral expenses.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation varies on the severity of the injuries and the losses. Damages are usually classified into two categories: economic and non-economic damages. Economic damages are those that can be accounted for in concrete terms like medical expenses as well as treatment costs and lost income. Non-economic damages on the other hand, are intangible damages such as pain and suffering as well as the loss of enjoyment of life.

Many states and territories have specific government compensation schemes that apply to mesothelioma claims. However, people who develop an asbestos-related condition can pursue a common law claim. To ensure that the claim is dealt with properly it is recommended to speak with a lawyer with experience.

A mesothelioma lawyer with expertise will be able to provide you with all possible options, including the statutory compensation schemes or making an action under common law. They can also help you 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.

It is important to keep in mind that you are able to register your exposure to asbestos, silica and chemical substances through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. By doing this, you can establish proof of your exposure and potentially reduce the time it takes to settle your claim.

If you or someone you know has been exposed to asbestos, it's crucial to seek advice from a mesothelioma compensation attorney immediately if you can. It is essential to be aware that mesothelioma may be a complex illness and it can take years for victims to 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 injuries. This is to ensure that those who have been injured due to the negligence of other people are adequately compensated. This includes ensuring claimants get the right amount of compensation for the loss of income, pain and suffering, as well as the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma A deadly tumor of the linings surrounding organs, such as the abdomen and the lungs (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. In Australia, most cases of mesothelioma are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and the peritoneum. In both cases the lining gets thicker than cigarette papers to create a hard, swollen tumor that is the size of the size of a fist. The signs of mesothelioma typically do not manifest for a long time after exposure to asbestos.

James Hardie Industries Ltd. is a company that manufactures James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 million to cover future asbestos compensation claims. Executives assured the public the fund would pay for all legitimate asbestos-related claims. The company then moved its head office and legal incorporation to the Netherlands, claiming it was for tax reasons.

The fund was found to be severely underfunded despite the funds. At the close of 2003, it was evident that the fund did not have enough funds to pay for all compensation due to asbestos victims.

This triggered a massive trade union campaign and former James Hardie employees to make the company pay the compensation shortfall that was expected. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for more than 30 years. He was diagnosed with asbestos-related illnesses.

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 to compensate asbestos-related diseases through James Hardie's special purpose trust.

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

The fund has now given out 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. If you have suffered from asbestos-related illnesses like mesothelioma, it is worth seeking legal advice about the best way to claim compensation.

Clinical Trials

Mesothelioma is a type of cancer that affects the mesothelium which is a thin layer of tissues surrounding many organs in the body. It is typically caused by long-term exposure to asbestos fibres which cause inflammation in mesothelium. There are a variety of mesothelioma types. The most common is pleural which affects the lung lining as well as the chest cavity. Other types include pericardial and the peritoneal.

Although asbestos is no longer in use in Australia, mesothelioma continues to develop because of the long latency period. It can take years for people to develop the symptoms of mesothelioma. However, if the symptoms are detected early enough, they can be treated by surgery or chemotherapy.

Asbestos victims may be eligible for compensation. Compensation may be used to cover the costs of treatment. It may also provide funds for the family members of the person who has mesothelioma. Compensation depends on what kind of mesothelioma victim has, where the diagnosis was made, and how long they were exposed to asbestos.

Certain hospitals in Australia are specialized in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatments are being developed every day. Patients suffering from mesothelioma are able to consult their physicians about clinical trials.

In Australia there are two options for people to seek compensation for mesothelioma. You can either file a statutory compensation claim through WorkCover or file a court complaint. The courts generally award higher compensation than statutory claims.

The mesothelioma attorneys at Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims, both for primary and secondary exposure. They can assist people with compensation claims and help them in finding medical professionals. They can also help connect people with mesothelioma support groups.

Mesothelioma is most often found in workplaces and homes where asbestos is present. Miners, construction workers and others who worked in asbestos factories or mines are at risk. You can also get asbestos by reusing clothing or other products. People who are at risk of mesothelioma might want to consider providing information to the Australian Mesothelioma Register. This will enable researchers to design policies that protect against asbestos exposure.

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