Mesothelioma Compensation and the Royal Navy
On the 16th of December, 2015, the Ministry of Defence changed their policy to allow service members diagnosed with mesothelioma to choose whether to receive a lump sum or traditional war pension. But the decision did not apply to all veterans who had been diagnosed with the disease.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos during 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, an aggressive terminal cancer that is caused by exposure to asbestos can take a long time to develop. It can take decades for symptoms to manifest and, once diagnosed, the majority of sufferers live a lifespan of only one or two years.
The decision of the Government to amend the law is a significant step in the right direction. Veterans who are diagnosed with mesothelioma could decide to receive a pension or a lump sum of up to 140 000 francs. This is significantly more than the average civilian compensation award.
Before the changes, members of the armed forces who were diagnosed with mesothelioma had access to an War Disablement Pension. This was an income per month which was not suitable for those suffering from severe chronic diseases like 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 changed to allow veterans of the armed forces who have been diagnosed with mesothelioma the right to an amount of lump sums 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 a person for a war disability pension up to PS32,000, regardless of whether they were divorced, single or widowed. In contrast, civilians with mesothelioma may receive up to PS600,000 in the government's Diffuse Mesothelioma Scheme.
All members of the armed forces who have been diagnosed with mesothelioma will be able to opt for this option. It will also be available to those who were exposed to asbestos during their armed forces service and 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 claim. We can assist them in understanding the new laws and what they entail. We can also help clients to determine the best way to obtain compensation. This can include tracing the companies that are accountable for their exposure to asbestos.
The lump sum will be PS140,000.
The level of compensation awarded to sufferers is based on several factors, including age, the effect mesothelioma has on life expectancy and how much care is needed. The amount of compensation given to sufferers is based on various factors such as age, the impact mesothelioma has on life expectancy, and the amount of care they require.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. If they are unable to find those responsible the government scheme will pay an amount in lump sum to patients of mesothelioma. The average award is PS144,000.
In the past, ex-servicemen who were diagnosed with mesothelioma were able to receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment that is based on the person's age and the severity of their disability. This is a much smaller amount than the mesothelioma for civilians settlement, which can be in the six figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineer between 1957 and 1964 has been informed that he has the right to a lump-sum payment of PS140,000 under the new law. He suffers from mesothelioma, a debilitating lung condition that is caused by exposure to asbestos.
According to mesothelioma lawyers, Simpson Millar, this is an incredible victory for mesothelioma patients who have suffered from the disease. The majority of Navy personnel, as well as many civilians, docked at US ports throughout their careers where they were exposed harmful asbestos fibres. This is because of the extensive use of asbestos on American ships at the time. The symptoms of mesothelioma may not show up for years, leaving veterans with only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who have never received an entitlement to a war pension will now receive an amount of lump sum up to PS140,000. This is a significant increase from the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However this new payment will be deducted from any existing war pension that an individual is entitled to. This means it is crucial that anyone diagnosed with mesothelioma who is contemplating applying for this payment gets advice from experienced mesothelioma attorneys to ensure they receive the right deal.
It's a win to the Royal British Legion
The Royal British Legion has delivered a stinging rebuke to the government over claims that it has not acted on its commitment to establish the military covenant in law. The charity has asked the minister in charge to explain the reasons for reneging on its commitment to veterans and has threatened to withdraw of several 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 taken care of in a manner that makes a real difference to their lives. It is crucial to improve the feedback loops on forums to ensure that issues that are not addressed in a consistent way are identified, and the reasons for this are explained.
As the UK's oldest and largest Armed Forces charity, the Royal British Legion is at the core of an entire national network that offers assistance to members of the Armed Forces and their families. The Royal British Legion is the best organisation to understand the issues that confront those who served as their widows or orphans, and their families.
One of the biggest issues for mesothelioma patients is that they're often left without financial security as a result of their illness. The compensation that is available is usually not enough to cover the costs of treatment or living expenses, and it is typically not feasible to get a mortgage.
This is especially true for Navy veterans who have been diagnosed with mesothelioma, as asbestos was used in shipbuilding and other Naval activities. This has left many veterans struggling to cope with the symptoms of their illness and the impact on their financial position.
There are compensation mesothelioma of organizations which can help. For example, mesothelioma lawyers can help to secure legal compensation for sufferers. This can be used to pay for treatment or the essential expenses of living. In addition, mesothelioma sufferers may also file an application for compensation from companies that supplied them with asbestos products.
It will be welcomed by veterans
Navy veterans who are diagnosed with mesothelioma are eligible to receive a lump sum of PS140,000, the Ministry of Defence has announced. The Ministry of Defence has announced that Navy veterans 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 receive the same amount of compensation as civilians who have mesothelioma claims.
The change was made as a result of a campaign by the Royal British Legion, and other groups. This resulted in the Prime Minister agreeing to 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 choose lump amount. This will provide them with peace of mind and the financial assistance they require to live out the rest of their lives.
Asbestos has been linked to mesothelioma. Even though symptoms can take decades to manifest, even one exposure could increase your risk. The majority of mesothelioma sufferers were exposed to asbestos at work, including at Navy shipyards. The UK law was amended last year to permit people to sue employers if exposed to asbestos while working however, many veterans are not aware that they are able to seek compensation from the government.
Mesothelioma is a devastating disease that has impacted many lives. The decision of the government on how to deal with the unfair treatment of veterans is a huge victory.
However, it's not enough end the suffering of mesothelioma patients as well as their families. They will also have to seek compensation from the companies that supplied asbestos products to the military. Veterans may be able to file trust fund claims with several different corporations, based on the place they worked, such as bases, shipyards, and ships. This could include multinational corporations with a long track record of selling asbestos-related products to the US Navy or other branches of the military.