Find Out What Mesothelioma Compensation Australia Tricks The Celebs Are Using

Mesothelioma Compensation Australia

Mesothelioma, also known as malignant peritoneal or pleural tumours is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.

Many states provide compensation to victims. A mesothelioma lawyer can assist you navigate a statutory claim. You may be able file a common-law claim, which could result in higher amount of compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of asbestos victims and the man who led the legal fight against James Hardie. A passionate Australian crusader for social justice, his larrikin attitude and disdain for authority were a major part of the campaign to bring the company to account for its asbestos scandal. He died of peritoneal msothelioma in 2007.

A funeral for the State was held for him in NSW on 5 December 2007. At the time of his death he was suffering from terminal mesothelioma and 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 figure and a champion for asbestos sufferers.

He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers at the time. His brother Ted also died of mesothelioma and one of his children suffers from a severe form of the disease.

The new law, named in his honor 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 to receive compensation if they'd been exposed to asbestos while at work.

Since the introduction of the Bernie Banton Law a number of laws have been changed to enhance the rights of asbestos victims and their families. In Victoria asbestos exposure can be a result of activities outside of work, such as exposure to asbestos through secondhand sources or environmental contamination.

The new laws extend asbestos victims the right to seek damages for loss of income or pain, suffering and impairment to their the quality of life. Compensation is also available for a variety of costs, including transport to the hospital or medical facility, as well as rehabilitation equipment. In some instances the lump sum could be used to pay for funeral expenses.

The Wrongs Act

Compensation is available to those diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation offered is contingent upon the severity of the losses and injuries suffered. Damages can be divided into two types that are economic and noneconomic. Economic damages are those that can be explained for in terms of concrete evidence, such as medical costs, treatment expenses and lost income. Non-economic damages, on contrary, are intangible losses such as pain and suffering, as well as loss of enjoyment.

Many states and territories have compensation programs that are affixed by the government to mesothelioma claims. Patients suffering from asbestos-related diseases can file a common law lawsuit. To ensure that the claim is properly handled it is recommended to speak with a lawyer with experience.

A mesothelioma lawyer with experience will be able guide you through all of your options, such as legal compensation schemes, or pursuing a claim under common law. They can also assist you to gather the necessary evidence to support your claim. This includes workmate statements medical reports, statements from doctors, and any other relevant documents that may help support your case.

It is crucial to remember that you can declare your exposure to asbestos, silica and chemical substances through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. You can prove your exposure to asbestos, silica and chemicals by recording your exposure on the free National Asbestos Silica Chemicals and Fumes Register.

It is essential to speak with a mesothelioma compensation lawyer as quickly as you can when you or someone you know is exposed to asbestos. It's important to understand that mesothelioma is a complex disease that can take years for victims to be compensated for the damages they deserve.

Presently, people who are diagnosed with mesothelioma as well as other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is designed to ensure that people who have been harmed by the negligence of others are adequately compensated for their injuries. This includes ensuring that those who claim receive the appropriate compensation for the loss of income, pain and suffering, 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 that surround organs such as the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are in the pleural region and affect the lung. However, mesothelioma may also affect the peritoneum as well as the chest wall. In both cases, the lining becomes thicker than cigarette paper to create a hard, swollen tumor that is 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.

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 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 headquarters and legal incorporation from the Netherlands to the Netherlands, claiming that this was for tax reasons.

The fund was found to be grossly underfunded despite the money. At the close of 2003, it was obvious that the fund didn't have enough money to pay the full the compensation due to asbestos-related victims.

This led to a huge trade union campaign and former James Hardie employees to make the company pay the shortfall in compensation that was expected. One of the main figures 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 various asbestos-related diseases.

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 trust.

The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an an acceptable tax outcome for this fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.

The fund has now given out more than $2 billion to asbestos-related victims. Some of the money was used to fund mesothelioma research, including clinical trials to test new treatments. If you've been affected by asbestos-related diseases such as mesothelioma, it is worth seeking legal advice about how to claim compensation.

Clinical Trials


Mesothelioma is a type of cancer that affects the mesothelium, which is a thin layer of tissue surrounding various organs in the body. It is usually caused by long-term exposure to asbestos fibres that inflame the mesothelium. There are many types of mesothelioma. The most popular type is pleural. It affects the lining in the lungs and chest cavity. Other types include pericardial or the peritoneal.

Despite the fact that asbestos is no longer in use mesothelioma continues to be a problem in Australia due to its lengthy latency period. Mesothelioma symptoms 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 cover treatment costs. It also provides money for the family members of the patient who has mesothelioma. Compensation is contingent on the type of mesothelioma, where it was diagnosed, and how long the victim was exposed to asbestos for.

Some hospitals in Australia have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed every day. People who are suffering from mesothelioma should speak with their doctor about taking part in a clinical trial.

In Australia, there are two options for people to claim mesothelioma compensation. You can either submit a statutory compensation claim through WorkCover or file a court complaint. In general, the courts award more compensation than legal claims.

The mesothelioma lawyers at Davey & Co can help patients with mesothelioma receive compensation. average compensation for mesothelioma claim have experience in asbestos compensation claims for both primary and secondary exposure. They can assist those with compensation claims, and help them find medical specialists. They can also help connect individuals to mesothelioma support groups.

Mesothelioma is most commonly found in workplaces and homes where asbestos is present. Those who are at risk of exposure include construction workers, miners and others who worked in asbestos mines or factories. They can be exposed to asbestos through second-hand products, such as contaminated clothing. 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.

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Pub: 09 Feb 2024 23:42 UTC
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