Why The Mesothelioma Compensation Australia Is Beneficial When COVID-19 Is In Session
Mesothelioma Compensation Australia
Mesothelioma is also referred to as malignant peritoneal or pleural tumours, is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.
Many states have compensation programs for victims. A mesothelioma lawyer will help you navigate an statutory claim. You might also be able to make a common law claim that could result in more 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 crusader 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 mesothelioma in 2007.
A State funeral was held in NSW on the 5th of December. At the time of his death, he was suffering from terminal mesothelioma. He was 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, clarity of speech and passion made him a renowned national celebrity and he was recognized as an advocate for asbestos sufferers.
He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. Like many other workers of the time, the worker inhaled asbestos dust as part of his job. he was diagnosed with asbestosis and later with mesothelioma. His brother Ted passed away from mesothelioma and one of his children has a fatal form of the disease.
The new law was named after him eliminated a rule that did not allow people who suffered from other forms asbestos exposure from seeking compensation. Prior to this, victims were only eligible for compensation if they had been exposed to asbestos in their work.
Since the enactment of the Bernie Banton Law a number of laws have been changed in order to expand the rights for asbestos victims and their families. In Victoria the victims can now claim mesothelioma-related compensation if they were exposed to asbestos in non-work-related activities such as exposure through secondhand sources and environmental contamination.
The new laws also extend the rights of asbestos-related victims to sue for damages for lost income, pain and suffering, and impairment to the quality of life. Compensation is also provided for a range of costs such as travel costs to the hospital or medical facilities, rehabilitation and equipment. In some instances the lump sum may be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to those who have been diagnosed with mesothelioma, asbestos-related diseases. The amount of compensation is contingent on the severity of the injuries and losses. Damages can be divided into two types that are economic and noneconomic. Economic damages are ones that can be measured for in terms of concrete evidence like medical expenses as well as treatment costs and lost income. Non-economic damages are intangible losses, such as suffering, pain, and loss of enjoyment living.
Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. However, those who suffer from an asbestos-related illness can also pursue a common law claim. To ensure that the claim is handled properly, it's best to contact an attorney with experience.
A mesothelioma lawyer who is experienced can advise you on all your options including legal compensation schemes, as well as an ordinary law claim. They can also aid you in gathering the evidence necessary to support your claim. Included in this are workmate statements as well as medical reports and other documents that may strengthen your claim.
You can register your exposure, however old or recent chemical, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica and chemicals by recording 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 immediately if you can. It is important to recognize that mesothelioma is a complicated disease and it can take years for victims to get the compensation they deserve.
Currently, those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo an extensive assessment of their injuries. This is to ensure that those who have been injured by the negligence or other people are compensated appropriately. This means that claimants receive sufficient compensation for their loss of income, pain and suffering, and the impact on their families.
The James Hardie Medical Research and Compensation Foundation

Mesothelioma, a deadly tumour of the linings around organs, such as the abdomen and lungs (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. In Australia, most cases of mesothelioma are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both cases the lining gets thicker than cigarette paper to form a hard tumor about the size of an oblique. The signs of mesothelioma typically do not manifest for a long time after asbestos exposure.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, created the Medical Research and Compensation Foundation in 2001, with a total of $293 million to ensure future asbestos compensation claims. The executives assured the public the foundation would pay for all genuine asbestos-related compensation claims. The company then moved their head office and legal incorporation from the Netherlands to the Netherlands, claiming that this was due to tax reasons.
However, despite the cash it was later discovered that the fund was grossly underfunded. By late 2003 it was clear that the fund wouldn't have enough funds to pay all compensation owed to asbestos victims.
This led to a massive campaign by trade unions and former James Hardie employees to ensure that 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 in November 2006, the NSW Government and James Hardie signed an agreement that created the Asbestos Injuries Compensation Fund. The agreement included a legal document to compensate asbestos-related diseases by transferring funds from James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie agreed to contribute 35 percent of the cash flow.
mesothelioma compensation fund has given more than $2 billion to asbestos-related victims. A portion of the money was used to support mesothelioma cancer research, which includes clinical trial trials for new treatments. If you have suffered from asbestos-related diseases like mesothelioma, you should consider seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer of skin around various organs in the body is caused by asbestos fibres. It is typically caused by long-term asbestos fibre exposure which causes inflammation of the mesothelium. There are many types of mesothelioma. The most popular kind is the pleural. It affects the lining in the lungs and chest cavity. Other types include pericardial and peritoneal.
Although asbestos is no longer used in Australia mesothelioma still continues to occur because of the long time of latency. It can take a long time for people to develop the symptoms of mesothelioma. 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 may be used to cover the costs of treatment. The compensation can be used to assist the family members of someone diagnosed with mesothelioma. Compensation is contingent on the type of mesothelioma, where it was diagnosed and how long the victim was exposed to asbestos.
Some hospitals in Australia are specifically geared towards 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 to their doctors about participating in clinical trials.
There are two ways that people can 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 will award more compensation than statutory claims.
The mesothelioma lawyers of Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims for primary and secondary exposure. They can assist people with compensation claims and help in locating medical specialists. They can also help connect people with mesothelioma support groups.
Mesothelioma is primarily related to asbestos exposure in workplaces and homes. Miners, construction workers and other workers in asbestos factories or mines are at risk. They can also be exposed to asbestos by using second-hand products like clothing that is contaminated. Those at risk of mesothelioma may want to consider making a submission to the Australian Mesothelioma Register. This will aid researchers in establishing guidelines to avoid asbestos exposure in future.