Mesothelioma Compensation Australia
Mesothelioma is also known as malignant pleural tumors or peritoneal cancers is a malignant tumour of the pleura. Exposure to asbestos is the primary reason.
Many states have compensation programs for victims. A mesothelioma lawyer can help you with the legal process of filing a lawful claim. You could be able to file a common-law claim, which could lead to a greater amount of compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and was the person who led the legal fight against James Hardie. His swagger, a dislike of authority and determination to fight for social justice made him an ardent Australian crusader. He died in 2007 of peritoneal mesothelioma.
A funeral for the State was held for him in NSW on December 5, 2007. He was dying from mesothelioma in its final stages at the time. He was fighting for many years with James Hardie in order to get Alimta to be included in the Pharmaceutical Benefits Scheme. His determination, clarity of speech and passion made him a household celebrity and he was recognized as an advocate for asbestos patients.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers at the time. His older brother Ted died from mesothelioma, and one of his children suffers from a severe form of the disease.
The new law was named in honor of him and also removed a clause that meant people who had suffered from other forms of asbestos exposure were unable to pursue compensation. In the past, victims could only sue to receive compensation if they'd been exposed to asbestos at work.
Since the introduction of the Bernie Banton Law a number of laws have been amended in order to expand the rights for asbestos victims and their family members. In Victoria asbestos exposure could be a result of non-work activities, such as secondhand exposure or environmental contamination.
The new laws extend asbestos victims' rights to seek damages for loss of income or pain, suffering and impairment in the quality of their lives. Compensation is also available for a range of costs, including travel to the hospital, medical treatment and equipment for rehabilitation. In some cases the lump sum could be used to pay for funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related illnesses are entitled to compensation. The amount of compensation is contingent on the severity of the injuries and losses. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are ones that can be measured for in concrete terms like medical expenses as well as treatment costs and lost income. Non-economic damages are those that are not tangible that include suffering, pain, and the loss of enjoyment 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 illness can also pursue a common law claim. To ensure that the claim is properly handled it is best to talk to a lawyer with experience.
A mesothelioma attorney with experience will be able provide you with all possible options, including legal compensation schemes, or pursuing an action under common law. They can also help you collect the evidence you need to support your claim. Included in this are workmate statements, medical reports and other documents that could support your claim.
You can report your exposure, however old or new, to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing this you can prove the extent of your exposure and potentially reduce the time needed to settle your claim.
It is important to consult a mesothelioma compensation lawyer as quickly as you can when you or someone you know is exposed to asbestos. It is essential to be aware that mesothelioma is a complicated disease, and it may take years for victims to receive the compensation they are due.
Currently, those diagnosed with mesothelioma and other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is to ensure that those who have been injured due to the negligence of other people are compensated appropriately. This includes ensuring that claimants receive sufficient 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 is a fatal tumour of the linings that surround organs, such as the abdomen and the lungs (peritoneum), is caused by asbestos exposure. Exposure to asbestos is the cause. In Australia the majority of mesothelioma cases are pleural and affect the lungs. Mesothelioma may also affect the chest wall as well as the the peritoneum. In both instances the lining gets thicker to the thickness of cigarette paper and forms an extremely hard tumor the size of the palm of a hand. The signs of mesothelioma usually don't appear until many years after the initial exposure to asbestos.
In 2001 James Hardie Industries Ltd set 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 cover all legitimate asbestos-related claims. The company later moved their headquarters and incorporation legal from the Netherlands to the Netherlands in the belief that this was due to tax reasons.
The fund was found to be severely underfunded despite the money. In late 2003, it became evident that the fund wouldn't have enough funds to pay all the compensation due to asbestos victims.
This led to a massive trade union campaign and former James Hardie employees to force the company to pay the compensation shortfall expected. One of the main people in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He was diagnosed with 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 contract to compensate asbestos-related diseases through James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would result in an acceptable tax result for the proposed fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has paid out more than $2 billion to asbestos-related victims. A portion of the funds was used to fund mesothelioma cancer research, including clinical trials to test new treatments. Anyone who has been affected by mesothelioma or any other asbestos-related diseases should consider seeking legal guidance on how to seek compensation.
Clinical Trials
Mesothelioma is a cancerous disease that affects a thin layer surrounding many organs of the body, is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres for long periods of time that inflames the mesothelium. There are a variety of mesothelioma types. The most common is pleural, which affects the lung lining as well as the chest cavity. Other types include pericardial or peritoneal.
While claiming compensation for mesothelioma is not used anymore in Australia mesothelioma still continues to develop due to the long time of latency. It can take years for people to develop the symptoms of mesothelioma. If the symptoms are caught early enough, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation can help cover the cost 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 type of mesothelioma the victim has, the location where the diagnosis was made and how long they were exposed to asbestos for.
Some hospitals in Australia are specifically geared towards treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created every day. Patients suffering from mesothelioma may inquire from their doctors about clinical trials.
In Australia, there are two primary methods for people to claim compensation for mesothelioma. You can either make a statutory compensation claim through WorkCover or file an application to the court. In general, courts will award more compensation than legal claims.
The mesothelioma attorneys at Davey & Co can help those suffering from mesothelioma get compensation. They have expertise in asbestos compensation claims for primary and secondary exposure. They can assist people with compensation claims, and help them locate medical professionals. They can also help connect individuals to support groups for mesothelioma.
Mesothelioma is most often related to asbestos exposure in homes and workplaces. Miners, construction workers and others who worked in asbestos factories or mines are at risk. It is also possible to get asbestos from second-hand clothes or products. People who are at risk of mesothelioma might want to consider submitting information to the Australian Mesothelioma Register. This will aid researchers in establishing guidelines to avoid asbestos exposure in future.