5 Mesothelioma Compensation Australia Projects That Work For Any Budget
Mesothelioma Compensation Australia
Mesothelioma, also known as malignant pleural tumors or peritoneal cancers is a malignant tumour of the pleura. Exposure to asbestos is the main cause.
Many states have compensation programs for victims. A mesothelioma lawyer can help you navigate the legal claim. You could be able to file a common-law claim, which could lead to a higher amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims and was the man behind the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin spirit and disdain of authority were a major part of the campaign to make James Hardie accountable for its asbestos scandal. He passed away in 2007 from mesothelioma peritoneal.
On 5 December 2007, the State Funeral was held in NSW for his funeral in NSW. At the time of his death, he was suffering from 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 patients. His passion, articulacy, and determination made him a national figure and a champion for asbestos sufferers.
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 debilitating form 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. Previously victims were only eligible for compensation if they had been exposed to asbestos while at work.
Since mesothelioma death compensation of the Bernie Banton Law a number of laws have been changed to increase the rights of asbestos victims and their families. In Victoria, people can now claim for mesothelioma compensation if they were exposed to asbestos by non-work-related activities such as secondhand exposure and environmental contamination.
The new laws extend asbestos victims' rights to claim damages for loss of income, pain, suffering, and impairment to their the quality of their lives. Compensation is also available for a variety of costs, including transport to the hospital or medical facility and rehabilitation equipment. In certain cases an amount lump-sum can even cover funeral expenses.
The Wrongs Act
Compensation is available to those who have been diagnosed with mesothelioma, asbestos-related diseases. The amount of compensation varies on the severity of the 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 such as medical expenses, treatment costs and lost income. Non-economic damages are those that are not tangible like suffering, pain and loss of enjoyment of living.
Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. However, those who develop an asbestos-related condition can pursue a common law claim. In order to do so it is important to contact an experienced lawyer to ensure that the claim is properly handled.
An experienced mesothelioma compensation lawyer can advise you of all of your options which include statutory compensation schemes and pursuing a common law claim. They can also assist in obtaining the evidence you need to prove your claim. Included in this are workmate statements, medical reports and other documents that could support your claim.
You can report your exposure, no matter how old or new to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so, you can establish proof of your exposure, and possibly reduce the time it takes to settle your claim.
If you or someone you know has been exposed to asbestos, it's essential to consult a mesothelioma compensation attorney as soon as possible. It's crucial to know that mesothelioma is a complex disease and it can take many years before victims be compensated for the damages they deserve.
Patients diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an assessment of injuries. This is to ensure that those injured as a result of the negligence of other people are properly compensated. This includes ensuring that those who claim receive the appropriate compensation for the loss of income, their suffering and pain, as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma, a deadly tumour of the linings around organs like the lungs and abdomen (peritoneum) is caused by exposure to asbestos. Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are in the pleural region and affect the lungs. Mesothelioma could also affect the chest wall and peritoneum. In both cases the lining gets thicker than cigarette paper to form a hard tumor about the size of the size of a fist. The signs of mesothelioma typically do not manifest for a long time after asbestos exposure.
In 2001 James Hardie Industries Ltd set up 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 be able to pay any legitimate asbestos-related compensation claims. The company then relocated their headquarters and legal incorporation from the Netherlands to the Netherlands and claimed the move was for tax reasons.
The fund was found to be in a state of extreme underfunding despite the funds. By the end of 2003, it was clear that the fund was not able to raise enough funds to pay for all the compensation due to asbestos-related victims.
This triggered a massive campaign by trade unions and former James Hardie workers to make the company make up the compensation shortfall. Bernie Banton was a former James Hardie Industries construction worker, who had worked there for more than 30 years. He contracted asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a unique legal agreement to pay compensation to those suffering from asbestos-related diseases through a special purpose trust that is financed by James Hardie.
The Australian Taxation Office provided the Foundation with private binding rulings they believed would deliver an acceptable tax result for the fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has already granted more than $2 billion to asbestos-related victims. A portion of the money was used to fund mesothelioma cancer research, which includes clinical trials to test new treatments. If you have suffered from asbestos-related diseases like mesothelioma, you should consider seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma is a type of cancer that affects the mesothelium, which is thin layer of tissue surrounding various organs in the body. It is typically caused by exposure to asbestos fibres which inflame the mesothelium. There are different types of mesothelioma. The most common is pleural that affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.
Despite the fact that asbestos is no longer in use mesothelioma is still a problem in Australia because of its lengthy latency. 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. This compensation could help pay for the cost of treatment. It can also be used to aid the family members of a person diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, where it was diagnosed and how long the victim was exposed to asbestos.
Certain hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed every day. Patients suffering from mesothelioma should speak to their doctors about participating in clinical trials.
In Australia, there are two options to claim mesothelioma compensation. They can make a statutory claim using WorkCover, or they can submit a court case. In general, courts award more compensation than the statutory claims.
Davey & Co's mesothelioma lawyers can help those with mesothelioma to receive compensation. They have experience with asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims and help them with finding medical specialists. They can also connect patients with mesothelioma support groups.
Mesothelioma is most often related to asbestos exposure in homes and workplaces. Those who are at the risk of exposure are miners, construction workers, and others 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 mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will enable researchers to design policies that stop asbestos exposure.