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How Do You Know If You're Ready For Mesothelioma Compensation Australia
Mesothelioma Compensation Australia

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

Many states offer compensation for victims. A mesothelioma lawyer will help you with the legal process of filing a lawful claim. You could be able to file a common-law claim, which could lead to a higher 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. A passionate Australian crusader for social justice, his larrikin spirit and disdain for authority were a major part of the campaign to make James Hardie accountable for its asbestos scandal. He died in 2007 of peritoneal mesothelioma.

On the 5th of December 2007 the State Funeral was held in NSW for the deceased. At the time of his death, he was suffering from 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 passion, articulacy and determination made him a national figure and 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. He was diagnosed with mesothelioma and asbestosis as did many other workers of 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 after him and it removed a restriction that meant people who had suffered from other types of asbestos exposure were not able to pursue compensation. Previously victims were only eligible to claim compensation if they had been exposed to asbestos in their work.

Since the enactment of the Bernie Banton Law a number of laws have been amended to increase the rights for asbestos victims and their families. In Victoria there is a possibility to claim mesothelioma compensation in the event that they were exposed to asbestos in non-work-related activities, such as secondhand exposure and environmental contamination.

The new laws also extend the rights of asbestos victims to pursue damages for income loss or pain and suffering and impairment to the quality of their life. Compensation is also provided for a variety of expenses like travel expenses to hospital, medical treatment and rehabilitation equipment. In some instances 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 is contingent on the severity of injuries and the losses. Damages can be divided into two categories: economic and noneconomic damages. Economic damages are those that can be accounted for in concrete terms for example, medical costs, treatment expenses and lost income. Non-economic damages on the other hand, are intangible losses, such as pain and suffering, as well as loss of enjoyment.

Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. However, people who develop an asbestos-related illness can also pursue a common law claim. In order to pursue a common law claim, it's important to contact an experienced lawyer to ensure the claim is properly handled.

A mesothelioma attorney with experience can provide you with all your options, such as the statutory compensation schemes or making claims under common law. More Bonuses can also help you gather the necessary evidence to support your claim. This includes workmate statements, medical reports and other relevant documents that could help to strengthen your case.

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

If you or someone you know has been exposed to asbestos, it's crucial to seek out a mesothelioma compensation attorney as soon as you can. It's important to understand that mesothelioma is a complex disease that can take many years before victims receive the compensation they deserve.

Those diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an assessment of injuries. This is intended to ensure that people who have been harmed by the negligence of others are compensated for their injuries. This includes ensuring that claimants get the right amount of compensation for the loss of income, pain and suffering and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a fatal tumour of the linings surrounding organs such as the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. 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 cases, the lining becomes thicker than cigarette papers to form a hard tumor about the size of a fist. The symptoms of mesothelioma usually don't appear for many years 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 millions to pay for future asbestos compensation claims. The company's executives assured the public that the fund would meet all legitimate asbestos-related compensation claims. The company later moved its headquarters and legal incorporation to the Netherlands in the belief that it was for tax reasons.


The fund was found to be grossly underfunded despite the funds. In late 2003, it became evident that the fund would not have enough funds to pay out all compensation owed to asbestos victims.

This led to 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 had worked there for more than 30 years. He developed asbestos-related diseases.

In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. blog included a special legal agreement to pay compensation to victims of asbestos-related illnesses by transferring funds from a specific purpose trust that is financed by James Hardie.

The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in an acceptable tax outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has dispensed more than $2 billion to asbestos victims. Some of this money has been used to fund mesothelioma research, including clinical trials to discover new treatments for the disease. If you've suffered from asbestos-related diseases such as mesothelioma, it is worth seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that is a thin layer that surrounds various organs in 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 different types of mesothelioma. The most common is pleural, which affects the lining of the lungs and chest cavity. Other types include pericardial or the peritoneal.

While asbestos is not used anymore in Australia mesothelioma still continues to develop because of the long time of latency. It can take years before people begin to show symptoms of mesothelioma. However, if the symptoms are detected early enough, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation may help to cover the cost of treatment. It also provides money for the family members of the patient who has mesothelioma. Compensation depends on what kind of mesothelioma that the patient has, where the diagnosis was made and the length of time they were exposed to asbestos for.

Certain hospitals in Australia specialize in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed continuously. Patients suffering from mesothelioma may ask their doctors about clinical trials.

There are two main ways for people to claim mesothelioma compensation in Australia. They can either submit an official claim for compensation through WorkCover or file an application to the court. In general, the courts give more compensation than the statutory claims.

Davey & Co's mesothelioma attorneys can assist patients with mesothelioma receive compensation. They have experience with asbestos compensation claims both for primary and secondary exposure. They can assist those with compensation claims, and help them find medical specialists. They can also assist in connecting individuals to mesothelioma support groups.

Mesothelioma is most often associated with asbestos exposure in homes and workplaces. The people at the risk of exposure are construction workers, miners and other people who worked in asbestos factories or mines. It is also possible to get asbestos by reusing clothing or other products. Those at risk of mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will enable researchers to design policies that protect against asbestos exposure.

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