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Your Family Will Be Thankful For Having This Mesothelioma Compensation Australia
Mesothelioma Compensation Australia

Mesothelioma is a malignant tumor of the pleura (lung liner) or peritoneum. Exposure to asbestos is the primary 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 higher amount of compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004 was the face of asbestos victims as well as the person behind the legal fight against James Hardie. Read Home for social justice, his larrikin attitude and disdain of authority were a major part of the campaign to hold the company accountable for its asbestos scandal. He died of peritoneal mesothelioma in 2007.

On the 5th of December 2007 the State funeral was held in NSW for him. At the time of his passing, he was suffering from terminal mesothelioma. He had been involved in a long-running battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy, and determination led him to become a national hero and an advocate for asbestos patients.

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

The new law was named in honor of his memory, removed a restriction which prevented people who suffered from other forms of asbestos exposure from suing for compensation. Prior to this, victims could only receive compensation if they had been exposed to asbestos working.

Since the introduction of the Bernie Banton Law, a number of other laws have been modified to expand the rights of asbestos victims and their families. In Victoria, asbestos exposure can be the result of activities outside of work, such as exposure to asbestos through secondhand sources or environmental contamination.

The new laws expand asbestos victims the right to sue for damages resulting from loss of income or pain, suffering and impairment to quality of life. Compensation is also available for a variety of costs, including travel to the hospital or medical facility and equipment for rehabilitation. In certain cases, a lump sum can even cover funeral expenses.

The Wrongs Act

Compensation is available to those diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation is contingent on the severity of injuries and the loss. Damages are generally divided into two categories: non-economic and economic 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 contrary, are intangible losses such as pain and suffering and loss of enjoyment.

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

A mesothelioma lawyer with experience will be able guide you through all of your options, including statutory compensation schemes or pursuing claims under common law. They can also aid you in gathering the evidence to prove your claim. Included in this are workmate declarations as well as medical reports and other documents that may strengthen your claim.

You can register your exposure, no matter how old or recent to chemicals, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. In doing so, you can establish proof of your exposure, and possibly reduce the time it takes to settle your claim.

If you or someone you know has been exposed to asbestos, it's essential to seek out a qualified mesothelioma compensation solicitor as soon as you can. It is important to recognize 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 assessment of their injuries. This is designed to ensure that people who have been harmed by the negligence of others are compensated for their injuries. This means that claimants get the right amount of compensation for their loss of income, suffering and pain, and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings around organs, such as the lungs and abdomen (peritoneum), is caused by exposure to asbestos. It is caused by exposure to asbestos. In Australia, most mesothelioma cases are pleural in nature and affect the lungs. However, mesothelioma can also affect the peritoneum and chest wall. In both instances, the lining becomes thicker than cigarette paper to form a hard tumor about the size of the size of a fist. The signs of mesothelioma typically do not manifest for a long time after exposure to asbestos.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. The executives assured the public the fund would meet all genuine asbestos-related compensation claims. The company then relocated their head office and incorporation legal from the Netherlands to the Netherlands in the belief that this was due to tax reasons.

The fund was found to be in a state of extreme underfunding despite the funds. By the end of 2003, it became evident that the fund didn't have enough money to pay all compensation due to asbestos victims.

This led to a massive campaign by trade unions and former James Hardie employees to ensure that the company meet the expected compensation gap. One of the key participants in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years and developed various asbestos-related ailments.

In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a specific legal agreement that compensates victims of asbestos-related illness through a special purpose trust funded by James Hardie.

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

The fund has granted more than $2 billion to asbestos victims. Some of the money was used to support mesothelioma cancer research, including clinical trial trials for new treatments. If you've been affected by asbestos-related diseases like mesothelioma, it is worth seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that affects a thin layer surrounding many organs of the body, is caused by asbestos fibres. It is typically caused by asbestos fibre exposure for a long time which causes inflammation of the mesothelium. There are different types of mesothelioma. The most frequent is pleural, which affects the lining of the lungs and chest cavity. Other types include pericardial and peritoneal.

Despite the fact that asbestos is no longer used mesothelioma continues to be a problem in Australia due to its lengthy latency time. Mesothelioma symptoms can take years to appear. However, if the signs are caught early enough, they can be treated by surgery or chemotherapy.

Asbestos victims may be eligible for compensation. Compensation can be used to cover the costs of treatment. It can also provide money for the relatives of the person with mesothelioma. Compensation depends on the type of mesothelioma, the location it was diagnosed, and how long the victim was exposed to asbestos for.


Some hospitals in Australia specialize in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed all the time. People who are suffering from mesothelioma must talk to their doctors about participating in a clinical trial.

In Australia there are two primary methods to claim compensation for mesothelioma. They can make a statutory claim using WorkCover, or they can make a court claim. The courts generally award higher compensation than claims made by the statutory authorities.

Davey & Company's mesothelioma attorneys can help those with mesothelioma get compensation. They have expertise in asbestos compensation claims for secondary and primary exposure. They can help people with compensation claims and help them in finding medical professionals. They can also help connect individuals to mesothelioma support groups.

Mesothelioma is primarily caused by asbestos exposure in homes and workplaces. 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 should think about submitting information to the Australian Mesothelioma Registry. This will enable researchers to create policies that will prevent asbestos exposure.

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