Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung liner) or the peritoneum. Exposure to asbestos is the primary reason.
Many states provide compensation to victims. A mesothelioma lawyer will help you navigate an statutory claim. You might also be in a position to file a common law lawsuit that could result in greater compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims and was the person who led the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin attitude and disdain for authority was a key part of the campaign to hold the company accountable for its asbestos scandal. He passed away in 2007 from mesothelioma peritoneal.
On December 5, 2007, a State funeral was held in NSW for the deceased. At the time of his passing, he was suffering from terminal mesothelioma and he had been fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy and passion made him a household figure and he was lauded as an advocate for asbestos patients.
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 as were many other workers at the time. His older brother Ted passed away from mesothelioma. One of his children suffers from a fatal form of the disease.
The new law, named in his honor eliminated a rule that prevented people who suffered from other forms asbestos exposure from suing for compensation. Prior to this, victims could only receive compensation if they were exposed to asbestos while working.
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 the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos through non-work-related activities, such as exposure through secondhand sources and environmental contamination.
The new laws expand asbestos victims the right to seek damages for loss of income and suffering, and impairment to their the quality of life. Compensation is also available for a range of expenses, such as transportation to hospitals or medical facility, as well as equipment for rehabilitation. In certain cases an amount lump-sum can even be used to pay for funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related illnesses are entitled to compensation. The amount of compensation awarded depends on the extent of the injuries and losses suffered. Damages can be divided into two types: economic and noneconomic damages. Economic damages are ones that can be measured for in concrete terms, such as medical costs as well as treatment costs and lost income. Non-economic damages on the other hand, are essentially losses, such as pain and suffering and loss of enjoyment of life.
Many states and territories offer mesothelioma compensation programs through government cases. However, those who suffer from an asbestos-related illness can also pursue a common law claim. In order to do so, it's important to contact an experienced lawyer to ensure the claim is handled properly.
A mesothelioma lawyer who is experienced will be able to advise you on all your options including legal compensation schemes, as well as a common law claim. They can also aid you in gathering the evidence necessary to support your claim. This includes workmate statements medical reports, workmate statements, and any other relevant documents that may help support your case.
You can record your exposure, no matter how recent or old, to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. In doing so you can prove the existence of your exposure and potentially reduce the time required to settle your claim.
If you or someone you know has been exposed to asbestos, it's important to seek out a mesothelioma compensation attorney immediately if you can. It's crucial to know that mesothelioma can be a complex disease and it can take years for patients to be compensated for the damages they deserve.
Today, those who have been diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough injury assessment process. This is designed to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants receive the proper compensation for the loss of income, their 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 that surround organs like the abdomen and lungs (peritoneum), is caused by asbestos exposure. Exposure to asbestos is the main cause. Most cases of mesothelioma in Australia are pleural and affect the lungs. Mesothelioma could also affect the chest wall as well as the the peritoneum. In both instances the lining of the chest wall thickens to the thickness of cigarettes and develops into a hard, granular tumor that is the size of an hand. 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, founded the Medical Research and Compensation Foundation in 2001 with $293 million to cover future asbestos compensation claims. The company's executives assured the public that the fund would cover all legitimate asbestos-related claims. The company then moved its headquarters and legal incorporation to the Netherlands in the belief that this was done for tax reasons.
However, despite the money, it was later found that the fund was in fact underfunded. At the end of 2003, it was obvious that the fund didn't have enough funds to pay for all compensation due to asbestos victims.
This led to a massive trade union campaign and former James Hardie employees to force the company to pay the compensation shortfall that was expected. One of the key people in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years and developed several asbestos-related illnesses.
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 specific legal agreement to pay compensation to those suffering from asbestos-related diseases with payments from a special purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an the most tax-efficient outcome for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has paid out more than $2 billion to asbestos victims. Some of the funds have been used to fund mesothelioma research, including clinical trials into 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 is a cancerous disease that affects a thin layer surrounding several organs of the body, is caused by asbestos fibres. It is typically caused by long-term exposure to asbestos fibres which cause inflammation in the mesothelium. There are several types of mesothelioma. The most common type is pleural. It affects the lining in the chest cavity and lungs. Other types include pericardial and the peritoneal.
While asbestos is no longer in use in Australia mesothelioma still continues to develop because of the long time of latency. Mesothelioma symptoms can take years to show up. If symptoms are identified early enough, they may be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to pay treatment costs. It can also be used to help the family members of a patient diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma the victim has, the location where the diagnosis was made, and the length of time they were exposed to asbestos for.
Certain hospitals in Australia have a specialization in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created constantly. Patients suffering from mesothelioma should speak to their doctors about participating in an clinical trial.
There are two main ways that people can claim mesothelioma compensation in Australia. They can either submit an official claim for compensation through WorkCover or make a court complaint. In general, courts give more compensation than statutory claims.
Davey & Co's mesothelioma attorneys can assist patients with mesothelioma to receive compensation. They have expertise in asbestos compensation claims, both for secondary exposure and primary exposure. They can help people with compensation claims and assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is mostly caused by asbestos exposure in homes and workplaces. Those who are at risk of exposure include miners, construction workers, and other people who worked in asbestos mines or factories. Asbestos can also be ingested by reusing clothing or other products. Those who are at risk of developing mesothelioma should think about submitting details to the Australian Mesothelioma Registry. This will aid researchers in establishing policies to prevent asbestos exposure in future.