Where To Research Mesothelioma Compensation Australia Online
Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. Exposure to asbestos is the principal cause.
There are many states that have compensation plans for victims. A mesothelioma lawyer can assist you in navigating the legal claim. You could also be eligible to make a common law claim, which can result in a 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. A passionate Australian activist 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 peritoneal mesothelioma.
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 and he had been engaged in a lengthy 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 icon and a champion 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 early 1970s. Like many other workers of the time, the worker inhaled asbestos dust as a part of his job. Eventually, the asbestosis diagnosis was confirmed and later mesothelioma. His brother Ted was also diagnosed with mesothelioma. One of his children suffers from a severe form of the disease.
The new law was named in his honour and it removed a restriction that meant that people who suffered from other types of asbestos exposure were not able to pursue compensation. Prior to this, victims could only receive compensation if they were exposed to asbestos while working.
Since the enactment of the Bernie Banton Law a number of laws have been changed to increase the rights for asbestos victims and their family members. In Victoria, people can now claim mesothelioma-related compensation if they were exposed to asbestos in non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.
The new laws extend asbestos victims the right to sue for damages resulting from loss of income and suffering, and impairment in the quality of their lives. Compensation is also available for a range of expenses, such as travel to the hospital or medical facility and equipment for rehabilitation. In some instances, a lump sum can even be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to people diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation offered is contingent upon the severity of the losses and injuries that are suffered. Damages are typically classified into two categories: non-economic and economic damages. Economic damages are ones that can be measured in concrete terms for example, medical costs as well as treatment costs and lost income. Non-economic damages, on other hand, are essentially damages such as pain and suffering as well as the loss of enjoyment.
Many states and territories have compensation programs that are affixed by the government to mesothelioma claims. However, people who develop an asbestos-related disease can also pursue a common law claim. To ensure that the claim is dealt with properly it is recommended to speak with an experienced lawyer.
A mesothelioma lawyer who is experienced can advise you on all your options which include the statutory compensation schemes as well as pursuing a common law claim. They can also assist you in gathering the evidence to prove your claim. Included in this are statements from your coworkers as well as medical reports and other documents that may strengthen your claim.
It's important to keep in mind that you are able to register your exposure to asbestos, silica and chemical substances through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure occurred. By doing so, you can establish proof of your exposure and reduce the time needed to settle your claim.
If you or someone you know has been exposed to asbestos, it's essential to seek out a mesothelioma compensation attorney immediately if you can. It is important to know that mesothelioma is a complicated disease and it can take years before patients receive the compensation they deserve.
Presently, people diagnosed with mesothelioma and other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. 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 those who claim get the right amount of compensation for their loss of income, their 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 abdomen and the lungs (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. Most cases of mesothelioma in Australia are in the pleural region and affect the lung. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both instances the lining gets thicker to the same thickness as cigarettes and forms a hard, granular tumor that is similar to an hand. Symptoms of mesothelioma don't usually manifest until several years after the initial exposure to asbestos.
James Hardie Industries Ltd. A company that makes James Hardie siding, founded the Medical Research and Compensation Foundation in 2001 with $293 million to ensure future asbestos compensation claims. Executives assured the public that the fund would pay for all legitimate asbestos-related claims. The company then relocated their head office and legal incorporation from the Netherlands to the Netherlands, claiming that this was due to tax reasons.
However, despite the money, it was later found that the fund was grossly underfunded. At the end of 2003, it became evident that the fund was not able to raise enough money to pay the full compensation due to asbestos victims.
This led to a massive campaign by trade unions and former James Hardie workers to make the company meet the expected compensation gap. One of the most prominent people in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years and developed several asbestos-related illnesses.
In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. This included a special legal agreement to pay compensation to victims of asbestos-related illnesses by transferring funds from a specific purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in the most tax-efficient outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has already paid out over $2 billion to asbestos-related victims. Some of the funds have been directed to supporting mesothelioma research and clinical trials to discover new treatments for the disease. People who have suffered from mesothelioma and other asbestos-related diseases should consider seeking legal advice on how 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 typically caused by asbestos fibre exposure for a long time that causes inflammation in the mesothelium. There are many types of mesothelioma. The most prevalent kind is pleural. It affects the lining of the chest cavity and lungs. Other conditions include pericardial or peritoneal.
While asbestos is no longer used in Australia mesothelioma still continues to develop because of the long latency period. Mesothelioma symptoms can take a long time to manifest. However, if the symptoms are detected early enough, they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. Compensation can be used to pay treatment costs. It may also provide funds for the family members of the patient who has mesothelioma. The amount of compensation is contingent on the kind of mesothelioma that the patient is diagnosed with, the place where the diagnosis was made and how long they were exposed to asbestos.
Some hospitals in Australia have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are developing constantly. Patients suffering from mesothelioma should speak to their doctors about participating in clinical trials.
There are two main ways that people can claim mesothelioma compensation in Australia. You can either submit an statutory compensation claim via WorkCover or file a court complaint. The courts typically award more compensation than the legal claims.
Davey & Co's mesothelioma attorneys can help those with mesothelioma to receive compensation. They have experience 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 assist in connecting people to mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. Those who are at risk of exposure include miners, construction workers, and others who worked in asbestos-contaminated factories or mines. They could be exposed to asbestos through second-hand products, such as contaminated clothing. People who are at risk of mesothelioma might want to consider providing information to the Australian Mesothelioma Register. This will aid researchers in establishing policies to prevent asbestos exposure in future.