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It Is Also A Guide To Mesothelioma Compensation Australia In 2023
Mesothelioma Compensation Australia

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

Many states have compensation schemes for victims. A mesothelioma lawyer can assist you with a lawful claim. You may also be in a position to make a common law claim, which can result in more compensation.

The Bernie Banton Law

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

A funeral for the State was held in his honor in NSW on the 5th of December. At manchester mesothelioma lawsuit of his death he was suffering from the terminal mesothelioma. He had been fighting for a long time with James Hardie to get the drug Alimta listed 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 at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. He was diagnosed with mesothelioma and asbestosis, like many other workers at the time. His older brother Ted passed away from 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 pursue compensation. Prior to this the victims could only seek compensation if 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 there is a possibility to claim for mesothelioma compensation if they were exposed to asbestos in non-work related activities, including exposure to asbestos through secondhand exposure or environmental contamination.

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

The Wrongs Act

Compensation is available to those who have been diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation offered depends on the extent of the injuries and losses sustained. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are those that can be quantified in terms of concrete numbers like medical expenses, treatment costs, and lost income. Non-economic damages, on other hand, are essentially losses such as suffering, as well as loss of enjoyment.

Many states and territories provide mesothelioma compensation programs through government cases. Anyone suffering from asbestos-related ailments can file a common law lawsuit. To ensure that the claim is handled properly it is recommended to speak with a lawyer with experience.


A mesothelioma attorney with expertise will be able to provide you with all your options, including the statutory compensation schemes or making claims under common law. They can also aid you in gathering the evidence to prove your claim. This includes workmate statements medical reports, statements from doctors and other relevant documents that could help to strengthen your case.

You can record your exposure, no matter how old or recent, to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the existence of your exposure and potentially reduce the time needed to settle your claim.

If you or someone you know has been exposed to asbestos, it's essential to consult an experienced mesothelioma compensation lawyer as soon as possible. It is important to know that mesothelioma can be a complicated disease and it can take years before patients get the compensation they deserve.

Patients diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an injury assessment process. This is intended to ensure that people who have suffered harm due to the negligence of others are adequately compensated for their injuries. This includes ensuring that those who claim 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 tumor of the linings around organs, such as the lungs and abdomen (peritoneum) is caused by asbestos exposure. It is caused by exposure to asbestos. Most cases of mesothelioma in Australia are lung-related and affect the lungs. Mesothelioma could also affect the chest wall as well as the peritoneum. 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 generally do not manifest for a long time after asbestos exposure.

James Hardie Industries Ltd. is a company that manufactures James Hardie siding, established the Medical Research and Compensation Foundation in 2001, with a total of $293 million to pay for future asbestos compensation claims. The company's executives assured the public that the fund would be able to pay any legitimate asbestos-related compensation claims. The company then relocated its headquarters and incorporation process to the Netherlands in the belief that this was done for tax reasons.

The fund was found to be severely underfunded despite the funds. At the end of 2003, it became clear that the fund didn't have enough funds to pay for all compensation due to asbestos victims.

This triggered a massive campaign by trade unions and former James Hardie employees to help the company meet the expected compensation shortfall. 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 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 provided the Foundation with private binding rulings which they believed would result in an acceptable tax outcome for the proposed fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has dispensed more than $2 billion to asbestos-related victims. Some of the funds have been directed to supporting mesothelioma research, which includes clinical trials to discover new treatments for the disease. If you've been affected by asbestos-related diseases like mesothelioma it is worth seeking legal advice about the best way to claim compensation.

Clinical Trials

Mesothelioma, a form of cancer, affects the mesothelium, which is thin layer of tissue surrounding various organs in the body. It is usually caused by exposure to asbestos fibres which inflame the mesothelium. There are different types of mesothelioma. The most prevalent kind is pleural. It affects the lining of the lungs and chest cavity. Other types include pericardial or peritoneal.

Although asbestos is no longer in use in Australia mesothelioma still continues to develop because of the long latency time. Mesothelioma symptoms can take a long time to show up. If the symptoms are detected early enough, they may be treated by chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation may be used to cover the costs of treatment. It also provides money for the relatives of the person with mesothelioma. Compensation is contingent on the mesothelioma type, the place it was discovered and how long the patient was exposed to asbestos for.

Certain hospitals in Australia have a specialization in treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed continuously. Patients with mesothelioma can consult their physicians about clinical trials.

In Australia there are two main methods for people to claim mesothelioma compensation. You can either make a statutory compensation claim through WorkCover or file a court complaint. The courts generally award more compensation than legal claims.

Davey & Co's mesothelioma lawyers can help those with mesothelioma to receive compensation. They have experience in asbestos compensation claims for primary and secondary exposure. They can help people with compensation claims and assist in locating medical specialists. They can also help connect people to support groups for mesothelioma.

Mesothelioma is most often found in workplaces and homes where asbestos is present. Miners, construction workers and other workers in asbestos factories or mines are at risk. You can also get asbestos by reusing clothing or other products. Those who are at risk of mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will aid researchers in establishing strategies to reduce asbestos exposure in the future.

Read More: https://www.accidentinjurylawyers.claims/mesothelioma/mesothelioma-lawsuits-compensation-options-for-victims-and-their-families/