There Are Myths And Facts Behind Mesothelioma Compensation Australia
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.
There are many states that have compensation plans for victims. An attorney for mesothelioma can assist you in navigating the legal claim. You could also be in a position to file a common law lawsuit which could result in greater compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and the man who fought the legal fight against James Hardie. A passionate Australian activist for social justice, his larrikin spirit and disdain of authority was the main component of the campaign to hold the company accountable for its asbestos scandal. He died of peritoneal msothelioma in 2007.
A State funeral was held in his honor in NSW on the 5th of December. At the time of his passing, he was suffering from terminal mesothelioma. He had been fighting for a long time with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His determination, articulacy and passion made him a renowned national figure and he was lauded as a champion for asbestos sufferers.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. Like many other workers of the time, the worker inhaled asbestos dust as part of his job. Eventually, it was discovered that he had asbestosis and later with mesothelioma. His brother Ted also died of mesothelioma. One of his children suffers from a fatal 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. Prior to this victims could only claim compensation if they had been exposed to asbestos while working.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to enhance the rights of asbestos victims and their families. In Victoria the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos by non-work related activities, including secondhand exposure and environmental contamination.
The new laws extend asbestos victims' rights to sue for damages resulting from loss of income, pain, suffering, and impairment to the quality of life. Compensation is also provided for a variety of expenses such as travel costs to hospital or medical facilities, rehabilitation and equipment. In certain cases the lump sum may even be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to people diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation granted depends on the extent of the injuries and losses suffered. Damages are generally divided into two categories: economic and non-economic damages. Economic damages are those that can be explained for in terms of concrete evidence like medical expenses, treatment expenses and lost income. Non-economic losses are intangible damages that include suffering, pain, and loss of enjoyment living.
Many states and territories have government compensation schemes that apply to mesothelioma claims. However, people who develop an asbestos-related illness can also pursue a common law claim. In order to do so it is important to contact an experienced lawyer to ensure that the claim is handled correctly.
An experienced mesothelioma compensation lawyer will be able to advise you on your options, including the statutory compensation schemes as well as pursuing an ordinary law claim. They can also assist you in gathering the evidence to support your claim. Included in this are workmate declarations as well as medical reports and other documents that could support your claim.
It is crucial to remember that you can declare your exposure to asbestos, silica, and other chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure occurred. 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 important to consult a mesothelioma compensation attorney immediately if you can. It is crucial to understand that mesothelioma can be an extremely complex disease and it can take years before patients receive the compensation they deserve.
Those diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act, which requires that they undergo an assessment of injuries. This is to ensure that those who have been injured as a result of the negligence of other people are compensated appropriately. This includes ensuring that claimants receive the appropriate compensation for their loss of income, their pain and suffering, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings surrounding organs like the lungs and abdomen (peritoneum), is caused by asbestos exposure. Exposure to asbestos is the reason. Most cases of mesothelioma in Australia are pleural and affect the lungs. Mesothelioma may also affect the chest wall and the peritoneum. In both instances the lining gets thicker to the size of cigarette paper and forms a hard tumour that is the size of a hand. The symptoms of mesothelioma rarely appear until many years after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public that the fund would cover all legitimate asbestos-related claims. The company later moved their head office and legal incorporation from the Netherlands to the Netherlands and claimed that this was for tax reasons.
The fund was found to be in a state of extreme underfunding despite the funds. At the end of 2003, it became clear that the fund didn't have enough money to pay the full the compensation due to asbestos-related victims.
This triggered a massive campaign by trade unions and former James Hardie employees to ensure that the company pay for the anticipated compensation gap. One of the key people in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years. He also developed several asbestos-related illnesses.
In November 2006 In November 2006, the NSW Government and James Hardie signed an agreement that established the Asbestos Injuries Compensation Fund. The agreement included a legal document that would compensate asbestos-related illnesses with payments from James Hardie's special purpose trust.
The Australian Taxation Office provided the Foundation with private binding rulings that they believed would provide an acceptable tax outcome for the fund. James Hardie also agreed to pay 35 percent of its operating cash flow into the fund.
The fund has already granted more than $2 billion to asbestos victims. mesothelioma compensation for family members of this money has been directed to supporting mesothelioma research, which includes clinical trials to discover new treatments for the disease. 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 that surrounds many organs of the body. It is usually caused by asbestos fibre exposure for a long time that inflames the mesothelium. There are different types of mesothelioma. The most prevalent kind is pleural. It affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.
Despite the fact that asbestos is no longer used mesothelioma continues to be a problem in Australia because of its lengthy latency. Mesothelioma symptoms can take a long time to show up. If the symptoms are detected at an early stage, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to cover expenses for treatment. The compensation can also be used to aid the family members of a person diagnosed with mesothelioma. Compensation depends on the type of mesothelioma, the location it was discovered and how long the patient was exposed to asbestos.
Some hospitals in Australia have a specialization in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed every day. Patients suffering from mesothelioma must talk with their doctor about taking part in an clinical trial.
There are two primary ways that people can claim mesothelioma compensation in Australia. They can either make an statutory compensation claim via WorkCover or file an application to the court. In general, courts will award more compensation than the statutory claims.
Davey & Co's mesothelioma attorneys can help those with mesothelioma to receive compensation. They have expertise in asbestos compensation claims for secondary exposure and primary exposure. They can assist people with compensation claims as well as assist them in finding medical professionals. They can also connect patients with mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. The people at risk of exposure are miners, construction workers, and others who worked in asbestos mines or factories. You can also get asbestos from second-hand clothing or products. People who are at risk of mesothelioma should think about submitting information to the Australian Mesothelioma Registry. This will aid researchers in establishing strategies to reduce asbestos exposure in future.