Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung liner) or the peritoneum. It is most often caused by exposure to asbestos.
There are many states that have compensation plans for victims. A mesothelioma lawyer will help you navigate the legal process of filing a legal claim under the statute of limitations. You could be able to make a common law claim, which could result in a higher amount of 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 was a key 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 a State funeral was held in NSW for his funeral in NSW. At the time of his passing, he was suffering from the terminal mesothelioma and 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 sufferers. His passion, articulacy and determination made him a national figure and an advocate for asbestos patients.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job and he was diagnosed with asbestosis and later mesothelioma. His brother Ted passed away from mesothelioma. One of his children has a debilitating form of the disease.
The new law was named in honor of his memory was able to remove a limitation that prevented people who suffered from other forms asbestos exposure from suing for compensation. In the past, victims could only sue to receive compensation if they'd been exposed to asbestos in their work.
Since the introduction the Bernie Banton Law a number of laws have been changed to increase the rights of asbestos victims and their families. In Victoria asbestos exposure could be a result of non-work activities, such as exposure to secondhand asbestos or environmental contamination.
The new laws extend asbestos victims the right to seek damages for loss of income, pain, suffering, and impairment to their the quality of life. Compensation is also available for a range of costs, including transport to the hospital or medical facility, as well as equipment for rehabilitation. In certain cases, the lump sum can be used to pay for funeral expenses.
The Wrongs Act
Those diagnosed with mesothelioma or other asbestos-related diseases are entitled to compensation. The amount of compensation is contingent on the severity of the injuries and the loss. Damages can be classified into two types of damages: non-economic and economic. 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 the other hand, are essentially damages such as pain and suffering as well as the loss of enjoyment.
Many states and territories provide mesothelioma compensation programs through government cases. Patients suffering from asbestos-related ailments can make a common law claim. In order to pursue a common law claim it is important to contact an experienced lawyer to ensure the claim is handled properly.
An experienced mesothelioma compensation lawyer will be able to inform you on your options, including the statutory compensation schemes as well as pursuing an action under the common law. They can also assist you to collect the evidence you need to support your claim. This includes statements from your coworkers medical reports, workmate statements and 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. By doing this you can prove the existence of your exposure and potentially reduce the time required to settle your claim.
It is essential to speak with mesothelioma compensation lawyers as early as you can if you or someone you care about has been exposed to asbestos. It is essential to be aware that mesothelioma may be a complicated disease, and it may take years before victims get the compensation they deserve.
Presently, people diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is to ensure that those who have been injured due to the negligence of other people are properly compensated. This includes ensuring claimants receive adequate compensation for their lost income, their pain and suffering 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 abdomen and lungs (peritoneum) is caused by exposure to asbestos. Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are lung-related and affect the lungs. Mesothelioma can also affect the chest wall and peritoneum. In both cases the lining of the chest wall becomes thicker than cigarette paper to form a hard tumor about the size of an oblique. 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 ensure future asbestos compensation claims. The executives assured the public the fund would be able to pay all genuine asbestos-related compensation claims. The company then relocated their head office and incorporation legal from the Netherlands to the Netherlands, claiming the move was for tax reasons.
The fund was discovered to be grossly underfunded despite the funds. By mesothelioma death compensation of 2003, it was obvious that the fund didn't have enough money to pay all the compensation due to asbestos-related victims.
This triggered 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 over 30 years. He was diagnosed with asbestos-related illnesses.
In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a legal contract that would pay for asbestos-related ailments through James Hardie's special purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings which they believed would deliver 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 paid out more than $2 billion to asbestos victims. A portion of the money was used to fund mesothelioma research, including clinical trial trials for new treatments. People who have suffered from mesothelioma and other asbestos-related diseases should think about seeking legal guidance on how to claim compensation.
Clinical Trials
Mesothelioma is a cancer that affects the mesothelium, which is a thin layer of tissue surrounding many organs in the body. It is usually caused by exposure to asbestos fibres which cause inflammation of the mesothelium. There are many types of mesothelioma. The most frequent is pleural, which affects the lung lining as well as the chest cavity. Other types include pericardial and the peritoneal.
Despite the fact that asbestos is no longer in use mesothelioma is still a problem in Australia due to its long latency. It can take decades before people begin to show symptoms of mesothelioma. If the symptoms are discovered at an early stage, they can be treated by 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. The amount of compensation is contingent on the type of mesothelioma the victim is diagnosed with, the place where the diagnosis was made and how long they were exposed to asbestos.
Certain hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatment options are being developed continuously. Patients suffering from mesothelioma may inquire from their doctors about clinical trials.
There are two methods 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. The courts typically award more compensation than legal claims.
The mesothelioma lawyers at Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims and help them in finding medical professionals. They can also connect people with mesothelioma support groups.
Mesothelioma is most often caused by asbestos exposure in workplaces and homes. People at the risk of exposure are 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 consider providing details to the Australian Mesothelioma Registry. This will assist researchers in developing policies to prevent asbestos exposure in future.