Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 to allow service personnel with mesothelioma to choose between an amount in lump sum or a traditional war pension. But the decision was not applicable to all veterans who had been diagnosed with the disease.
This includes 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 been modified
Mesothelioma is a fatal and aggressive cancer that is caused by exposure to asbestos can take years to develop. It can take years before symptoms are evident and once diagnosed, most sufferers live a lifespan of only one or two years.
It is a major step forward that the government has taken the decision to change the law. Beginning in April 2016, armed forces veterans diagnosed with mesothelioma will be able select whether to receive a pension or a lump sum amounting to PS140,000. This is substantially more than the average civilian compensation award.
Prior to the changes, armed forces veterans who were diagnosed with mesothelioma could only receive the War Disablement Pension. This was a limited benefit that only offered an income that was regular and monthly, and was not suitable for those suffering from serious long-term illnesses such as mesothelioma. Furthermore it was not possible to receive lump sum compensation under the War Pension Scheme.
After a long period of lobbying, which was backed 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 an amount of up to PS140,000, in addition to traditional War Pension. The lump sum is tax-free.
Prior to this, a mesothelioma diagnose could have qualified a person to receive a war disability pension up to PS32,000, regardless of whether they were single, divorced, or widowed. However, civilians who have mesothelioma are eligible for up to PS600,000 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. It is also accessible to those who were exposed to asbestos both during their military service and in other circumstances known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other armed services personnel with mesothelioma claims. We can help them learn about the new law and what's involved. We can also assist them in determining the best way to get compensation. This includes tracing companies that are responsible for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a range of factors, such as age, life expectancy following mesothelioma and the amount of care needed. The amount of compensation given to sufferers is based on several factors such as age, the impact mesothelioma has on life expectancy and the amount of care they require.
Asbestos victims must seek compensation from asbestos exposure responsible parties. If they are unable to locate the responsible parties, a government program pays lump sums to mesothelioma victims. The amount that is awarded is around PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma were able to claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment that is based on the age of the individual and their level of disablement. But, it's considerably less than the mesothelioma settlement for civilians that can exceed six figures.
Fred Minall from Northampton who served in the Royal Navy as a naval engineering 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 has mesothelioma - an incurable lung disease that is caused by asbestos exposure.
According to mesothelioma attorneys, Simpson Millar, this is an enormous win for veterans with mesothelioma. The majority of Navy personnel, as well as many civilians, docked at US ports throughout their career in which they were exposed to harmful asbestos fibres. This is due to the widespread use of asbestos on American ships at this time. The signs of mesothelioma could not be apparent for a long time leaving veterans with very only a few options for compensation.
The Ministry of Defence confirmed that veterans with Mesothelioma who have not previously been awarded an amount of war-pension, will be offered up to PS140,000 as a lump-sum payment. This is a significant increase over the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
The new payment will be deducted from the existing war pension that a person receives. It is crucial that anyone suffering from mesothelioma who is thinking about applying for this benefit seeks advice from an experienced mesothelioma lawyer to ensure they get the best price.
It is a victory for the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government over not keeping its pledge to legislate the military covenant. The charity has asked the minister responsible to explain the reason for not delivering on its promise to veterans and has threatened to pull out from a variety of forums where it works with the Ministry of Defence.
The Legion's involvement with the MoD is important however, it must be more efficient to ensure that the community is being treated in a way that makes a real difference to their lives. It is important to improve the feedback loop in forums so that problems that aren't addressed consistently are understood, and the reasons for this are made clear.
The Royal British Legion, as the UK's largest and oldest Armed Forces Charity, is located at the heart of a national network that provides support for members of the Armed Forces. They are also the group that is the most suited to understand the issues faced by those who are serving and have served as well as their widows and widowers.
One of the biggest problems for mesothelioma sufferers is that they are often left without any financial security as a result of their disease. The compensation available isn't always enough to cover living expenses or medical costs and mortgages are usually difficult to get.
This is especially true for Navy veterans who have been diagnosed with mesothelioma as asbestos was used in shipbuilding and other Naval activities. Many veterans are struggling to cope with their ailments and the impact of their illness on their financial situation.
However, there are a number of organisations that can help in this. For example, mesothelioma lawyers can assist in obtaining legal compensation for sufferers, which can be used to pay for treatment or essential living costs. Patients with mesothelioma can also claim compensation from companies that supplied asbestos products.
Veterans will welcome it
Navy veterans diagnosed with mesothelioma will be able to access a lump sum of PS140,000 according to the Ministry of Defence has announced. This will enable them to have significant financial aid to ease the financial pressure that mesothelioma causes their families.
This news will be greeted by the thousands of former service personnel diagnosed with mesothelioma. The law has been changed to allow them to receive the same compensation amount as civilians with mesothelioma claims.
The change came as a result of an effort by the Royal British Legion, and other groups. This led to the Prime Minister promising to examine the issue. The U-turn by the MoD will help many veterans who are dying, and could have qualified for a war pension to choose lump amount. This will give them peace of heart and the financial help they require to live out the rest of their lives.
Asbestos exposure is linked to mesothelioma. It can take decades for symptoms to manifest but just one exposure can increase the chance of developing the condition. The majority of mesothelioma patients were exposed to asbestos while at work, including in Navy shipyards. The UK law was amended in the last year to allow workers to claim compensation from employers if they were exposed to asbestos on the job however, many veterans aren't aware that they can seek compensation from the government.
Mesothelioma is a devastating disease that has no words to express the way that it has affected so many lives. The decision by the government to tackle the unfair treatment of military veterans is a major victory.
However, it's not enough end the suffering of mesothelioma patients and their families. They will also have to seek compensation from companies that supplied asbestos products to the military. mesothelioma lawsuit compensation may be able file trust fund claims against a variety of different corporations based on where they worked, including shipyards, bases, and ships. This could include a number of multinational corporations that have a history of selling asbestos-related products to the US Navy and other branches of the armed forces.