Mesothelioma Compensation Australia
Mesothelioma is also known as malignant peritoneal or pleural tumours, is a malignant tumor of the pleura. Exposure to asbestos is the primary cause.
There are many states that have compensation plans for victims. A mesothelioma lawyer can help you navigate the legal claim. You may be able make a common-law claim which could result in greater amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and the person who led the legal battle against James Hardie. His larrikin attitude, disdain for authority and enthusiasm for social justice made him an ardent Australian crusader. He died of peritoneal mesothelioma in 2007.
A State funeral was held for him in NSW on 5 December 2007. At the time of his passing, 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 determination, articulacy and passion made him a national celebrity and he was recognized as an advocate for asbestos patients.
He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. Like many workers at the time he inhaled asbestos dust as a part of his job. the asbestosis diagnosis was confirmed and later mesothelioma. His older brother Ted also died of mesothelioma, and one of his children has a debilitating form of the disease.
The new law was named in his honour and also removed a clause that meant people who had suffered from other forms of asbestos exposure were not able to pursue compensation. Prior to this, victims were only eligible for compensation if they had been exposed to asbestos in their work.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified 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 through non-work related activities, including exposure through secondhand sources and environmental contamination.
The new laws also extend the rights of asbestos-related victims to seek damages for income loss or pain and suffering and impairment of the quality of life. Compensation is also available for a range of expenses such as travel costs to hospital, medical treatment and rehabilitation equipment. In some instances the lump sum may cover funeral costs.
The Wrongs Act
Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation awarded depends on the extent of the damage and loss that are suffered. Damages can be divided into two types that are economic and noneconomic. Economic damages are those which can be quantified in terms of concrete numbers such as medical expenses, treatment costs and lost income. Non-economic damages on the other hand, are intangible losses such as suffering and loss of enjoyment.
Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. Anyone suffering from asbestos-related illnesses can also file a common law lawsuit. To ensure that the claim is handled properly it is recommended to speak with an attorney with experience.
A mesothelioma attorney with expertise will be able to guide you through all of possible options, including the statutory compensation schemes or making an action under common law. They can also help you gather the necessary evidence to prove your claim. This includes statements from your coworkers medical reports, workmate statements, and any other relevant documents that could help to strengthen your case.
You can report your exposure, no matter how old or recent to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica, and chemicals by making your exposure known on the free National Asbestos, Silica, Chemicals and Fumes Register.
It is crucial to talk with an attorney for mesothelioma compensation as early as you can if you or someone you love has been exposed to asbestos. It's important to understand that mesothelioma can be a complex disease that can take years for victims to be compensated for the damages they deserve.
Presently, people diagnosed with mesothelioma and other asbestos-related diseases are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is designed to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that those who claim get the right amount of compensation for the loss of income, suffering and pain, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a cancer that can be fatal of the linings around organs such as the lungs (pleura) and abdomen (peritoneum). It is caused by exposure to asbestos. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall as well as the peritoneum. In both cases the lining of the chest wall thickens to the size of cigarettes and develops into an extremely hard tumor the size of the palm of a hand. The symptoms of mesothelioma usually don't appear for many years after 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. Executives assured the public that the fund would be able to cover all legitimate asbestos-related claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands, claiming that this was for tax reasons.
However, despite the funds it was later discovered that the fund was grossly underfunded. By late 2003 it was clear that the fund would not have enough funds to pay all compensation owed to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company meet the expected compensation gap. One of the most prominent figures 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, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a legal agreement that would compensate asbestos-related illnesses with payments from James Hardie's special purpose trust.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would lead to an an acceptable tax outcome for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has paid out more than $2 billion to asbestos victims. Some of this money has been directed to supporting mesothelioma research and clinical trials of new treatments for the disease. If you've been affected by asbestos-related illnesses like mesothelioma, it is worth seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that affects a thin layer surrounding several organs of the body, is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres which inflame mesothelium. There are many mesothelioma types. The most common type is pleural. It affects the lining of the lungs and chest cavity. Other conditions include pericardial or peritoneal.
Despite the fact asbestos is no longer used mesothelioma is still a problem in Australia due to its long latency time. Mesothelioma signs can take years to manifest. If the symptoms are caught early enough they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to pay the costs of treatment. The compensation can also be used to help the family members of a person diagnosed with mesothelioma. The amount of compensation is contingent on the kind of mesothelioma that the patient has, the location where the diagnosis was made and the length of time they were exposed to asbestos for.
Certain hospitals in Australia specialise in treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed all the time. Patients suffering from mesothelioma must talk with their doctor about taking part in a clinical trial.
There are two ways for people to claim mesothelioma compensation in Australia. They can either file an statutory compensation claim via WorkCover or file an application to the court. In general, the courts award more compensation than legal claims.
Davey & Co's mesothelioma lawyers can help those with mesothelioma get compensation. They have expertise in asbestos compensation claims, both for primary and secondary exposure. They can help people with compensation claims and help them locate medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma primarily occurs in homes and workplaces where asbestos is present. The people at risk of exposure are miners, construction workers and other people who worked in asbestos-contaminated factories or mines. They may be exposed to asbestos through second-hand products including clothing that is contaminated. Anyone who is at risk of mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will allow researchers to develop policies to protect against asbestos exposure.