Mesothelioma Compensation and the Royal Navy
On 16 December 2015 the Ministry of Defence changed their policy to allow military personnel diagnosed with mesothelioma to decide whether to receive a lump sum or a traditional war pension. mesothelioma compensation how much did not apply 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 to them and their families.
The law has changed
Mesothelioma, an aggressive terminal cancer caused by asbestos exposure, can take decades to develop. The symptoms can take a long time to manifest and, once diagnosed with the disease sufferers are expected to live a few more years.
The government's decision to alter the law is a major step in the right direction. From April 2016, veterans of the armed services diagnosed with mesothelioma will be able to choose whether to receive a pension or receive a lump sum of up to PS140,000. This is significantly higher than the average civilian compensation award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only claim mesothelioma benefits through a War Disablement Pension. It was an income per month, which was not suitable for those suffering from serious chronic diseases like mesothelioma. The War Pension Scheme did not allow lump-sum compensation.
After a long-running campaign, aided 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 also be tax-free.
Prior to this, a mesothelioma diagnosis could have qualified a person to receive a war disability pension of up to PS32,000, regardless of whether they were divorced, single or widowed. However, civilians who have mesothelioma can receive up to PS600,000. This is under the Government's Diffuse Mesothelioma Scheme.
The new law will be applicable to all veterans of the armed forces diagnosed with mesothelioma who want to take up this option. It is also available to those who were exposed to asbestos during their time in the armed forces and also outside of it known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other service members with their mesothelioma lawsuit. We can help them understand the new law and the issues involved. We can help them determine the best method to receive compensation. This may include tracing companies who are responsible for their asbestos exposure.
The lump sum will be PS140,000.
Compensation is determined by a range of factors, including age, life expectancy following mesothelioma and the amount of care needed. The amount of compensation given to sufferers is based on various factors including age, the impact mesothelioma can have on life expectancy and how much care they need.
Asbestos victims must seek compensation from those responsible for their exposure to asbestos. If they are unable to find those responsible, a government-sponsored scheme pays a lump sum to victims of mesothelioma. The average amount is around PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma would only be eligible for a war-related disability pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment based on an individual's age and the degree of their disability. However, it is a significantly smaller sum than mesothelioma compensation for civilians that can be as high as six figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineer 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 has mesothelioma - an incurable lung disease caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, says that this is a major victory for veterans who have mesothelioma. The majority of Navy personnel as well as a lot of civilians, docked at US ports throughout their careers where they were exposed to harmful asbestos fibres. This is due to the frequent use of asbestos in American ships during this time. The symptoms of mesothelioma may not be apparent for a long time, leaving veterans with only a few options for compensation.
The Ministry of Defence has confirmed that veterans with mesothelioma who were not previously awarded a war pension will receive a lump sum of up to PS140,000. This is a significant increase over the current amount that 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. It is imperative that anyone with mesothelioma is thinking about applying for this payment seeks the advice of an experienced mesothelioma lawyer to ensure they get the best price.
It is a win for the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government over not keeping its promise to legislate the military covenant. The charity has asked the responsible minister to explain the reason for reneging on its commitment to veterans and has threatened to withdraw of several forums where it works with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial however, it needs to be more efficient to ensure that the needs of the community are met in a way that has a positive impact on their lives. It is therefore essential that the feedback loop within forums is improved so that any issues that are not addressed are identified and the reasons behind this are explained.
The Royal British Legion, as the UK's largest and oldest Armed Forces Charity, is at the centre of a national network that offers support to members of the Armed Forces. They are also the organization that is the most suited to understand the issues faced by those who serve and have served as well as their widows and widowers.
One of the major issues for mesothelioma patients is that they are often left without financial security because of their illness. The compensation available is not always enough to cover the living expenses or medical costs and mortgages are usually difficult to get.
Asbest was used in shipbuilding, as well as other Naval activities. This has left many veterans struggling with the symptoms of their disease and the effects on their financial position.
There are several organisations which can help. Mesothelioma lawyers can assist in obtaining legal compensation to be used for treatment and essential living expenses. In addition, mesothelioma sufferers are also able to file claims for compensation from companies that supplied asbestos-containing products.
It will be a welcome sight for veterans
The Ministry of Defence announced that Navy veterans with mesothelioma can access a lump-sum payment of PS140,000. This will allow them to receive a substantial financial aid to ease the financial burden that mesothelioma has caused for their families.
This news will be greeted by the thousands of former service personnel diagnosed with mesothelioma. The law has changed to allow them to receive the same compensation amount as civilians with mesothelioma cases.
The change is a result of campaigning by the Royal British Legion and other groups, which led to the Prime Minister making a commitment to investigate the issue. The MoD's decision to change its policy will allow a number of dying veterans who would have been entitled to a pension to opt for a lump-sum. This will provide them with the peace of mind they require and the financial support they require to live the rest of their lives.
Asbestos exposure is linked to mesothelioma. It can take a long time for symptoms to appear, but just one exposure can increase the risk of developing the disease. The majority of mesothelioma victims were exposed to asbestos while at work, including in Navy shipyards. The UK law was changed last year to permit people to claim compensation from employers if they were exposed to asbestos on the job However, many veterans are not aware of the possibility of seeking compensation from the government.
Mesothelioma is a devastating disease that has no words to express the way it has affected many lives. The decision by the government regarding how to address the unfair treatment of veterans is an enormous victory.
However, it's not enough end the suffering of mesothelioma patients and their families. They will also have to seek compensation from the companies that supplied asbestos products to the military. Veterans could file trust fund claims with a variety of different corporations based on where they worked, such as bases, shipyards and ships. These could include large multinationals who have a long history of selling asbestos products to the US Navy or other branches of the military.