Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to allow service personnel with mesothelioma the option of receiving an amount in lump sum or a traditional war pension. The change was not applicable to all veterans who had been already diagnosed with mesothelioma.
This includes Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as civilian jobs. This was a huge injustice for them as well as their families.
The law has changed
Mesothelioma is a deadly, terminal cancer caused by asbestos exposure can take years to develop. It can take a long time for symptoms to manifest and once diagnosed, most sufferers will live for a minimum of only one or two years.
It is a major step forward that the Government has made the decision to change the law. Veterans who are diagnosed with mesothelioma could opt to receive a pension, or a lump sum of up to 140 000 francs. This is a more substantial amount than the typical civil award.
Before the changes, members of the armed forces diagnosed with mesothelioma had access to the War Disablement Pension. It was an income per month which was not suitable for people with serious long-term illnesses such as mesothelioma. Furthermore, it was not possible to obtain lump sum compensation under the War Pension Scheme.
After intense lobbying, and aided by the Royal British Legion, Asbestos Victims Support Group Forum and the Royal British Legion, the law was amended to give veterans of the armed forces who have been diagnosed with mesothelioma access to a lump sum up to PS140,000 in addition to the traditional War Pension. The lump sum is tax-free.
A mesothelioma diagnosis previously could have earned a war-related disability pension of up to PS32,000 in the event that the patient was unmarried or divorced. Civilians suffering from mesothelioma however could receive as much as PS600,000.000 under the government's Diffuse Mesothelioma scheme.
All members of the armed forces who have been diagnosed with mesothelioma will be eligible to select this option. The law will also apply to those who have been exposed to asbestos during their service as well as outside of it, also referred to as "dual exposure".
Mesothelioma UK is already helping former soldiers, sailors and other armed service personnel with their mesothelioma claims. We can assist them to understand the new laws and what they mean. We can also help them to find out about the best way to obtain compensation. This includes tracing companies that may be accountable for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a number of factors, such as age, life expectancy following mesothelioma as well as the amount of care needed. It is also based on the impact mesothelioma has caused on family members as well as whether or not the individual is able to continue working.
Asbestos victims should seek compensation from those responsible for their exposure to asbestos. However, for those who are unable to identify the responsible parties, a government scheme pays lump sums to those suffering of mesothelioma. The average amount is around PS144,000.
Former servicemen diagnosed with mesothelioma diffuse were able to claim a pension for war disability under the Diffuse Mesothelioma Scheme 2008 This is a monthly amount determined by the individual's age and level of disability. This is a smaller amount than the mesothelioma for civilians settlement, which can be in six figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineering between 1957 and 1964 was informed that he is entitled to a lump sum payment of PS140,000, as per the new law. He has mesothelioma - an incurable lung disease caused by asbestos exposure.
According to mesothelioma lawyers Simpson Millar, this is an incredible victory for patients with mesothelioma. The majority of Navy personnel, as well as many civilians, anchored at US ports throughout their career where they were exposed harmful asbestos fibres. This is due to the widespread use of asbestos on American ships at the time. Mesothelioma symptoms can take decades to manifest and, as a consequence, veterans are often left with limited options to seek compensation.
The Ministry of Defence confirmed that Mesothelioma patients who had not previously been awarded a war-pension, will receive up to PS140,000 in a lump-sum payment. This is a significant increase over the current amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However this new payment will be deducted from any war pensions an individual receives. Therefore, it is essential that anyone diagnosed with mesothelioma who is contemplating applying for this payment seeks advice from seasoned mesothelioma attorneys to ensure they receive the best deal.
It is a victory for the Royal British Legion
The Royal British Legion has delivered a stinging rebuke to the government over claims that it hasn't acted on its pledge to enshrine the military covenant in law. The charity has urged the minister responsible to explain why it is reneging on its commitment to veterans and has threatened to withdraw of several forums in which it cooperates with the Ministry of Defence.
Engagement of the Legion with the MoD is vital however, it needs to be more efficient to ensure the community's needs are addressed in a manner that has a positive impact on their lives. claiming compensation for mesothelioma is therefore vital that the feedback loop in forums is improved so that any issues that are consistently not being addressed are recognized and the reasons behind this are clearly explained.
As the UK's oldest and largest Armed Forces charity, the Royal British Legion is at the heart of the national network that provides support to members of the Armed Forces and their families. The Royal British Legion is the only organization to understand the challenges that confront those who served as soldiers, their widows and orphans, and their families.
Patients with mesothelioma are usually left without financial security is one of their most pressing worries. The amount of compensation available is usually not enough to cover the cost of living or medical expenses, and it is typically not feasible to get a mortgage.
Asbest was used in shipbuilding, in addition to other Naval activities. Many veterans are struggling with their health issues and the effects of their illness on their financial situation.
However, there are a number of organisations that can help in this. Mesothelioma lawyers can help secure legal compensation to be used to pay for treatment and living expenses. Additionally, mesothelioma patients can also make claims for compensation from companies who supplied them with asbestos products.
Veterans will welcome it
Navy veterans diagnosed with mesothelioma will be able to receive a lump sum of PS140,000 as the Ministry of Defence has announced. The Ministry of Defence announced that Navy veterans with mesothelioma are able to access the lump sum of PS140,000.
This news will be welcomed by the thousands of former military personnel who have been diagnosed with mesothelioma. The law has been changed to allow them to receive the same amount of compensation as civilians who have mesothelioma lawsuits.
The change was made as a result of a campaign by the Royal British Legion, and other groups. This led to the Prime Minister declaring that he would investigate the issue. The U-turn by the MoD will allow many veterans dying of illness, who could have been eligible for a war-related pension to receive a lump amount. This will give them peace of heart and the financial assistance they need to live the rest of their lives.
Asbestos is associated with mesothelioma. It can take a long time before symptoms begin to show up however even a single exposure can increase the risk of developing the disease. The vast majority of mesothelioma sufferers were exposed to asbestos at work, including in Navy shipyards. In the year 2000 the UK law was changed to permit employees who were exposed to asbestos while at work to sue their employers. However many veterans aren't aware that they may be entitled to compensation from the government.
Mesothelioma is a debilitating cancer and there aren't words to express the extent it has affected many lives. The decision by the government to tackle the unfair treatment of veterans of the military is a significant victory.
However, it's not enough to stop the suffering of mesothelioma patients as well as their families. They also need to seek compensation from the companies that supplied asbestos-related products to the military. Depending on the shipyards and bases, and ships they were employed on, veterans may be eligible to make trust fund claims against several different corporations. This can include a variety of multinational corporations that have an history of selling asbestos-related products to the US Navy and other branches of the Armed Forces.