20 Mesothelioma Compensation Australia Websites That Are Taking The Internet By Storm
Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung lining) or the peritoneum. It is almost exclusively caused by exposure to asbestos.
Many states offer compensation for victims. A mesothelioma attorney can help you navigate the legal claim. You might also be in a position to file a common law claim, which can result in more compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of victims of asbestos and was the person who led the legal fight against James Hardie. His larrikin attitude, disdain for authority and passion for social justice made him an ardent Australian crusader. He died of peritoneal msothelioma in 2007.
A State funeral was held for him in NSW on December 5, 2007. At the time of his passing, he was suffering from the terminal mesothelioma. He was engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy, and determination led him to become a national hero and a champion for asbestos patients.
He was born in Parramatta, and worked in the James Hardie Camellia factory in western Sydney during the late 1960s to early 1970s. Like many workers at the time the worker inhaled asbestos dust as a part of his job. Eventually, it was discovered that he had asbestosis and later with mesothelioma. His brother Ted passed away from mesothelioma, and one of his children has a fatal form of the disease.
The new law was named in honor of him and it removed a restriction that meant those who suffered from other types of asbestos exposure were not able to sue for compensation. In the past, victims could only sue to claim compensation if they had been exposed to asbestos at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been amended to expand the rights of asbestos victims and their families. In Victoria, people can now claim mesothelioma compensation in the event that they were exposed to asbestos by non-work-related activities such as exposure through secondhand sources and environmental contamination.
The new laws also expand the rights of asbestos-related victims to seek damages for lost income, pain and suffering, and impairment of the quality of their life. Compensation is also available for a range of expenses including travel costs to hospitals, medical treatment and rehabilitation equipment. In some instances the lump sum may cover funeral costs.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation depends on the severity of injuries and the loss. Damages can be classified into two categories of damages: non-economic and economic. Economic damages are those which can be quantified in a concrete way like medical expenses, treatment costs, and lost income. Non-economic losses are intangible damages that include suffering, pain and the loss of enjoyment living.
Many states and territories have compensation schemes for government that apply to mesothelioma claims. However, people who develop an asbestos-related condition can pursue a common law claim. In order to do so, it's important to contact an experienced lawyer to ensure that the claim is handled properly.
A seasoned mesothelioma compensation lawyer can advise you on all your options including legal compensation schemes, as well as an action under the common law. They can also assist in gathering the evidence to support your claim. This includes workmate statements medical reports, statements from doctors, and any other relevant documents that can help strengthen your case.
It is important to keep in mind that you are able to declare your exposure to asbestos, silica and chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how recent or long ago the exposure occurred. By doing this, you can establish proof of your exposure and reduce the time it takes to settle your claim.
If you or someone you know has been exposed to asbestos, it's crucial to seek advice from a qualified mesothelioma compensation solicitor as soon as possible. It is important to know that mesothelioma can be a complex illness and it could take years for victims to receive the compensation they are due.
Presently, people who are diagnosed with mesothelioma as well as other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo an extensive injury assessment process. This is to ensure that those who have been injured due to the negligence of other people are properly compensated. This means that claimants receive sufficient compensation for their loss of income, their suffering and pain, as well as the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings around organs such as the lungs (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. In Australia, most cases of mesothelioma are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and the peritoneum. In both instances the lining of the chest wall thickens to the thickness of cigarettes and forms a hard tumour the size of the palm of a hand. The symptoms of mesothelioma rarely manifest until several years after the initial exposure to asbestos.
James Hardie Industries Ltd., a company that produces James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 million to pay for future asbestos compensation claims. The executives assured the public the foundation would pay for all genuine asbestos-related compensation claims. The company later moved its headquarters and legal incorporation to the Netherlands and claimed that this was done for tax reasons.
The fund was discovered to be severely underfunded despite the money. By the end of 2003, it became obvious that the fund did not have enough money to pay all compensation due to asbestos victims.
This led to 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 had worked there for over 30 years. He contracted 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 agreement that would pay for asbestos-related ailments through James Hardie's special purpose trust.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would result in a tax-friendly outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has already granted more than $2 billion to asbestos victims. Some of this money has been used to fund mesothelioma research and clinical trials to discover new treatments for the disease. If you've suffered from asbestos-related illnesses like mesothelioma, you should consider seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that affects a thin layer of skin around various organs in the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibers that inflame the mesothelium. There are many types of mesothelioma. The most common is pleural, which affects the lining of the lungs and chest cavity. Others are peritoneal or pericardial.
Despite the fact that asbestos is no longer in use mesothelioma continues to be a problem in Australia because of its lengthy latency. Mesothelioma symptoms can take years to appear. 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 could help pay for the cost of treatment. It also provides money for the relatives of the person who has mesothelioma. The amount of compensation is contingent on the kind of mesothelioma victim has, the location where the diagnosis was made, and the length of time they were 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 treatment options are being developed every day. Patients suffering from mesothelioma may inquire from their doctors about clinical trials.
In asbestos mesothelioma compensation , there are two main methods to seek mesothelioma compensation. They can either submit an statutory compensation claim via WorkCover or make an application to the court. In general, the courts award more compensation than legal claims.
The mesothelioma lawyers of Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims, both for secondary exposure and primary exposure. They can assist people with compensation claims, and help them locate medical specialists. They can also help connect people with support groups for mesothelioma.
Mesothelioma primarily occurs in workplaces and homes where asbestos is present. The people at the risk of exposure are miners, construction workers, and other people who worked in asbestos mines or factories. It is also possible to get asbestos from second-hand clothes or products. People who are at risk of developing mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will assist researchers in developing policies to prevent asbestos exposure in future.