Mesothelioma Compensation and the Royal Navy
On 16 December 2015 the Ministry of Defence changed their policy to allow service members diagnosed with mesothelioma the option of choosing whether they want to receive an amount in one lump sum or a traditional war pension. The decision, however, did not apply to all veterans who had already been 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 major injustice for them as well as their families.
The law has changed
Mesothelioma, an aggressive terminal cancer caused by asbestos exposure can take years to manifest. It can take a long time for symptoms to show and, once diagnosed, the majority of sufferers live a lifespan of one or two years.
It is a major step forward that the government has taken the decision to amend the law. In April 2016, armed forces veterans diagnosed with mesothelioma will be able select whether to receive a pension or receive a lump sum amounting to PS140,000. This is significantly higher than the average civilian compensation award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma were able to receive a War Disablement Pension. However, this only provided a monthly income and was not suitable for those suffering from serious long-term illnesses such as mesothelioma. The War Pension Scheme did not provide lump-sum compensation.
After a long period of lobbying, which was backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been amended to allow armed forces veterans diagnosed with mesothelioma to receive a lump sum amounting to PS140,000 in addition a traditional War Pension. The lump sum is tax-free.
Prior to this, a mesothelioma diagnosis would 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 are eligible for up to PS600,000. This is 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've been exposed to asbestos during their service as well as outside of it, also known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other armed personnel of the military with mesothelioma lawsuits. We can assist them to understand the new law and the issues involved. We can help them determine the best way to get compensation. This includes tracing companies that are accountable for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a number of variables, including age, life expectancy after mesothelioma and the amount of care required. The amount of compensation paid to patients is determined by a range of factors, including age, the impact mesothelioma will have on life expectancy and how much care they need.
Asbestos sufferers must seek compensation from asbestos exposure responsible parties. However, for those not able to locate the responsible party, a government scheme pays a lump sum to victims of mesothelioma. The average amount awarded is around PS144,000.
Former servicemen who were 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 degree of disability. This is a much smaller amount than the mesothelioma civil settlement, which can be in six figures.
Fred Minall, 74 from Northampton, who served as an engineer for the naval branch of the Royal Navy between 1957 and 1965, has been informed that he will be entitled to a lump sum of PS140,000 under the new law. He is suffering from mesothelioma, a debilitating lung condition that is caused by exposure to asbestos.
According to mesothelioma attorneys, Simpson Millar, this is an incredible win for veterans with mesothelioma. The majority of Navy personnel and a large number of civilians, were docked at US ports throughout their careers in which they were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos on American ships during this time. The symptoms of mesothelioma may not show up for years and leave veterans with a only a few options for compensation.
The Ministry of Defence confirmed that Mesothelioma patients who had not previously been awarded an amount of war-pension, will receive up to PS140,000 as a lump-sum payment. 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 war pension that an individual is entitled to. As a result, it is crucial that anyone diagnosed with mesothelioma thinking about applying for this new payment seeks advice from seasoned mesothelioma solicitors to ensure they get the right deal.
It is a victory for the Royal British Legion
The Royal British Legion has delivered an enraged rebuke to the government over claims that it hasn't acted on its promise to establish the military covenant in law. The charity has asked the minister in charge to explain the reason for not delivering on its promise to veterans and has threatened to pull out of a number of forums in which it cooperates with the Ministry of Defence.
The Legion's interaction with the MoD is vital but it has to be more efficient to ensure that the community is being looked after in a way that makes a real difference to their lives. It is essential that the feedback loop in forums is improved to ensure that any issues that are not being addressed are understood and the reasons are explained.
The Royal British Legion, as the largest and most enduring Armed Forces Charity, is situated at the heart of a national network of support for members of the Armed Forces. The Royal British Legion is the only organisation to comprehend the issues facing those who have served, their widows and orphans and their families.
One of the major issues for mesothelioma patients is that they are often left without a financial security because of their illness. The compensation that is available is usually not enough to cover the cost of care or living 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 to manage the symptoms of their illness and the effects on their financial position.
However, there are a number of organizations that can assist with this. Mesothelioma lawyers can help secure legal compensation to be used for treatment and essential living expenses. Mesothelioma sufferers may also seek compensation from companies that supplied asbestos-containing products.
Veterans will be delighted.
The Ministry of Defence announced that Navy veterans suffering from mesothelioma will be able to receive a lump-sum payout of PS140,000. The Ministry of Defence announced that Navy veterans who have been diagnosed with mesothelioma are able to access an amount of PS140,000 in a lump sum.
This news will be welcomed by the countless former military personnel who have been diagnosed with mesothelioma. The law has been modified so that they can be paid a similar amount to civilian sufferers with mesothelioma compensation claims.
The change came about in response to a campaign by the Royal British Legion, and other groups. This resulted in the Prime Minister declaring that he would investigate the issue. The MoD's decision to change its policy will allow a number of dying veterans who were entitled to a pension to opt for a lump-sum. This will provide them with the peace mind they need and the financial security they require to live the rest of their life.
Asbestos exposure can be linked to mesothelioma. It can take years before symptoms begin to show up but even a single exposure could increase the risk of developing the disease. The majority of mesothelioma patients were exposed to asbestos while working, and this includes in Navy shipyards. Last year, the UK law was amended to allow workers who were exposed to asbestos in the workplace to sue their employers. However, many veterans are unaware that they may be entitled to compensation from the government.
Mesothelioma is a debilitating illness that has affected many lives. mesothelioma compensation payouts to address the unfair treatment of veterans of the military is a huge victory.
However, it's not enough to end the suffering of mesothelioma patients as well as their families. They will also need 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, including bases, shipyards, and ships. This can include large multinationals who have a long history of selling asbestos-related products to the US Navy or other branches of the military.