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I have dedicated my law practice for the last 25 years to the wrongfully injured and their families. The purpose of this blog is not to provide legal advice. If you need legal help you can contact me at cplacitella@cprlaw.com or visit our website at www.cprlaw.com. Thank You

Friday, December 02, 2005

At last, MPs heed a dying mother's plea

LAWS to give dying asbestos victims significantly more rights - including compensation for their children - are set to be rushed through State Parliament in the next three days following an impassioned plea by a dying mother of nine-year-old triplets.Attorney-General Michael Atkinson said yesterday Cabinet had agreed to support legislation reforms by No Pokies MLC Nick Xenophon to improve laws for asbestos victims.
The commitment came after yesterday's front-page Advertiser story of Lockleys mother Melissa Haylock, 42, who has the deadly asbestos-related cancer, mesothelioma.
Mrs Haylock urged the state's MPs to rush the legislation through Parliament this week because time was running out. Parliament is due to rise on Thursday and not sit again until after the March state election.
As well as allowing children to be compensated under their parents' claims, Mr Xenophon's Dust Diseases Bill, introduced to Parliament three weeks ago, would also fast-track claims and bring damages payouts in line with other states.
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Mrs Haylock - who was diagnosed with mesothelioma 11 months ago - has a compensation claim for damages in the Supreme Court but, unless the law is changed, her children will not be compensated for the loss of her services when she dies.
She wants assurance that her children will be compensated so that her husband Garry, 45, a fireman who often works nightshifts, can take care of them without having to give up work.
Mr Atkinson said the Government had drafted its own version of Mr Xenophon's Bill to introduce the reforms, claiming Mr Xenophon's Bill "would not have worked" in its original form. "We're making every endeavour to have these reforms passed by both houses of Parliament this week and, if needed, the time for Government business in either house will be used," Mr Atkinson said.
"It is difficult to contemplate a more deserving situation than that of Mrs Haylock and Cabinet agrees that it's just plain right for people like her to be given this special consideration."
Mrs Haylock said yesterday she was pleased to hear of the Government's support and would be "proud" if the reforms were passed in full this week.
"Our children deserve certainty and they deserve to know that they will be looked after," she said.
"We really need this law to pass this week and I'm appealing to all members of Parliament from all sides of politics to support this."
The Liberal Party yesterday reiterated its support for the reforms, but said it was still waiting to be briefed on the proposed legislation.
Opposition WorkCover spokesman Angus Redford said he was "anxious" to get legislation through this week.
Mr Xenophon said: "I just desperately want to get this law through so that Melissa and her family and other victims are covered."
Figures show the average survival time for mesothelioma sufferers is between eight and 12 months from the time of diagnosis.

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