Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung lining) or peritoneum. Exposure to asbestos is the primary reason.
There are many states that have compensation plans for victims. A mesothelioma lawyer can assist you navigate a statutory claim. You might be able to make a common-law claim which could result in a higher compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and was the person who led the legal fight against James Hardie. His swagger, disdain for authority and enthusiasm for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.
A funeral for the State was held in NSW on the 5th of December. At the time of his death he was suffering from the terminal mesothelioma and he had been fighting for a long time with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy, and determination made him a national figure 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 latter half of the 1960s and early 1970s. Like many workers at the time he inhaled asbestos dust as a part of his job. Eventually, he was diagnosed with asbestosis and later with mesothelioma. His older brother Ted passed away from mesothelioma and one of his kids has a debilitating version of the disease.
The new law was named in honor of him and also removed a clause that meant that people who suffered from other types of asbestos exposure were not able to sue for compensation. Prior to this the victims could only seek compensation if they were exposed to asbestos working.
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 asbestos exposure can be a result of non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.
The new laws extend asbestos victims the right to sue for damages resulting from loss of income or pain, suffering and impairment in the quality of life. Compensation is also available for a range of expenses such as travel costs to hospital or medical facilities, rehabilitation and equipment. In some instances the lump sum may even 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 depends on the severity of the injuries and the losses. Damages can be divided into two types that are economic and noneconomic. Economic damages are ones that can be measured for in concrete terms like medical expenses as well as treatment costs and lost income. mesothelioma compensation amounts -economic damages are intangible losses like suffering, pain, and loss of enjoyment of living.
Many states and territories provide mesothelioma compensation programs through government cases. However, those who develop an asbestos-related illness can also pursue a common law claim. In order to pursue a common law claim, it's important to contact an experienced lawyer to ensure the claim is handled properly.
A seasoned mesothelioma compensation lawyer will be able to inform you on your options which include legal compensation schemes, as well as a common law claim. They can also help you collect the evidence you need to prove your claim. Included in this are statements from your coworkers, medical reports and any other documents that can help strengthen your claim.
It's important to remember that you can register 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 took place. In doing so you can prove the extent of your exposure and potentially reduce the time it takes to settle your claim.
It is important to consult an attorney for mesothelioma compensation as soon as you can if you or someone you love has been exposed to asbestos. It is crucial to understand that mesothelioma is a complicated disease and it could take years before patients receive the compensation they deserve.
Currently, those 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 by the negligence or other people are compensated appropriately. This means that claimants get the right amount of compensation for the loss of income, their pain and suffering, and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a deadly tumour of the linings surrounding organs such as the lung (pleura) and abdomen (peritoneum). Exposure to asbestos is the main cause. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. However, mesothelioma can affect the peritoneum and chest wall. In both instances the lining of the chest wall becomes more dense than cigarette paper and can form a hard tumour about the size of the size of a fist. The signs of mesothelioma usually don't show up until a long time 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 be able to cover all legitimate asbestos-related 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 funds. In late 2003, it became evident that the fund would not have enough funds to pay all the compensation due to asbestos victims.
This triggered a massive campaign by trade unions and former James Hardie workers to make the company pay for the anticipated compensation shortfall. Bernie Banton was a former James Hardie Industries construction worker, who had worked there for more than 30 years. He was diagnosed with asbestos-related illnesses.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a legal agreement that would pay for asbestos-related ailments through James Hardie's special trust.
The Australian Taxation Office provided the Foundation with private binding rulings that they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie also agreed to contribute 35 percent of its operating cash flow into the fund.
The fund has given more than $2 billion to asbestos victims. A portion of the funds was used to support mesothelioma cancer research, which includes clinical trials for the development of new treatments. If you've suffered from asbestos-related diseases like mesothelioma, it is worth seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma, a form of cancer, affects the mesothelium which is a thin layer of tissues that surrounds many organs of the body. Typically, it is caused by long-term exposure to asbestos fibers that cause inflammation in mesothelium. There are many types of mesothelioma. The most frequent is pleural that affects the lung lining as well as the chest cavity. Other types include pericardial or peritoneal.
Despite the fact that asbestos is no longer used, mesothelioma still occurs in Australia due to its lengthy latency. It can take a long time for people to develop the symptoms of mesothelioma. If the symptoms are detected early enough, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to cover treatment costs. It also provides money for the family members of the patient suffering from mesothelioma. Compensation depends on the type of mesothelioma, the location it was diagnosed and how long the patient was exposed to asbestos.
Some hospitals in Australia have a specialization in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are developing constantly. Patients suffering from mesothelioma must talk with their doctor about taking part in a clinical trial.
In Australia, there are two options for people to seek mesothelioma compensation. They can submit a statutory claim via WorkCover or file a court-mandated claim. In general, the courts award more compensation than legal claims.
The mesothelioma lawyers of Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims both for secondary and primary exposure. They can help people with compensation claims and assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is primarily related to asbestos exposure in workplaces and homes. Those who are at risk of exposure are miners, construction workers and other people who worked in asbestos mines or factories. Asbestos can also be ingested from second-hand clothing or products. Those at risk of mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will aid researchers in establishing strategies to reduce asbestos exposure in the future.