Mesothelioma Compensation and the Royal Navy
On the 16th of December, 2015, the Ministry of Defence changed their policy to allow service personnel diagnosed with mesothelioma to decide whether to receive a lump sum or a traditional war pension. The decision, however, did not apply to all veterans who had been diagnosed with mesothelioma.
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 is a deadly, terminal cancer caused by asbestos exposure can take a long time to develop. It can take years before symptoms are evident and once diagnosed, most sufferers live a lifespan of one or two years.
It is a significant move that the Government has decided to amend the law. Beginning in April 2016, armed forces veterans diagnosed with mesothelioma will be able to decide whether they want to receive their pension or receive an amount of lump sum up to PS140,000. This is a much more substantial amount than the typical civil award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma could claim the War Disablement Pension. This was a monthly income which was not suitable for those suffering from severe chronic diseases like mesothelioma. Furthermore, it was not possible to receive 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 changed to allow veterans of the armed forces 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 will be tax-free.
Prior to this, mesothelioma diagnosed could have qualified a person for a war disability pension of up PS32,000, regardless of whether they were single, divorced or widowed. Civilians with mesothelioma, on the other hand are eligible for PS600,000.000 under the government's Diffuse Mesothelioma Scheme.
The new law will apply to all veterans of the armed forces diagnosed with mesothelioma and who wish to pursue this option. The law will also apply to those who've been exposed to asbestos during their service and outside it, also known as "dual exposure".
Mesothelioma UK is already helping former soldiers, sailors and other military personnel with their mesothelioma lawsuit. We can help them understand the new law and what is involved. We can also help them to find out about the best method of obtaining compensation. This could include tracing businesses that are responsible for their asbestos exposure.
The lump sum amount will be PS140,000
Compensation is determined by a variety of factors, including age, life expectancy after mesothelioma, and the amount of care needed. The amount of compensation given to patients is determined by several factors such as the age of the sufferer, the effect mesothelioma will have on life expectancy and how much care they need.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. However, for those unable to find those responsible, a government-sponsored scheme pays a lump sum to victims of mesothelioma. The average amount is around PS144,000.
In the past, ex-servicemen who were diagnosed with mesothelioma could only claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. It is a monthly payment based on an individual's age and the extent of their impairment. This is a much smaller amount than the mesothelioma for civilians settlement, which is in 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 has the right to a lump-sum payment of PS140,000, as per the new law. He suffers mesothelioma which is an incurable lung condition that is caused by exposure to asbestos.
According to mesothelioma lawyers, Simpson Millar, this is an incredible 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 harmful asbestos fibres. This is due to the frequent use of asbestos on American ships at the time. Symptoms of mesothelioma can take a long time to show up, and as a result that veterans are often left with only a few options to seek compensation.
The Ministry of Defence has confirmed that mesothelioma patients who were not previously awarded an army pension will be offered a lump sum amounting to PS140,000. This is a substantial increase over the amount that non-married veterans with mesothelioma receive under the Diffuse Mesothelioma scheme.
However, this new payment will be taken from any war pension that an individual is entitled to. It is crucial that anyone suffering from mesothelioma who is considering applying for this payment seek advice from a seasoned mesothelioma lawyer to ensure that they get the best price.
It's a win for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government over not keeping its pledge to legislate the military covenant. The charity has asked the minister to explain why the government is not honouring its commitment to veterans. It has also threatened to withdraw from several forums that it has worked with the Ministry of Defence.
The Legion's engagement with the MoD is important however, it must be more effective in order to ensure that the community is being taken care of in a manner that makes a real difference to their lives. It is therefore essential that the feedback loop within forums is improved to ensure that any issues that are consistently not addressed are identified 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 an entire national network that offers assistance to members of the Armed Forces and their families. The Royal British Legion is the most effective organization to understand the challenges facing those who have served as their widows or orphans and their families.
The fact that mesothelioma patients are often left with no financial security is among their main issues. The compensation available isn't always enough to cover the living expenses or medical costs and mortgages are usually difficult to get.
This is particularly applicable to Navy veterans who have been diagnosed with mesothelioma because asbestos was utilized in shipbuilding and other Naval activities. Many veterans are struggling to cope with their symptoms and the effects of their illness on their financial status.
There are several organisations that can assist. For instance, mesothelioma attorneys can help to secure legal compensation for patients, which can be used to pay for treatment or cover essential living expenses. In addition, mesothelioma victims may also file an application for compensation from companies who supplied asbestos-containing products.
Veterans will welcome it
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 has announced that Navy veterans who have been diagnosed with mesothelioma will be eligible to access a lump sum of PS140,000.
This news will be greeted by the countless former service personnel diagnosed with mesothelioma. The law has been modified so that they are paid the same amount as civilian sufferers with a mesothelioma compensation claim.
The change is the result of campaigning by the Royal British Legion and other groups, which led to the Prime Minister pledging to look at the issue. The MoD's u-turn will allow a lot of veterans who would have been entitled to a pension to receive 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 lives.
Asbestos exposure can be linked to mesothelioma. It can take a long time for symptoms to manifest, but even a single exposure could increase the likelihood of developing the disease. The majority of mesothelioma patients were exposed to asbestos while working, including in Navy shipyards. In the past 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 scheme of the government to address the unfair treatment of military veterans is a major victory.
But it's not enough to stop the suffering of veterans suffering from mesothelioma as well as their families. They also need to seek compensation from companies that supplied asbestos-related products to the armed forces. Veterans could file trust fund claims with a variety of different corporations depending on where they worked, which could include shipyards, bases, and ships. 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.