Mesothelioma is a malignant tumor 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. A mesothelioma lawyer will help you with the legal process of filing a lawful claim. You could also be eligible to file a common law lawsuit that 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 battle against James Hardie. His larrikin spirit, disdain for authority and passion for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.
On December 5, 2007, a State funeral was held in NSW for his funeral in NSW. At the time of his death, he was suffering from terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy and determination led him to become a national hero and a champion for asbestos patients.
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 workers at the time the worker inhaled asbestos dust as a part of his job. Eventually, he was diagnosed with asbestosis and later mesothelioma. His older brother Ted passed away from mesothelioma and one of his children suffers from a debilitating form of the disease.
The new law was named after him and also removed a clause that meant those who suffered from other forms of asbestos exposure were not able to pursue compensation. Previously victims were only eligible for compensation if they had been exposed to asbestos in their work.
Since the introduction of the Bernie Banton Law a number of laws have been changed to increase the rights for asbestos victims and their families. In Victoria, people can now claim for mesothelioma compensation if they were exposed to asbestos through non-work related activities, including exposure through secondhand sources and environmental contamination.
The new laws also extend the rights of asbestos victims to pursue damages for lost income or pain and suffering and impairment to their quality of life. Compensation is also available for a range of expenses, including transport to the hospital, medical treatment and equipment for rehabilitation. In some cases, the lump sum can cover funeral costs.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma and other asbestos-related diseases. The amount of compensation varies on the severity of the injuries and losses. Damages are usually classified into two categories: non-economic and economic damages. Economic damages are those that can be quantified in terms of concrete numbers like medical expenses, treatment costs and lost income. Non-economic damages, on the other hand, are essentially losses, such as pain and suffering as well as the loss of enjoyment of life.
Many states and territories offer government compensation schemes for mesothelioma cases. However, those who suffer from an asbestos-related disease can also pursue a common law claim. To ensure that the claim is dealt with properly it is recommended to speak with an experienced lawyer.
A mesothelioma lawyer with experience can guide you through all of your options, such as statutory compensation schemes or pursuing claims under common law. They can also assist you to gather the evidence needed to prove your claim. This includes workmate statements, medical reports and any other pertinent documents that can help strengthen your case.
It's important to keep in mind that you are able to identify your exposure to asbestos, silica, and other chemicals by registering your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure occurred. By doing so you can prove the existence of your exposure, and possibly reduce the time it takes to settle your claim.
It is crucial to talk with an attorney for mesothelioma compensation as quickly as you can when you or someone you love has been exposed to asbestos. It's important to understand that mesothelioma can be a complex disease and it can take years for victims to be compensated for the damages they deserve.
Today, those who have been who are diagnosed with mesothelioma as well as other asbestos-related diseases are subject to the Wrongs Act which requires them to go through a significant injury assessment process. 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 claimants get the right amount of compensation for their lost income, pain and suffering and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings surrounding organs, such as the abdomen and the lungs (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the reason. In Australia the majority of mesothelioma cases are pleural and affect the lung. Mesothelioma could also affect the chest wall as well as the the peritoneum. In both cases the lining gets thicker to the thickness of cigarettes and develops into a hard, granular tumor that is similar to the palm of a hand. The symptoms of mesothelioma rarely show up until a long time after the initial exposure to asbestos.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, founded the Medical Research and Compensation Foundation in 2001 with $293 millions to ensure future asbestos compensation claims. Executives assured the public that the fund would pay for all legitimate asbestos-related claims. The company then relocated its head office and incorporation process to the Netherlands, claiming this was due to tax reasons.
However, despite the funds it was later discovered that the fund was in fact underfunded. At the close of 2003, it was obvious that the fund didn't have enough funds to pay for all compensation due to asbestos victims.
This triggered a massive trade union campaign and former James Hardie employees to make the company pay the compensation shortfall that was 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 in November 2006, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a specific legal agreement that compensates victims of asbestos-related illnesses through a special purpose trust, which is funded by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in a tax-friendly outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has now paid out over $2 billion to asbestos-related victims. A portion of this money has been directed to supporting mesothelioma research and clinical trials of new treatments for the disease. People who have suffered from mesothelioma or other asbestos-related illnesses should consider seeking legal guidance on how to seek compensation.
Clinical Trials
Mesothelioma is a cancerous disease that is a thin layer that surrounds many organs of the body is caused by asbestos fibres. Typically, it is caused by exposure to asbestos fibres which cause inflammation of mesothelium. There are various types of mesothelioma. The most popular kind is the pleural. It affects the lining in the lungs and chest cavity. Other types include pericardial or the peritoneal.
Although asbestos is no longer in use in Australia mesothelioma still continues to develop due to the long latency time. It can take decades before people begin to show symptoms of mesothelioma. However, if the signs are caught early enough they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. This compensation could help pay for the cost of treatment. The money can also be used to help the family members of someone diagnosed with mesothelioma. Compensation depends on what type of mesothelioma the victim is diagnosed with, the place where the diagnosis was made and how long they were exposed to asbestos for.
Some hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatments are being developed constantly. People who are suffering from mesothelioma should speak with their doctor about taking part in a clinical trial.
In Australia, there are two primary methods to claim compensation for mesothelioma . They can file a statutory claim through WorkCover, or they can make a court claim. The courts typically award more compensation than legal claims.
Davey Co's mesothelioma attorneys can help those with mesothelioma get compensation. They have expertise in asbestos compensation claims for secondary and primary exposure. They can assist those with compensation claims and help them find medical professionals. They can also assist in connecting people to mesothelioma support groups.
Mesothelioma primarily occurs in workplaces and homes where asbestos is present. The people at risk o
