Mesothelioma Compensation Australia
Mesothelioma is a malignant tumour of the pleura (lung lining) or peritoneum. Exposure to asbestos is the primary reason.
Many states provide compensation to victims. A mesothelioma lawyer can help you navigate a lawful claim. You could be able to make a common law claim, which could lead to a greater amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims as well as the person behind the legal fight against James Hardie. A passionate Australian crusader for social justice, his larrikin spirit and disdain of authority was a key part of the campaign to hold the company accountable for its asbestos scandal. He died in 2007 of peritoneal mesothelioma.
A State funeral was held in NSW on the 5th of December. He was dying from mesothelioma that was terminal at the time. He was fighting for years with James Hardie in order to be able to get Alimta included in the Pharmaceutical Benefits Scheme. His determination, articulacy, and passion made him a household figure and he was lauded as an advocate for asbestos sufferers.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job. Eventually, the asbestosis diagnosis was confirmed and later with mesothelioma. His older brother Ted passed away from mesothelioma and one of his kids suffers from a severe form of the disease.
The new law was named in honor of his memory eliminated a rule that made it impossible for people who suffered other forms asbestos exposure from suing for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos while at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to increase the rights of asbestos victims and their families. In Victoria asbestos exposure could be the result of non-work related activities, like secondhand exposure or environmental contamination.
The new laws expand asbestos victims' rights to seek damages for loss of income, pain, suffering, and impairment to quality of life. Compensation is also available for a range of costs including travel costs to hospital, medical treatment and rehabilitation equipment. In certain cases the lump sum could be used to pay for funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled compensation. The amount of compensation depends on the severity of injuries and the loss. Damages can be divided into two types: economic and noneconomic damages. Economic damages are those which can be quantified in terms of concrete numbers like medical expenses, treatment costs and lost income. Non-economic losses are intangible damages that include suffering, pain and the loss of enjoyment living.
Many states and territories provide government compensation schemes for mesothelioma cases. However, those who develop an asbestos-related condition can pursue a common law claim. To ensure that the claim is dealt with properly, it's best to contact an attorney with experience.
A seasoned mesothelioma compensation lawyer will be able to advise you of all of your options which include the statutory compensation schemes as well as pursuing a common law claim. They can also assist in gathering the evidence to support your claim. Included in this are statements from your coworkers, medical reports and other documents that may strengthen your claim.
You can report your exposure, however old or new chemical, 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 needed to settle your claim.
If you or someone you know has been exposed to asbestos, it's crucial to seek out a mesothelioma compensation attorney immediately if you can. It's important to understand that mesothelioma can be a complex disease and it can take years for patients to get the compensation they deserve.
Presently, people 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 assessment of their injuries. This is to ensure that those who have been injured due to the negligence of other people are properly compensated. 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 the abdomen (peritoneum). Exposure to asbestos is the main cause. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both cases the lining gets more dense than cigarette paper and can form a hard tumor about the size of the size of a fist. Symptoms of mesothelioma don't usually show up until a long time after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with $293 million to handle future asbestos compensation claims. The executives assured the public the foundation would pay for all genuine asbestos-related compensation claims. The company then relocated their headquarters and incorporation legal from the Netherlands to the Netherlands in the belief that this was due to tax reasons.
The fund was found to be in a state of extreme underfunding despite the money. By the end of 2003, it became obvious that the fund did not have enough money to pay the full 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. Bernie Banton was a former James Hardie Industries construction worker, who had worked there 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 that created the Asbestos Injuries Compensation Fund. This included a unique legal agreement to pay compensation to victims of asbestos-related illness by transferring funds from a specific purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an the most tax-efficient outcome for this fund. James Hardie also agreed to pay 35 percent of its operating cash flow into the fund.
The fund has paid out over $2 billion to asbestos victims. Some of the money was used to support mesothelioma research, including clinical trial trials for new treatments. Those who have suffered from mesothelioma and other asbestos-related diseases should think about seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer of skin around various organs in the body, is caused by asbestos fibres. Typically, it is caused by long-term exposure to asbestos fibres which inflame the mesothelium. There are different types of mesothelioma. The most common is pleural that affects the lung lining and chest cavity. Other types include pericardial or peritoneal.
While asbestos is no longer used in Australia mesothelioma still continues to develop due to the long latency time. It can take years for patients to experience symptoms of mesothelioma. If the symptoms are discovered at an early stage, 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 also provides money for the family members of the person suffering from mesothelioma. The amount of compensation is contingent on the kind of mesothelioma victim has, where the diagnosis was made, and how long they were exposed to asbestos.
Some hospitals in Australia have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being developed constantly. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.
There are two primary ways that people can claim mesothelioma compensation in Australia. They can submit a statutory claim via WorkCover or file a court-mandated claim. The courts generally award more compensation than the statutory claims.
Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma receive compensation. They have experience with asbestos compensation claims for secondary exposure and primary exposure. They can help people with compensation claims, and help them locate medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is most commonly found in workplaces and homes where asbestos is present. Construction workers, miners and other workers in asbestos factories or mines are at risk. Asbestos can also be ingested from second-hand clothing or products. Those who are at risk of developing mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will assist researchers in developing strategies to reduce asbestos exposure in the future.