Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 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 already diagnosed with mesothelioma.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service and in civilian jobs. This was a huge injustice for them as well as their families.
The law has been modified
Mesothelioma is a fatal and aggressive cancer caused by asbestos exposure, can take decades to manifest. The symptoms can take a long time to manifest and, once diagnosed with the disease, sufferers are expected to live for one or two more years.
The government's decision to alter the law is a major step towards. Beginning in April 2016, veterans of the armed services diagnosed with mesothelioma can choose to decide whether they want to receive their pension or to take an amount of lump sum up to PS140,000. This is a much greater amount than a typical civil award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only receive mesothelioma benefits through a War Disablement Pension. However, this only provided a regular monthly income and was not suitable for those suffering from severe chronic illnesses like mesothelioma. In addition, it was not possible to receive lump sum compensation under the War Pension Scheme.
After extensive lobbying, which was supported by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been modified to allow veterans of the armed forces diagnosed with mesothelioma to receive a lump sum amounting to PS140,000 in addition to traditional War Pension. The lump sum is also tax-free.
Prior to this, a mesothelioma diagnosis would have qualified a person for a war disability pension of up PS32,000 regardless of whether they were divorced, single, or widowed. Civilians with mesothelioma, however, can receive up PS600,000.000 under the government's Diffuse Mesothelioma program.
All members of the armed forces who have been diagnosed with mesothelioma will be eligible to choose this option. The law will also apply to those who've been exposed to asbestos during their military service and outside it, also known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other armed service personnel with their mesothelioma lawsuit. We can assist them to understand the new laws and the implications. We can also assist clients to determine the best method to get compensation. claiming compensation for mesothelioma may include tracing companies that are responsible for their asbestos exposure.
The lump sum will be PS140,000
Compensation is determined by a variety of variables, including the age of the person, their life expectancy following mesothelioma and the amount of care needed. The amount of compensation paid to patients is determined by a range of factors such as the age of the sufferer, the effect mesothelioma has on life expectancy, and how much care they need.
Asbestos victims must seek compensation from those accountable for their exposure to asbestos. However, for those unable to find those responsible, a government-sponsored scheme pays a lump sum to victims of mesothelioma. The average amount awarded is approximately PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma were able to receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payout dependent on the person's age and the degree of their disability. This is a lower amount than the mesothelioma for civilians settlement, which is in six figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as an engineer for the naval branch of the Royal Navy between 1957 and 1965, has been told that he will be entitled to an amount of PS140,000 in one lump sum under the new law. He is suffering from mesothelioma, a debilitating lung disease caused by exposure to asbestos.
According to mesothelioma attorneys, Simpson Millar, this is a huge win for veterans with mesothelioma. Most Navy personnel, along with many civilians, docked in US ports throughout their careers which exposed them to asbestos-related toxins. This is due to the widespread use of asbestos in American ships during this time. The signs of mesothelioma might not be apparent for a long time, leaving veterans with only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who have never received a war pension will be offered a lump sum amounting to PS140,000. This is a significant increase over the current amount non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However, this new payment will be taken from any existing war pension that an individual is entitled to. This means it is essential that anyone diagnosed with mesothelioma and considering applying for this new payment gets advice from experienced mesothelioma solicitors to ensure they receive the best deal.
It is a victory for the Royal British Legion
The Royal British Legion has issued an angry critique of the government for failing to keep its promise to legislate the military covenant. The charity has asked the minister to explain why the government isn't honouring its commitment to veterans. It has also threatened to withdraw from a number of forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is essential but it has to be more effective to ensure that the needs of the community are met in a manner which makes a real impact on their lives. It is essential that the feedback loop in forums is improved so that any issues that are consistently not being addressed are recognized and the reasons are clearly explained.
As the UK's oldest and largest Armed Forces charity, the Royal British Legion is at the center of an entire national network that offers assistance to members of Armed Forces and their families. They are also the group that is the most suited to understand the challenges that those who serve or have served, as well as their widows and widowers.
One of the most significant concerns of mesothelioma sufferers is that they're often left without financial security as a result of their disease. The amount of compensation available is usually not enough to cover the cost of treatment or living expenses, and it is typically not feasible to get a mortgage.
This is particularly true for Navy veterans who have been diagnosed with mesothelioma, since asbestos was widely used in shipbuilding and other Naval activities. This has left many veterans struggling to cope with the symptoms of their disease and the effects on their financial situation.
There are numerous organizations which can help. Mesothelioma attorneys can help secure legal compensation that can be used to pay for treatment and living expenses. Mesothelioma sufferers may also seek compensation from the companies who supplied asbestos-containing products.
Veterans will welcome it
Navy veterans diagnosed with mesothelioma can now to avail an amount of PS140,000 in one lump sum, the Ministry of Defence has announced. This will enable them to receive substantial financial support to ease the financial pressure that mesothelioma causes their families.
This news will be greeted by the countless former military personnel who were diagnosed with mesothelioma. The law has been changed so that they are paid a similar amount as civilian sufferers who have mesothelioma compensation claims.
The change came as a result of an effort 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 help many dying veterans, who would have qualified for a war pension to receive a lump sum. This will give them the peace of mind they need as well as the financial assistance they require to live the rest of their lives.
Asbestos is linked to mesothelioma. It can take years for symptoms to appear however even a single exposure could increase the likelihood of developing the condition. The vast majority of mesothelioma sufferers were exposed to asbestos while working, and this includes in Navy shipyards. The UK law changed last year to allow people to claim compensation from employers if they were exposed to asbestos on the job, but many veterans are still unaware of the possibility of seeking compensation from the government.
Mesothelioma has been a terrible illness that has affected many lives. The decision by the government regarding how to address the unfair treatment of veterans is a huge victory.
However, it's not enough to end the suffering of mesothelioma patients and their families. They also need to seek compensation from the companies that supplied asbestos products to the military. Depending on the shipyards and bases, and ships they worked on, veterans might be eligible to make trust fund claims against several different corporations. These could include large multinationals with a long track record of selling asbestos-related products to the US Navy or other branches of the military.