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 to receive a lump sum or a traditional war pension. The change did not apply for all veterans who were already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected, due to exposure to asbestos during their military service or in civilian jobs. This was a terrible injustice to them and their families.
The law has been modified
Mesothelioma is a deadly, terminal cancer that is caused by exposure to asbestos, can take decades to manifest. It can take a long time for symptoms to show and once diagnosed, most sufferers have a life expectancy of just one or two years.
The Government's decision to change the law is a huge step in the right direction. Beginning in April 2016, veterans of the armed services diagnosed with mesothelioma will have the option to choose whether to receive their pension or receive a lump sum amounting to PS140,000. This is substantially more than the average civilian compensation award.
Prior to mesothelioma compensation how much , veterans of the armed forces who were diagnosed with mesothelioma could receive mesothelioma benefits through a War Disablement Pension. This was a limited benefit that only offered a monthly income and was not suitable for those suffering with serious long-term diseases such as mesothelioma. In addition, it was not possible to obtain lump sum compensation under the War Pension Scheme.
After extensive 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 a lump sum amounting to PS140,000 in addition to the traditional War Pension. The lump sum will be tax-free.
Previously, a mesothelioma diagnosis would have been eligible for a war-related disability pension of up to PS32,000 if the patient was unmarried, divorced or widowed. However, civilians who have mesothelioma may receive 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 choose this option. The law will also apply to those who've been exposed to asbestos during their service and also outside of it, also referred to as "dual exposure".
Mesothelioma UK has already started helping former sailors and other military personnel of the military with mesothelioma lawsuits. We can assist them to understand the new laws and the implications. We can also assist them in determining the best way to get compensation. This includes tracing companies that may be accountable for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a number of factors, including the age of the person, their life expectancy following mesothelioma, and the amount of care required. It is also based on the impact mesothelioma has caused on family members as well as whether or not the person can continue to work.
Asbestos victims must seek compensation from the people responsible for their exposure to asbestos. For those who cannot find the responsible parties, a government program will pay lump sums to mesothelioma patients. The average amount awarded is approximately PS144,000.
Previously, ex-servicemen diagnosed with mesothelioma could only be eligible for a war-related disability pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payout based on an individual's age and their level of disablement. But, it's considerably less than mesothelioma compensation for civilians that can be as high as six figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as a naval engineer in the Royal Navy between 1957 and 1965, has now been informed that he is entitled to an amount of PS140,000 in one lump sum under the new law. Mesothelioma is an incurable lung cancer caused by asbestos exposure.
According to mesothelioma lawyers, Simpson Millar, this is an incredible win for veterans with mesothelioma. Most Navy personnel, like many civilians, docked in US ports during their career and were exposed to harmful asbestos fibres. This is because of the extensive use of asbestos in American ships during this time. Symptoms of mesothelioma can take years to manifest and, as a consequence the patients are often left with only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who were not previously awarded an entitlement to a war pension will now be offered an amount of lump sum 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 pensions an individual receives. This means it is crucial that anyone diagnosed with mesothelioma and thinking about applying for this new payment seeks the advice of experienced mesothelioma solicitors to ensure they receive the best deal.
It's a win for the Royal British Legion
The Royal British Legion has issued an angry critique of the government over not keeping its pledge to legislate the military covenant. The charity has asked the minister in charge to explain the reason for not delivering on its promise to veterans and has threatened to withdraw from a variety of forums in which it engages with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial, but it must be more productive to ensure the community's needs are met in a way which makes a real impact on their lives. It is crucial to improve the feedback loops on forums to ensure that issues that are not addressed in a consistent manner are recognized, and the reasons for this are clearly explained.
As the oldest and largest Armed Forces charity, the Royal British Legion is at the center of the national network that provides support to members of the Armed Forces and their families. The Royal British Legion is the only organisation to understand the issues facing those who have served as soldiers, their widows and orphans and their families.
One of the major problems for mesothelioma sufferers is that they are often left without a financial security because of their disease. The compensation that is available is often not enough to cover the cost of care or living expenses, and it is usually not feasible to obtain a mortgage.
This is especially relevant to 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 effects of their disease on their financial situation.
There are several organisations that can assist. For example, mesothelioma lawyers can assist in obtaining legal compensation for sufferers. This can be used to pay for treatment or to cover essential living expenses. In addition, mesothelioma sufferers are also able to file an application for compensation from companies that supplied them with asbestos products.
Veterans will be happy
Navy veterans diagnosed with mesothelioma will be able to access a lump sum of PS140,000 as the Ministry of Defence has announced. This will enable them to receive a substantial financial aid to ease the financial burden that mesothelioma has caused for their families.
Former service personnel who have been diagnosed with mesothelioma will be delighted by this news. The law has been changed to allow them to receive the same compensation amount as civilians who have mesothelioma cases.
The change is the result of campaigning by the Royal British Legion and other groups, which resulted in the Prime Minister agreeing to investigate the issue. The change made by the MoD will help many veterans who are dying, and would have qualified for a war-related pension to choose the lump sum. This will give them peace of mind and the financial support they require to live out the rest of their lives.
Asbestos exposure is associated with mesothelioma. It can take decades for symptoms to manifest but just one exposure can increase the risk of developing the disease. The vast majority of mesothelioma victims were exposed to asbestos while at work, including at Navy shipyards. The UK law changed last year to allow people to sue employers if they were exposed to asbestos while working, but many veterans are not aware of the possibility of seeking compensation from the government.
Mesothelioma has been a terrible illness that has affected many lives. The government's decision to address the unfair treatment of veterans of the military is a significant victory.
However, it's not enough to end the suffering of veterans who have mesothelioma or their families. They also have to seek compensation from companies who supplied the military with asbestos-based products. Veterans may be able to file trust fund claims with several different corporations based on where they worked, including bases, shipyards and ships. This could include multinational corporations with a long track record of selling asbestos products to the US Navy or other branches of the military.