Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 to allow service personnel suffering from mesothelioma the option of receiving an amount in lump sum or a traditional war pension. The decision did not apply to all veterans already diagnosed with mesothelioma.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos while in their military service as well as in civilian jobs. This was a great injustice to them and their families.
The law has changed
Mesothelioma is a severe form of terminal cancer that is triggered by exposure to asbestos. It can take a long time for symptoms to manifest and, once diagnosed, the majority of sufferers have a life expectancy of just one or two years.
It is a significant step forward that the Government has made the decision to amend the law. From April 2016, armed forces veterans diagnosed with mesothelioma will have the option select whether to receive a pension or to take a lump sum of up to PS140,000. This is significantly more than the average civilian compensation award.
Before the changes, members of the armed forces who were diagnosed with Mesothelioma were only granted access to the War Disablement Pension. It was a monthly income which was not suitable for people with serious chronic diseases like mesothelioma. Additionally, veterans compensation for mesothelioma was not possible to obtain lump sum compensation under the War Pension Scheme.
After intensive lobbying, supported 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 diagnosed with mesothelioma to receive an amount of lump sums up to PS140,000, addition to the traditional War Pension. The lump sum will be tax-free.
Previously, a mesothelioma diagnosis was a valid reason to receive a war-related disability pension of up to PS32,000 in the event that the patient was single or divorced. Civilians with mesothelioma, on the other hand are eligible for PS600,000.000 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 known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other military personnel with their mesothelioma claims. We can assist them in understanding the new laws and what they entail. We can also help them to find out about the best method to get compensation. This could include tracing businesses that are responsible for their asbestos exposure.
The lump sum will be PS140,000
The amount of compensation given to sufferers is based on a range of factors including age, the effect mesothelioma has on the lifespan and how much care is needed. It also takes into account the impact mesothelioma's disease has caused on family members as well as whether or not the patient can continue to work.
Asbestos victims must seek compensation from those responsible for their exposure to asbestos. For those who are not able to locate the responsible party, a government-sponsored scheme pays an amount in lump sum to patients of mesothelioma. The average award is PS144,000.
Former servicemen diagnosed with diffuse mesothelioma were only eligible to claim a pension for war disability under the Diffuse Mesothelioma Scheme 2008 It is a monthly sum based on the individual's age and degree of disability. This is a much smaller amount than the mesothelioma civil settlement, which is in six figures.
Fred Minall, 74 from Northampton, who served as an engineer in the naval sector of the Royal Navy between 1957 and 1965, has now been told that he is entitled to an amount of PS140,000 in one lump sum under the new law. Mesothelioma is an incurable lung disease caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is a huge victory for patients with mesothelioma. The majority of Navy personnel, along with many civilians, anchored in US ports throughout their careers, where they were exposed to asbestos-related toxins. This is due to the widespread use of asbestos on American ships in the current. Symptoms of mesothelioma can take a long time to show up and, as a result the patients are often left with fewer options for compensation.
The Ministry of Defence has confirmed that mesothelioma patients who were not previously awarded an army pension will receive a lump sum amounting to PS140,000. This will be a significant improvement over the current amount that veterans who are not married with mesothelioma receive under the Diffuse Mesothelioma scheme.
However, this new payment will be taken from any war pension an individual receives. This means it is important that anyone diagnosed with mesothelioma and contemplating applying for this payment seeks the advice of experienced mesothelioma attorneys to ensure they get the right deal.
It is a victory for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for allegedly failing to keep its promise to legislate the military covenant. The charity has asked the minister to explain why the government isn't respecting its promise to veterans. It has also threatened to pull out of a number of forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial, but it must be more productive to ensure the community's needs are met in a way that has a positive impact on their lives. It is essential to improve the feedback loop on forums to ensure that issues that are not addressed consistently are understood and the reasons for this are made clear.
As the 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 organization to understand the challenges that confront those who served as their widows or orphans and their families.
Patients with mesothelioma are often left with no financial security is among their biggest concerns. The compensation offered is often not enough to cover the costs of treatment or living expenses, and it's often not possible to get a mortgage.
Asbest was used in shipbuilding, as well as other Naval activities. Many veterans are struggling to cope with their symptoms and the effects of their disease on their financial situation.
There are numerous organizations which can help. Mesothelioma lawyers can help secure legal compensation that can be used to treat and for essential living expenses. Mesothelioma sufferers can also claim compensation from the companies that supplied asbestos products.
Veterans will welcome it
Navy veterans diagnosed with mesothelioma can now to access an amount of PS140,000 in one lump sum according to the Ministry of Defence has announced. This will allow them to receive substantial financial aid to ease the financial burden that mesothelioma can cause their families.
Former service members who have been diagnosed with mesothelioma will welcome this news. The law has been amended so that they are paid the same amount as civilian sufferers who have a mesothelioma compensation claim.
The change is a result of the campaigning of the Royal British Legion and other groups, which led to the Prime Minister making a commitment to examine the issue. The change made by the MoD will help many dying veterans, who could have been eligible for a war pension to receive lump amount. This will provide them with the peace mind they require as well as the financial assistance they require to live the rest of their lives.
Asbestos has been linked to mesothelioma. Although symptoms can take a long time to show up, just one exposure can increase the risk. The majority of mesothelioma victims were exposed to asbestos while at work, including at Navy shipyards. In the year 2000, the UK law was amended to allow employees who were exposed to asbestos at work to sue their employers. However, many veterans are unaware that they may be eligible for compensation from the government.
Mesothelioma is a devastating disease that has impacted many lives. The government's decision on how to deal with the unfair treatment of veterans is an enormous victory.
But it's not enough to alleviate the suffering of veterans who have mesothelioma and their families. They also have to seek compensation from companies who supplied the military with asbestos products. Veterans may be able to file trust fund claims with a variety of different corporations, based on the place they worked, including shipyards, bases, and ships. 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 military.