Mesothelioma Compensation and the Royal Navy
On 16 December 2015, the Ministry of Defence changed their policy to allow service personnel diagnosed with mesothelioma the option of choosing whether to receive an amount in one lump sum or a traditional war pension. The change was not applicable to all veterans already diagnosed with mesothelioma.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as in civilian jobs. This was a great injustice to their families and the people they loved.
The law has changed
Mesothelioma is a severe form of terminal cancer that is caused by exposure to asbestos. The symptoms can take a long time to appear and, once diagnosed with the disease sufferers are only expected to live for one or two more years.
The government's decision to alter the law is a significant step in the right direction. Veterans diagnosed with mesothelioma can decide to receive a pension or a lump sum of up to 140 000 francs. This is substantially more than the average civilian compensation award.
Before mesothelioma lawsuit compensation , veterans of the armed forces who were diagnosed with Mesothelioma were only granted access to a War Disablement Pension. This was a limited benefit that only offered a regular monthly income and was not suitable for those suffering from serious long-term illnesses such as mesothelioma. Furthermore, it was not possible to access lump sum compensation under the War Pension Scheme.
After a long-running campaign, aided by the Royal British Legion, Asbestos Victims Support Group Forum and the Royal British Legion, the law was changed to allow veterans of the armed forces diagnosed with mesothelioma the right to a lump sum up to PS140,000, in addition to the traditional War Pension. The lump sum is tax-free.
Prior to this, mesothelioma diagnosed could have qualified someone for a war disability pension up to PS32,000 regardless of whether they were divorced, single, or widowed. However, civilians who have mesothelioma can receive up to PS600,000. This is under the government's Diffuse Mesothelioma Scheme.
All veterans of the armed forces diagnosed with mesothelioma will be able to select this option. The law will also be applicable to those who have been exposed to asbestos during their military service and also outside of it, also referred to as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other military personnel with their mesothelioma claim. We can help them understand the new laws and what they entail. We can help them determine the best method to receive compensation. This could include tracing businesses who are responsible for their asbestos exposure.
The lump sum will be PS140,000.
Compensation is determined by a variety of factors, including age, life expectancy following mesothelioma as well as the amount of care needed. The amount of compensation given to sufferers is based on a range of factors, including age, the impact mesothelioma has on life expectancy and how much care they need.
Asbestos victims must seek compensation from those responsible for their exposure to asbestos. For those who are not able to locate the responsible party the government scheme will pay an amount in lump sum to patients of mesothelioma. The amount that is awarded is approximately PS144,000.
Previously, ex-servicemen diagnosed with mesothelioma would only receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payout that is based on the age of the individual and their level of disablement. But, it's considerably less than the mesothelioma settlement for civilians, which can reach six-figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineering officer between 1957 and 1964 was informed that he is entitled to a lump-sum payment of PS140,000 under the new law. He is suffering from mesothelioma, an incurable lung disease caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes that this is a huge victory for veterans with mesothelioma. The majority of Navy personnel, along with many civilians, anchored in US ports during their career which exposed them to harmful asbestos fibres. This is due to the extensive use of asbestos on American ships at this time. The symptoms of mesothelioma may take years to show up and, as a consequence the patients are often left with only a few options to seek compensation.
The Ministry of Defence has confirmed that veterans with mesothelioma who have not been previously granted a war pension will be offered an amount of lump sum up to PS140,000. This is a significant increase from the current amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However, this new payment will be taken from any existing war pension an individual receives. Therefore, it is crucial that anyone diagnosed with mesothelioma who is considering applying for this new payment seeks the advice of experienced mesothelioma attorneys to ensure they receive the best deal.
It's a win for Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for not keeping its pledge to legislate the military covenant. The charity has asked the responsible minister to explain the reason for refusing to honor its pledge to veterans and has threatened to withdraw from a variety of forums in which it cooperates with the Ministry of Defence.
The Legion's involvement with the MoD is important however, it must be more efficient in order to ensure that the community is looked after in a way that makes a real difference to their lives. It is therefore essential that the feedback loop within forums is improved so that any issues that are not being addressed are recognized and the reasons behind this are made clear.
As the country's oldest and largest Armed Forces charity, the Royal British Legion is at the heart of the national network that provides assistance to members of Armed Forces and their families. They are also the organisation that is best placed to comprehend the challenges that those who serve or have served, as well as their widows and widowers.
The fact that mesothelioma patients are usually left without financial security is one of their main concerns. The compensation available is not always enough to cover living expenses or medical costs, and mortgages are usually difficult to get.
Asbest was used in shipbuilding in addition to other Naval activities. Many veterans are struggling with the symptoms of their illness and the impact on their financial health.
There are numerous organizations that can help. For instance, mesothelioma lawyers can help to secure legal compensation for sufferers. This can be used to pay for treatment or to cover the essential expenses of living. Mesothelioma sufferers can also claim compensation from companies that supplied asbestos-containing products.
Veterans will be happy
The Ministry of Defence announced that Navy veterans with mesothelioma are able to access a lump-sum payment of PS140,000. The Ministry of Defence announced that Navy veterans who have been diagnosed with mesothelioma will be eligible to access a lump sum of PS140,000.
Former service personnel who have been diagnosed with mesothelioma are sure to appreciate this news. The law has been amended to allow them to be paid the same amount as civilian patients who have a mesothelioma compensation claim.
The change is the result of a campaign by the Royal British Legion and other groups, which resulted in the Prime Minister agreeing to look at the issue. The U-turn by the MoD will help many veterans who are dying, and could have been eligible for a war-related pension to choose lump amount. This will give them peace of heart and the financial help they need to live out the rest of their lives.
Asbestos has been linked to mesothelioma. It can take decades before symptoms begin to show up, but just one exposure can increase the risk of developing the condition. The vast majority of mesothelioma sufferers were exposed to asbestos while working, including in Navy shipyards. Last year, the UK law was amended to allow employees who were exposed to asbestos in the workplace to sue their employers. However many veterans are not aware that they could be entitled to compensation from the government.
Mesothelioma is a debilitating cancer and there aren't words to express the way it has affected many lives. The government's decision on how to handle the unfair treatment of veterans is a huge victory.
However, it's not enough to end the suffering of veterans suffering from mesothelioma as well as their families. They'll also have to seek compensation from the companies that supplied the armed forces with asbestos-based products. Veterans could file trust fund claims against a variety of different corporations, based on the place they worked, such as shipyards, bases, and ships. This can include a variety of large multinationals that have a history of selling asbestos-related products to the US Navy and other branches of the military.