Mesothelioma Compensation Australia Mesothelioma is also known as malignant pleural tumors or peritoneal cancers is a malignant tumor of the pleura. Exposure to asbestos is the principal cause. There are many states that have compensation plans for victims. A mesothelioma lawyer will help you with a legal claim under the statute of limitations. You might be able to make a common-law claim which could lead to a higher compensation. The Bernie Banton Law Bernie Banton, who died in 2004, was the face of asbestos victims and was the man behind the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin spirit and disdain for authority were a major part of the campaign to hold the company accountable for its asbestos scandal. He died of peritoneal msothelioma in 2007. A funeral for the State was held in NSW on December 5, 2007. At the time of his passing, he was suffering from the 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 determination, articulacy, and passion made him a household celebrity and he was recognized as a champion for asbestos patients. He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers of the time. His older brother Ted also died of mesothelioma, and one of his children has a debilitating form of the disease. The new law was named in honor of his memory eliminated a rule that prevented people who suffered from other forms of asbestos exposure from suing for compensation. Prior to this the victims could only seek compensation if they were exposed to asbestos at work. Since the introduction of the Bernie Banton Law, a number of other laws have been amended to expand the rights of asbestos victims and their families. In Victoria, people can now claim mesothelioma compensation in the event that they were exposed to asbestos in non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination. The new laws expand asbestos victims the right to seek damages for loss of income or pain, suffering and impairment to the quality of life. Compensation is also available for a range of costs like travel expenses to hospital, medical treatment and rehabilitation equipment. In some cases, the lump sum can 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 is contingent on the severity of injuries and the losses. Damages can be classified into two types that are economic and noneconomic. Economic damages are those which can be quantified in a concrete way like medical expenses, treatment costs and lost income. Non-economic damages are intangible losses that include suffering, pain, and loss of enjoyment living. Many states and territories have specific compensation programs that are affixed by the government to mesothelioma claims. People who suffer from asbestos-related ailments can make a common law claim. To ensure that the claim is properly handled it is best to talk to an experienced lawyer. An experienced mesothelioma compensation lawyer can advise you on all your options which include legal compensation schemes, as well as an ordinary law claim. They can also aid you in obtaining the evidence you need to prove your claim. This includes workmate statements, medical reports and any other pertinent documents that could help to strengthen your case. It is crucial to keep in mind that you are able to declare your exposure to asbestos, silica and chemicals by registering your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. In doing so you can prove the extent of your exposure and reduce the time needed to settle your claim. It is essential to speak with mesothelioma compensation lawyers as early as you can if you or someone you know has been exposed to asbestos. It's important to understand that mesothelioma is a complicated disease that can take years for victims to be compensated for the damages they deserve. People who are diagnosed with mesothelioma and other asbestos-related diseases are currently subject to the Wrongs Act, which requires to go through an assessment of injuries. This is intended to ensure that people who have been harmed by the negligence of others are adequately compensated for their injuries. This includes ensuring that claimants receive adequate compensation for their lost income, their pain and suffering and the impact on their families. The James Hardie Medical Research and Compensation Foundation Mesothelioma, a deadly tumour of the linings around organs like the abdomen and lungs (peritoneum), is caused by asbestos exposure. Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are pleural and affect the lungs. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both cases the lining gets thicker to the thickness of cigarettes and develops into a hard, granular tumor that is similar to an hand. The signs of mesothelioma generally don't appear for many years after exposure to asbestos. In 2001 James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. The executives assured the public the fund would meet all legitimate asbestos-related compensation claims. The company then moved its headquarters and legal incorporation to the Netherlands and claimed that it was for tax reasons. The fund was discovered to be severely underfunded despite the funds. At the close of 2003, it was clear that the fund was not able to raise enough funds to pay for all the compensation due to asbestos-related victims. This triggered a massive campaign by trade unions and former James Hardie workers to make the company make up the compensation shortfall. Bernie Banton was a former James Hardie Industries construction worker who worked there for more than 30 years. He contracted asbestos-related ailments. In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. This included a legal agreement that would pay for asbestos-related ailments with payments from James Hardie's special trust. The Australian Taxation Office provided the Foundation with binding and private rulings they believed would result in an acceptable tax result for the proposed fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund. The fund has paid out more than $2 billion to asbestos victims. Some of the money was used to fund mesothelioma cancer research, which includes clinical trials to test new treatments. If you've been affected by asbestos-related diseases such as mesothelioma, you should consider seeking legal advice on the best way to claim compensation. Clinical Trials Mesothelioma is a type of cancer that affects the mesothelium which is a thin layer of tissue that surrounds many organs of the body. It is usually caused by exposure to asbestos fibres which inflame mesothelium. There are different types of mesothelioma. The most popular kind is pleural. It affects the lining of the lungs and chest cavity. Others are peritoneal or pericardial. Despite the fact asbestos is no longer in use mesothelioma continues to be a problem in Australia because of its lengthy latency. It can take decades for people to develop the symptoms of mesothelioma. If the symptoms are detected early enough, they may be treated by chemotherapy or surgery. mesothelioma compensation fund may be eligible for compensation. This compensation may help to cover the costs of treatment. The money can also be used to help the family members of a person diagnosed with mesothelioma. The amount of compensation is contingent on the 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. Some hospitals in Australia have a specialization in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being created constantly. Patients suffering from mesothelioma may inquire from their doctors about clinical trials. In Australia there are two main methods to seek compensation for mesothelioma. You can either submit a statutory compensation claim through WorkCover or make a court complaint. The courts generally award more compensation than claims made by the statutory authorities. The mesothelioma attorneys at Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims, both for secondary and primary exposure. They can assist those with compensation claims and help them find medical professionals. They can also connect people with mesothelioma support groups. Mesothelioma primarily occurs in homes and workplaces where asbestos is present. People at the risk of exposure are miners, construction workers and other people who worked in asbestos mines or factories. They can also be exposed to asbestos by using second-hand products, such as clothing that is contaminated. Anyone at risk of developing mesothelioma may want to consider making a submission to the Australian Mesothelioma Register. This will aid researchers in establishing guidelines to avoid asbestos exposure in future.
mesothelioma compensation fund
