Mesothelioma, also known as malignant peritoneal or pleural tumours is a malignant tumour of the pleura. 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 may also be in a position to file a common law claim, which can result in a higher amount of compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of victims of asbestos and the man who fought the legal battle against James Hardie. His swagger, a dislike of authority and determination to fight for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.
A State funeral was held in NSW on 5 December 2007. At the time of his death he was suffering from the terminal mesothelioma. 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 sufferers. His passion, articulacy and determination made him a national figure and an advocate for asbestos patients.
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 asbestosis and mesothelioma as were many other workers of the time. His older brother Ted also died of mesothelioma. One of his children suffers from a debilitating form of the disease.
The new law was named after him 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 working.
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 asbestos exposure could be the result of activities outside of work, such as secondhand exposure or environmental contamination.
The new laws also extend the rights of asbestos victims to seek damages for loss of income as well as pain and suffering and impairment to their the 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 instances the lump sum may even cover funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled to compensation. The amount of compensation offered is contingent upon the severity of the losses and injuries that are suffered. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are those that can be explained for in concrete terms like medical expenses or treatment expenses, as well as lost income. Non-economic losses are intangible damages that include pain, suffering, and the loss of enjoyment living.
Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. However, those who develop an asbestos-related disease can also pursue a common law claim. To ensure that the claim is properly handled, it's best to contact a lawyer with experience.
A seasoned mesothelioma compensation lawyer will be able to advise you of all of your options which include legal compensation schemes, as well as a common law claim. They can also assist you to collect the evidence you need to prove your claim. This includes workmate statements medical reports, statements from doctors and other relevant documents that may help support your case.
You can register your exposure, no matter how old or recent to chemicals, 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.
It is essential to speak with mesothelioma compensation lawyers as soon as you can if you or someone you know has been exposed asbestos. It is crucial to understand that mesothelioma is a complicated disease and it can take years before victims receive the compensation they are due.
Today, those who have been diagnosed with mesothelioma and other asbestos-related diseases 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 as a result of the negligence of other people are properly compensated. This includes ensuring that claimants receive the appropriate compensation for the 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 surrounding organs like the lungs and abdomen (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. In Australia, most mesothelioma cases are pleural and affect the lungs. Mesothelioma may also affect the chest wall and the peritoneum. In both cases, the lining becomes more dense than cigarette paper and can form a hard tumour about the size of a fist. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with $293 million to handle future asbestos compensation claims. The company's executives assured the public that the fund would be able to cover all legitimate asbestos-related claims. The company then relocated its headquarters and its legal incorporation to the Netherlands in the belief that this was done for tax reasons.
The fund was discovered to be grossly underfunded despite the money. At the close of 2003, it became obvious that the fund was not able to raise enough funds to pay for all compensation due to asbestos victims.
This led to a massive trade union campaign and former James Hardie employees to make the company pay the compensation shortfall expected. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for more than 30 years. He was diagnosed with asbestos-related illnesses.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a specific legal agreement to pay compensation to those suffering from asbestos-related diseases by transferring funds from a specific purpose trust that is financed by James Hardie.
The Australian Taxation Office provided the Foundation with private binding rulings which they believed would result in an acceptable tax result for the proposed fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has dispensed more than $2 billion to asbestos victims. Some of the money was used to fund mesothelioma cancer research, including clinical trial trials for new treatments. If you've been affected by asbestos-related diseases like mesothelioma, it is worth seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that affects a thin layer of skin around many organs of the body is caused by asbestos fibres. It is usually caused by exposure to asbestos fibers that inflame mesothelium. There are many types of mesothelioma. The most common is pleural, which affects the lung lining and chest cavity. Others are peritoneal or pericardial.
While asbestos is no longer in use in Australia mesothelioma still continues to develop because of the long latency period. Mesothelioma symptoms can take a long time to show up. However, if the symptoms are detected early enough, they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. Compensation can be used to cover the costs of treatment. The money can be used to assist the family members of someone diagnosed with mesothelioma. compensation for mesothelioma is contingent upon the kind of mesothelioma that the patient has, the location where the diagnosis was made and the length of time they were exposed to asbestos for.
Some hospitals in Australia are specialized in 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 should talk with their doctor about taking part in an clinical trial.
There are two main methods for people to claim mesothelioma compensation in Australia. They can either submit a statutory compensation claim through WorkCover or make an application to the court. The courts generally award more compensation than the statutory claims.
Davey Co's mesothelioma lawyers can assist patients with mesothelioma to receive compensation. They have expertise in asbestos compensation claims for primary and secondary exposure. They can assist those with compensation claims and help them with finding medical specialists. They can also assist in connecting individuals to mesothelioma support groups.
Mesothelioma is most commonly found in homes and workplaces where asbestos is present. Miners, construction workers and other workers in asbestos mines or factories are at risk. You can also get asbestos by reusing clothing or other prod
