Mesothelioma is a malignant cancer of the pleura (lung lining) or peritoneum. It is almost exclusively caused by exposure to asbestos.
There are many states that have compensation plans for victims. An attorney for mesothelioma can help you navigate the legal claim. You might also be eligible to file a common law lawsuit that could result in greater 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, a dislike of authority and enthusiasm for social justice made him a fervent Australian crusader. He died in 2007 of mesothelioma peritoneal.
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. mesothelioma compensation for family members was fighting for a long time with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy and passion made him a national celebrity and he was recognized as an advocate for asbestos sufferers.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the late 1960s to early 1970s. He was diagnosed with mesothelioma and asbestosis, like many other workers of the time. His older brother Ted also died of mesothelioma, and one of his children has a fatal form of the disease.
The new law was named in honor of his memory was able to remove a limitation 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 enactment of the Bernie Banton Law a number of laws have been changed to enhance the rights for asbestos victims and their families. In Victoria, people can now claim mesothelioma compensation in the event that they were exposed to asbestos by non-work-related activities, such as exposure through secondhand sources and environmental contamination.
The new laws also expand the rights of asbestos-related victims to seek damages for loss of income or pain and suffering and impairment to their quality of life. Compensation is also available for a range of expenses, such as travel to the hospital or medical facility, as well as equipment for rehabilitation. In some cases the lump sum may be used to pay for funeral expenses.
The Wrongs Act
Those diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation varies on the severity of the injuries and the loss. Damages can be divided into two types that are economic and noneconomic. Economic damages are those that can be quantified in concrete terms like medical expenses, treatment costs, and lost income. Non-economic damages on the other hand, are essentially damages such as pain and suffering as well as the loss of enjoyment of life.
Many states and territories have compensation schemes for government that apply to mesothelioma claims. Anyone suffering from asbestos-related ailments can bring a lawsuit under the common law. In order to pursue a common law claim, it's important to contact an experienced lawyer to ensure that the claim is handled correctly.
A mesothelioma lawyer with expertise will be able to provide you with all possible options, including statutory compensation schemes or pursuing an action under common law. They can also aid you in gathering the evidence necessary to support your claim. Included in this are statements from your coworkers, medical reports and other documents that may strengthen your claim.
You can record your exposure, no matter how recent or old chemical silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so you can prove the extent of your exposure, and possibly reduce the time required to settle your claim.
It is crucial to talk with a mesothelioma compensation lawyer as quickly as you can when you or someone you love is exposed to asbestos. It is important to know that mesothelioma can be a complex illness and it can take years for victims to receive the compensation they deserve.
Today, those who have been diagnosed with mesothelioma or other asbestos-related diseases are subject to the Wrongs Act which requires them to undergo a thorough assessment of their injuries. This is intended to ensure that people who are injured due to the negligence of others are properly compensated for their injuries. This includes ensuring that claimants get the right amount of compensation for their lost income, pain and suffering, 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 like the lung (pleura) and abdomen (peritoneum). It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are pleural and affect the lung. However, mesothelioma can affect the peritoneum and chest wall. In both cases the lining gets thicker than cigarette papers to form a hard tumor about the size of a fist. The symptoms of mesothelioma rarely show up until a long time after the initial exposure to asbestos.
James Hardie Industries Ltd., a company that produces James Hardie siding, established the Medical Research and Compensation Foundation in 2001 with $293 million to cover future asbestos compensation claims. Executives assured the public the fund would be able to cover all legitimate asbestos-related claims. The company later moved its headquarters and incorporation process to the Netherlands, claiming it was for tax reasons.
The fund was discovered to be severely underfunded despite the funds. At the end of 2003, it became obvious that the fund didn't have enough funds to pay for all compensation due to asbestos victims.
This led to a huge trade union campaign and former James Hardie employees to pressure the company to pay the compensation shortfall that was expected. One of the most prominent participants in this campaign was Bernie Banton, a former construction worker who 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 that established the Asbestos Injuries Compensation Fund. This included a special legal agreement to pay compensation to victims of asbestos-related illnesses with payments from a special purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in an acceptable tax result for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has granted more than $2 billion to asbestos victims. Some of the money was used to support mesothelioma cancer research, including clinical trials for the development of new treatments. If you have suffered from asbestos-related diseases such as mesothelioma it is worth seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that is a thin layer that surrounds various organs in the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibres which inflame mesothelium. There are various types of mesothelioma. The most common kind is pleural. It affects the lining of the lungs and chest cavity. Other types include pericardial and the peritoneal.
Despite the fact asbestos is no longer used mesothelioma is still a problem in Australia because of its lengthy latency time. It can take decades for patients to experience symptoms of mesothelioma. If the symptoms are discovered at an early stage, they can be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation can help cover the cost of treatment. It can also be used to help 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 specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are being developed constantly. People who are suffering from mesothelioma should talk to their doctors about participating in clinical trials.
There are two main ways for people to claim mesothelioma compensation in Australia. They can either make an official claim for compensation through WorkCover or file an application to the court. The courts generally award higher 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, both for primary and secondary exposure. They can assist people with compensation claims and help them find medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is mostly caused by asbestos exposure in homes and workplaces. Those who are at the risk of exposure are construction workers, miners and others who worked in asbestos-contaminated factories or mine
