Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. It is most often caused by exposure to asbestos.
Many states offer compensation to victims. An attorney for mesothelioma can assist you in navigating the statutory claim. You might also be eligible to make a common law claim that could result in more compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and the person who led the legal fight against James Hardie. His larrikin attitude, disdain for authority, and enthusiasm for social justice made him a passionate Australian crusader. He passed away in 2007 from peritoneal mesothelioma.
On December 5, 2007, a State Funeral was held in NSW for the deceased. At the time of his death, he was suffering from terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy, and determination made him a national icon and a champion for asbestos sufferers.
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, asbestos dust was inhaled as part of his job. Eventually, he was diagnosed with asbestosis and later with mesothelioma. His brother Ted died from mesothelioma, and one of his kids has a debilitating version of the disease.
The new law was named after him and also removed a clause that meant that people who suffered from other forms of asbestos exposure were not able to sue for compensation. Prior to this victims could only claim compensation if they were exposed to asbestos while at work.
Since the introduction of the Bernie Banton Law a number of laws have been amended to enhance the rights of asbestos victims and their family members. In Victoria the victims can now claim mesothelioma-related compensation if they were exposed to asbestos through non-work-related activities such as secondhand exposure and environmental contamination.
The new laws also expand asbestos victims' rights to seek damages for income loss or pain and suffering and impairment to their the quality of their life. Compensation is also provided for a range of costs like travel expenses to hospital or medical facilities, rehabilitation and equipment. In some cases the lump sum could be used to pay for funeral expenses.
The Wrongs Act
Those diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation varies on the severity of injuries and the losses. Damages are typically classified into two categories: economic and non-economic damages. Economic damages are ones that can be measured in concrete terms for example, medical costs or treatment expenses, as well as lost income. Non-economic damages are intangible losses, such as suffering, pain, and the loss of enjoyment living.
Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. Patients suffering from asbestos-related illnesses can also make a common law claim. To ensure that the claim is handled properly, it's best to contact an attorney with experience.
An experienced mesothelioma compensation lawyer can advise you on your options which include legal compensation schemes, as well as an ordinary law claim. They can also help you collect the evidence you need to prove your claim. This includes workmate statements medical reports, workmate statements, and any other relevant documents that can help strengthen your case.
You can report your exposure, no matter how old or recent, to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica and chemicals by registering your exposure on the free National Asbestos Silica Chemicals and Fumes Register.
If you or someone you know has been exposed to asbestos, it's essential to seek out a mesothelioma compensation attorney as soon as you can. It is essential to be aware that mesothelioma is an extremely complex disease and it can take years before patients receive the compensation they are due.
Currently, those 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 intended to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants get the right amount of compensation for their loss of income, pain and suffering, and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings that surround organs such as the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. In Australia, most mesothelioma cases are pleural and affect the lung. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both cases the lining gets thicker than cigarette paper to form a hard tumour about the size of the size of a fist. The signs of mesothelioma generally don't appear for many years after asbestos exposure.
In 2001 James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a sum of $293 million to handle 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 their headquarters and legal incorporation from the Netherlands to the Netherlands in the belief that this was due to tax reasons.
The fund was found to be grossly underfunded despite the funds. At the end of 2003, it became evident that the fund was not able to raise enough money to pay all compensation due to asbestos victims.
This triggered 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 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. He was diagnosed with various asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. This included a legal contract that would pay for asbestos-related ailments by transferring funds from James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would deliver an acceptable tax result for the fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has dispensed more than $2 billion to asbestos-related victims. A portion of the funds was used to support mesothelioma cancer research, including clinical trial trials for new treatments. If you've suffered from asbestos-related diseases such as mesothelioma it is worth seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that is a thin layer that surrounds various organs in the body, is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres that cause inflammation in the mesothelium. There are many types of mesothelioma. The most common type is pleural. It affects the lining in the lungs and chest cavity. Other conditions include pericardial or peritoneal.
Although asbestos is no longer in use in Australia mesothelioma is still able to occur because of the long latency period. It can take years before people begin to show symptoms of mesothelioma. However, if the symptoms are detected early enough, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation can help cover the cost of treatment. It can also be used to help the family members of a person diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was diagnosed, and how long the victim was exposed to asbestos.
Certain hospitals in Australia specialise in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are developing constantly. People who are suffering from mesothelioma must talk with their doctor about taking part in an clinical trial.
In Australia there are two main methods to seek compensation for mesothelioma. mesothelioma compensation for family members can file a statutory claim through WorkCover or file a court-mandated claim. The courts generally award higher compensation than the legal claims.
The mesothelioma lawyers at Davey & Co can help people with mesothelioma to receive compensation. They have expertise in asbestos compensation claims for secondary and primary exposure. They can assist people with compensation claims, and help them find medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is most often related to asbestos exposure in workplaces and homes. Construction workers, miners, and others who worked in asbestos mines or factories are at risk. They can also be exposed to asbestos through second-hand items, such as contaminated clothing. Those at risk of mesothelioma might want to think about submitting information to the Australian Mesothelioma Register. This will allow researchers to create policies that will prevent asbestos exposure.