It's The One Mesothelioma Compensation Australia Trick Every Person Should Be Able To

Mesothelioma Compensation Australia

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

Many states have compensation schemes for victims. A mesothelioma lawyer can help you with the legal process of filing a lawful claim. You might also be eligible to file a common law lawsuit which could result in more compensation.

The Bernie Banton Law

Bernie Banton, who died in 2004 was the face of asbestos victims as well as the man behind the legal fight against James Hardie. His swagger, a dislike of authority and determination to fight for social justice made him a fervent Australian crusader. He died in 2007 of mesothelioma of the peritoneal region.

A State funeral 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 included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy, and passion made him a national persona and he was hailed as a champion for asbestos patients.

He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the latter half of the 1960s until the early 1970s. Like many workers at the time the worker inhaled asbestos dust as part of his job. Eventually, it was discovered that he had asbestosis 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 honor of his memory eliminated a rule that prevented people who suffered from other forms of asbestos exposure from suing for compensation. Prior to this victims could only claim compensation if exposed to asbestos at work.

Since the enactment of the Bernie Banton Law a number of laws have been changed to enhance the rights for asbestos victims and their family members. In Victoria the victims can now claim mesothelioma-related compensation if they were exposed to asbestos through non-work-related activities, such as secondhand exposure and environmental contamination.

The new laws also extend the rights of asbestos victims to pursue damages for income loss or pain and suffering and impairment to quality of life. Compensation is also available for a range of costs, including transport to the hospital or medical facility and equipment for rehabilitation. In some cases, a lump sum can even be used to pay for funeral expenses.

The Wrongs Act

Compensation is available to people diagnosed with mesothelioma, asbestos-related illnesses. The amount of compensation varies on the severity of the injuries and the losses. Damages can be classified into two categories of damages: non-economic and economic. Economic damages are those that can be accounted for in terms of concrete evidence for example, medical costs as well as treatment costs and lost income. Non-economic damages are those that are not tangible that include suffering, pain, and loss of enjoyment living.

Many states and territories have mesothelioma-related compensation schemes through the government. cases. However, people who develop an asbestos-related illness 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 is experienced will be able to advise you on your options including legal compensation schemes, as well as an action under the common law. They can also assist you in obtaining the evidence you need to support your claim. This includes workmate statements medical reports, workmate statements and any other pertinent documents that could help to strengthen your case.

You can report your exposure, no matter how old or recent, to chemicals, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the existence of your exposure and potentially reduce the time it takes to settle your claim.

It is important to consult a mesothelioma compensation lawyer as soon as you can if you or someone you love is exposed to asbestos. It is essential to be aware that mesothelioma is an extremely complex disease, and it may take years before patients receive the compensation they deserve.

Those diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they go through an assessment of their injuries. This is intended to ensure that those who have suffered harm due to the negligence of others are properly compensated for their injuries. This includes ensuring that those who claim receive sufficient compensation for their loss of income, their pain and suffering, and the impact on their family.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a deadly tumour of the linings surrounding organs like the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the reason. The majority of mesothelioma cases in Australia are in the pleural region and affect the lung. However, mesothelioma can affect the peritoneum as well as the chest wall. In both instances, the lining thickens to the thickness of cigarette paper and forms an extremely hard tumor the size of an hand. The signs of mesothelioma typically are not evident for a long time after asbestos exposure.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. The company's executives assured the public that the fund would meet any legitimate asbestos-related compensation claims. The company then moved their head office and legal incorporation from the Netherlands to the Netherlands in the belief that this was for tax reasons.

However, despite the funds it was later discovered that the fund was grossly underfunded. At the end of 2003, it was clear that the fund did not have enough money to pay the full compensation due to asbestos victims.

This led to a huge campaign by trade unions and former James Hardie workers to make the company pay for the anticipated compensation shortfall. 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 various asbestos-related diseases.

In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a unique legal agreement to compensate those suffering from asbestos-related diseases through a special purpose trust funded by James Hardie.

The Australian Taxation Office provided the Foundation with binding and private rulings which they believed would deliver an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has paid out more than $2 billion to asbestos-related victims. Some of the money was used to fund mesothelioma cancer research, which includes clinical trial trials for new treatments. Anyone who has suffered from mesothelioma or other asbestos-related diseases should consider seeking legal advice on how to seek compensation.

Clinical Trials

Mesothelioma, a malignant condition that is a thin layer that surrounds many organs of the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibres for long periods of time which causes inflammation of the mesothelium. There are many types of mesothelioma. The most common type is pleural. It affects the lining in the lungs and chest cavity. Other conditions include pericardial or peritoneal.

While asbestos is no longer used in Australia mesothelioma is still able to develop because of the long latency period. It can take a long time for patients to experience symptoms of mesothelioma. However, if the symptoms are caught early enough they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation may help to cover the costs of treatment. It can also be used to help the family members of a patient diagnosed with mesothelioma. Compensation depends on the type of mesothelioma, the location it was diagnosed, and how long the patient was exposed to asbestos.


Some hospitals in Australia are specialized in treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are developing constantly. People who are suffering from mesothelioma must talk with their doctor about taking part in a clinical trial.

In Australia, there are two primary methods to seek compensation for mesothelioma . They can submit a statutory claim via WorkCover or submit a court case. The courts generally award more compensation than the statutory claims.

Davey & Co's mesothelioma lawyers can help those with mesothelioma get compensation. They have experience in asbestos compensation claims, both for secondary and primary exposure. They can assist people with compensation claims and assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.

Mesothelioma is primarily associated with asbestos exposure in homes and workplaces. People at risk of exposure are miners, construction workers, and others who worked in asbestos-contaminated factories or mines. They can be exposed to asbestos through second-hand items, such as contaminated clothing. People who are at risk of developing mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will assist researchers in developing policies to prevent asbestos exposure in future.

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Pub: 10 Feb 2024 01:07 UTC
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