15 Interesting Facts About Mesothelioma Compensation Australia You Didn't Know
Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. Exposure to asbestos is the primary cause.
There are many states that have compensation plans for victims. A mesothelioma lawyer can assist you in navigating the legal claim. You might also be eligible to file a common law lawsuit, which can result in more compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and the man who led the legal battle against James Hardie. His larrikin attitude, disdain for authority, and determination to fight for social justice made him an ardent Australian crusader. He passed away in 2007 from peritoneal mesothelioma.
A State funeral was held for him in NSW on the 5th of December. At the time of his death, he was suffering from terminal mesothelioma. He had been involved in a long-running battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy, and determination made him a national icon and a champion for asbestos sufferers.
He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers of the time. His brother Ted died from mesothelioma, and one of his kids 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 forms of asbestos exposure were not able to sue for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos at work.
Since the enactment of the Bernie Banton Law a number of laws have been amended to enhance the rights for asbestos victims and their family members. In Victoria, asbestos exposure can be a result of non-work related activities, like secondhand exposure or environmental contamination.
The new laws expand asbestos victims' rights to seek damages for loss of income or pain, suffering and impairment in the quality of life. Compensation is also available for a variety of expenses, including transport to the hospital or medical facility, as well as equipment for rehabilitation. In some cases, the lump sum can be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to people diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation varies on the severity of injuries and the loss. Damages are usually classified into two categories: economic and non-economic damages. Economic damages are those that can be explained in concrete terms like medical expenses or treatment expenses, as well as lost income. Non-economic damages are intangible losses that include suffering, pain, and loss of enjoyment living.
Many states and territories have mesothelioma compensation programs through government cases. However, those who develop an asbestos-related disease can also pursue a common law claim. To ensure that the claim is dealt with properly it is best to talk to a lawyer with experience.
A mesothelioma lawyer who has experience can provide you with all your options, such as the statutory compensation schemes or making a claim under common law. They can also aid you in gathering the evidence to prove your claim. Included in this are workmate statements, medical reports and any other documents that could support your claim.
It's important to keep in mind that you can declare your exposure to asbestos, silica and chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent 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 crucial to seek advice from an experienced mesothelioma compensation lawyer as soon as you can. It's crucial to know that mesothelioma is a complicated disease and it can take years for patients to receive the compensation they deserve.
People who are diagnosed with mesothelioma and other asbestos-related illnesses are subject to the Wrongs Act, which requires to go through an injury assessment process. 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 sufficient compensation for their loss of income, suffering and pain, as well as the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings around organs like the abdomen and lungs (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the reason. In Australia, most cases of mesothelioma are pleural in nature and affect the lungs. However, mesothelioma can affect the peritoneum and chest wall. In both instances the lining gets thicker than cigarette paper to form a hard tumor about the size of the size of a fist. The symptoms of mesothelioma usually don't appear for many years after asbestos exposure.
James Hardie Industries Ltd., a company that produces James Hardie siding, founded the Medical Research and Compensation Foundation in 2001 with $293 million to pay for future asbestos compensation claims. The company's executives assured the public that the fund would meet all legitimate asbestos-related compensation claims. The company then moved their head office and incorporation legal from the Netherlands to the Netherlands and claimed that this was due to tax reasons.
The fund was discovered to be in a state of extreme underfunding despite the funds. In late 2003, it became evident that the fund wouldn't have enough funds to pay out all compensation owed to asbestos victims.
This triggered a massive trade union campaign and former James Hardie employees to pressure the company to pay the compensation shortfall expected. mesothelioma compensation claim was a former James Hardie Industries construction worker, who had worked there for over 30 years. He developed asbestos-related diseases.
In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a specific legal agreement to pay compensation to those suffering from asbestos-related diseases with payments from a special purpose trust, which is funded by James Hardie.
The Australian Taxation Office provided the Foundation with binding private rulings which they believed would provide an acceptable tax outcome for the proposed fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has granted more than $2 billion to asbestos victims. Some of the funds have been earmarked for mesothelioma research, which includes clinical trials of new treatments for the disease. If you have suffered from asbestos-related illnesses like mesothelioma, you should consider seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that affects a thin layer surrounding several organs of the body is caused by asbestos fibres. Typically, it is caused by long-term exposure to asbestos fibres that cause inflammation in the mesothelium. There are a variety of mesothelioma types. The most prevalent is pleural that affects the lining of the lungs and chest cavity. Other types include pericardial and peritoneal.
While asbestos is not used anymore in Australia mesothelioma is still able to develop due to the long latency time. It can take years before people begin to show symptoms of mesothelioma. If the symptoms are caught 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 patient 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 have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatments are being developed every day. Patients suffering from mesothelioma may ask their doctors about clinical trials.
There are two ways that people can claim mesothelioma compensation in Australia. They can submit a statutory claim via WorkCover or submit a court case. The courts generally award more compensation than claims made by the statutory authorities.
Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma receive compensation. They have expertise in asbestos compensation claims for secondary and primary exposure. They can assist people with compensation claims and assist them in finding medical specialists. They can also connect patients with mesothelioma support groups.
Mesothelioma is most often caused by asbestos exposure in workplaces and homes. Miners, construction workers, and others who worked in asbestos factories or mines are at risk. Asbestos can also be ingested by reusing clothing or other products. Anyone who is at risk of mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will enable researchers to develop policies to prevent asbestos exposure.