Mesothelioma is a malignant tumour of the pleura (lung lining) or the peritoneum. Exposure to asbestos is the principal reason.
There are many states that have compensation plans for victims. A mesothelioma attorney can assist you in navigating the statutory claim. You may also be in a position to file a common law claim that could result in a higher amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims and was the man behind the legal fight against James Hardie. A passionate Australian crusader for social justice, his larrikin spirit and disdain of authority was the main component of the campaign to make James Hardie accountable for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.
On December 5, 2007, a State funeral was held in NSW for him. At the time of his passing, he was suffering from terminal mesothelioma. 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 patients. 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 period from the late 1960s through to the early 1970s. Like many other workers of the time, asbestos dust was inhaled as part of his job and the asbestosis diagnosis was confirmed and later mesothelioma. His brother Ted was also diagnosed with mesothelioma and one of his children has a severe form of the disease.
The new law was named in his honour and also removed a clause that meant people who had suffered from other forms of asbestos exposure were unable to sue for compensation. Prior to this, victims were only eligible for compensation if they had been exposed to asbestos at work.
Since the introduction the Bernie Banton Law a number of laws have been changed in order to expand the rights for asbestos victims and their family members. In Victoria there is a possibility to claim mesothelioma compensation in the event that they were exposed to asbestos in non-work related activities, including exposure through secondhand sources and environmental contamination.
The new laws expand asbestos victims' rights to seek damages for loss of income or pain, suffering and impairment in the quality of life. Compensation is also available for a range of costs including travel costs to hospital or medical facilities, rehabilitation and equipment. In certain cases the lump sum may be used to pay for funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled to compensation. The amount of compensation awarded is contingent on the severity of the injuries and losses that are suffered. Damages are usually classified into two categories: non-economic and economic damages. Economic damages are those that can be accounted for in concrete terms for example, medical costs as well as treatment costs and lost income. Non-economic losses are intangible damages, such as suffering, pain and loss of enjoyment of living.
Many states and territories have mesothelioma-related compensation schemes through the government. cases. Patients suffering from asbestos-related illnesses can also bring a lawsuit under the common law. To ensure that the claim is dealt with properly it is recommended to speak with an experienced lawyer.
A mesothelioma lawyer who has experience will be able advise you on all your options, including legal compensation schemes, or pursuing claims under common law. They can also assist in obtaining the evidence you need to support your claim. This includes statements from your coworkers medical reports, statements from doctors and other relevant documents that may help support your case.
You can register your exposure, however recent or old 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 registering your exposure on the free National Asbestos Silica, Chemicals and Fumes Register.
If you or someone you know has been exposed to asbestos, it's essential to consult a qualified mesothelioma compensation solicitor as soon as possible. It is important to recognize that mesothelioma is a complicated disease that can take years for victims to receive the compensation they deserve.
Presently, people diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo a thorough injury assessment process. This is to ensure that those who have been injured as a result of the negligence of other people are compensated appropriately. This means that claimants get the right amount of compensation for their loss of income, suffering and pain, as well as the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a deadly tumour of the linings surrounding organs such as the lung (pleura) and abdomen (peritoneum). Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are in the pleural region and affect the lung. However, mesothelioma can also affect the peritoneum and chest wall. In both instances the lining of the chest wall thickens to the same thickness as cigarettes and forms an extremely hard tumor that is the size of a hand. Symptoms of mesothelioma don't usually manifest until several years 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 a total of $293 million to cover future asbestos compensation claims. The executives assured the public the foundation would pay for all genuine asbestos-related compensation claims. The company later moved their headquarters and legal incorporation from the Netherlands to the Netherlands and claimed that this was for 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 money to pay all compensation due to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company pay for the anticipated compensation shortfall. 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 also developed various asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. The agreement included a legal document to compensate asbestos-related diseases with payments from James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has given out more than $2 billion to asbestos victims. compensation for mesothelioma of the money was used to fund mesothelioma cancer research, including clinical trials for the development of new treatments. Those who have suffered from mesothelioma and other asbestos-related illnesses should consider seeking legal guidance on how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that affects a thin layer of skin around several organs of the body, is caused by asbestos fibres. It is usually 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 prevalent kind is the pleural. It affects the lining in the lungs and chest cavity. Other conditions include pericardial or peritoneal.
Despite the fact that asbestos is no longer used mesothelioma continues to be a problem in Australia due to its long latency period. Mesothelioma symptoms can take a long time to manifest. If symptoms are identified early enough, they could 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 provide money for the family members of the patient with mesothelioma. Compensation depends on what kind of mesothelioma that the patient is diagnosed with, the place where the diagnosis was made, and the length of time they were exposed to asbestos for.
Certain hospitals in Australia specialise in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed all the time. Patients suffering from mesothelioma may ask their doctors about clinical trials.
There are two primary methods for people to claim mesothelioma compensation in Australia. They can submit a statutory claim via WorkCover, or they can make a court claim. In general, courts will award more compensation than the statutory claims.
The mesothelioma lawyers at Davey Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims as well as assist in locating medical specialists. They can also assist
