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Why Mesothelioma Compensation Australia Is The Best Choice For You?
Mesothelioma Compensation Australia

Mesothelioma is also referred to as malignant pleural or peritoneal tumours, is a malignant tumor of the pleura. Exposure to asbestos is the principal cause.

Many states offer compensation for victims. A mesothelioma lawyer will help you with an lawful claim. You could also be eligible to make a common law claim that could result in a higher amount of compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004 was the face of asbestos victims and the person behind the legal fight against James Hardie. His larrikin attitude, disdain for authority, and passion for social justice made him a passionate Australian crusader. He passed away from peritoneal msothelioma in 2007.

On 5 December 2007, the State Funeral was held in NSW for him. At the time of his death, he was suffering from 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 sufferers. His passion, articulacy and determination made him a national icon and a champion for asbestos sufferers.

He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the late 1960s to early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job. it was discovered that he had asbestosis and later mesothelioma. His brother Ted was also diagnosed with mesothelioma and one of his children has a fatal form of the disease.

The new law was named in his honour and also removed a clause that meant that people who suffered from other types of asbestos exposure were unable to sue for compensation. Previously victims were only eligible to claim compensation if they had been exposed to asbestos at 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, asbestos exposure can result from non-work activities, such as secondhand exposure or environmental contamination.

The new laws also expand the rights of asbestos-related victims to sue for damages for income loss as well as pain and suffering and impairment to their the quality of life. Compensation is also available for a range of expenses including travel costs to hospitals or medical treatment, as well as rehabilitation equipment. In some instances the lump sum may be used to pay for funeral expenses.

The Wrongs Act

Patients diagnosed with mesothelioma or other asbestos-related diseases are entitled to compensation. The amount of compensation offered depends on the extent of the damage and loss that are suffered. Damages can be divided into two types that are economic and noneconomic. Economic damages are ones that can be measured in concrete terms like medical expenses or treatment expenses, as well as lost income. Non-economic losses are intangible damages, such as suffering, pain and loss of enjoyment living.

Many states and territories have mesothelioma compensation programs through government cases. However, people who develop an asbestos-related condition can 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 attorney with expertise will be able to provide you with all your options, including legal compensation schemes, or pursuing claims under common law. They can also assist you to collect the evidence you need to prove your claim. This includes workmate statements medical reports, workmate statements, and any other relevant documents that can help strengthen your case.

It is crucial to keep in mind that you are able to declare your exposure to asbestos, silica and chemical substances through the free 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 recording your exposure 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 a mesothelioma compensation attorney immediately if you can. It's important to understand that mesothelioma can be a complex disease and it can take years for patients to receive the compensation they deserve.

Those diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act, which requires to go through an assessment of injuries. This is intended to ensure that those who have suffered harm due to the negligence of others are compensated for their injuries. This includes ensuring that those who claim receive the appropriate 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 tumor of the linings that surround organs like the lungs and abdomen (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the reason. In Australia, most mesothelioma cases are pleural and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both instances the lining gets thicker to the size of cigarettes and develops into a hard, granular tumor that is the size of an hand. The signs of mesothelioma usually don't appear until many years after the initial exposure to asbestos.

James Hardie Industries Ltd., a company that produces James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 millions to pay for future asbestos compensation claims. Suggested Resource site assured the public that the fund would be able to pay all genuine asbestos-related compensation claims. The company then relocated its headquarters and its legal incorporation to the Netherlands in the belief that this was done for tax reasons.

However, despite the funds however, it was later discovered that the fund was severely underfunded. At the close of 2003, it became obvious that the fund didn't have enough money to pay 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 key participants in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years. He also developed various asbestos-related ailments.

In November 2006 in November 2006, the NSW Government and James Hardie signed an agreement that created the Asbestos Injuries Compensation Fund. This included a legal contract that would compensate asbestos-related illnesses through James Hardie's special-purpose trust.

The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an a tax-friendly outcome for this 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 money was used to support mesothelioma research, including clinical trial trials for new treatments. If you have suffered from asbestos-related diseases like mesothelioma it is worth seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that affects a thin layer of skin around 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 common kind is the pleural. It affects the lining of the chest cavity and lungs. Other types are pericardial or the peritoneal.

Although asbestos is no longer in use in Australia mesothelioma still continues to develop due to the long latency time. Mesothelioma symptoms can take a long time to manifest. However, if the signs are caught early enough, they can be treated by surgery or chemotherapy.

Asbestos victims may be eligible for compensation. This compensation can help cover the cost of treatment. The money can also be used to help the family members of a patient diagnosed with mesothelioma. Compensation depends on the type of mesothelioma, where it was discovered and how long the patient was exposed to asbestos for.

Some hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed continuously. Patients with mesothelioma can ask their doctors about clinical trials.

There are two primary ways for people to claim mesothelioma compensation in Australia. They can file a statutory claim through WorkCover, or they can make a court claim. In general, courts award more compensation than the statutory claims.

The mesothelioma attorneys at Davey & Co can help those suffering from mesothelioma get compensation. They have experience with asbestos compensation claims for primary and secondary 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 is primarily related to asbestos exposure in workplaces and homes. People at risk of exposure are construction workers, miners and other people who worked in asbestos-contaminated factories or mines. They could be exposed to asbestos by using second-hand products like clothing that is contaminated. Those at risk of mesothelioma might want to think about providing information to the Australian Mesothelioma Register. This will assist researchers in developing guidelines to avoid asbestos exposure in future.

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