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 traditional war pension. The change did not apply to all veterans already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected because they were exposed to asbestos in their military service or in civilian positions. This was a great injustice to their families and the people they loved.
The law has changed
Mesothelioma, an aggressive terminal cancer caused by asbestos exposure, can take decades to manifest. It can take a long time for symptoms to show and once diagnosed, many sufferers will live for a minimum of just one or two years.
It is a major step forward that the Government has made the decision to amend the law. From April 2016, veterans of the armed services diagnosed with mesothelioma will be able to decide whether they want to receive their pension or receive a lump sum amounting to PS140,000. mesothelioma navy compensation is substantially more than the average civilian compensation award.
Prior to the changes, veterans of the armed forces who were diagnosed with mesothelioma could be eligible for mesothelioma benefits through a War Disablement Pension. However, this only provided an income that was regular and monthly, and was not appropriate for those suffering from severe long-term diseases such as mesothelioma. Furthermore, it was not possible to access 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 that have been diagnosed with mesothelioma to receive lump sums of up to PS140,000, addition to the traditional War Pension. The lump sum is also tax-free.
Prior to this, a mesothelioma diagnosis could have qualified someone to receive a war disability pension of up PS32,000 regardless of whether they were divorced, single or widowed. Civilians suffering from mesothelioma on the other hand, can receive up PS600,000.000 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 be applicable to those who have been exposed to asbestos during their military service as well as outside of it, also referred to as "dual exposure".
Mesothelioma UK is already helping former soldiers, sailors and other armed service personnel with their mesothelioma claims. We can assist them to understand the new laws and what they entail. We can also help clients to determine the best way to obtain compensation. This may include tracing companies that are accountable for their asbestos exposure.
The lump sum will be PS140,000.
The amount of compensation paid to sufferers is based on various factors, like age, the impact mesothelioma has on life expectancy and the level of care needed. The amount of compensation awarded to patients is determined by several factors including age, the effect mesothelioma can have on life expectancy, and the amount of care they require.
Asbestos sufferers must seek compensation from asbestos exposure responsible parties. For those who are who are unable to identify the responsible parties, a government-sponsored scheme pays lump sums to those suffering of mesothelioma. The average amount paid is approximately PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma could only receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly amount that is based on the person's age and the severity of their disability. However, this is a significantly smaller sum than civilian mesothelioma compensation, which can reach six-figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineering officer between 1957 and 1964 has been informed that he is entitled to a lump sum payment of PS140,000 under the new law. He suffers from mesothelioma, an incurable lung disease caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, says that this is a huge victory for veterans who have mesothelioma. The majority of Navy personnel, as well as many civilians, were 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 the time. The signs of mesothelioma might not show up for years leaving veterans with very limited compensation options.
The Ministry of Defence has confirmed that mesothelioma sufferers 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 amount that non-married veterans with mesothelioma receive under the Diffuse Mesothelioma scheme.
However this new payment will be taken from any existing war pension an individual receives. As a result, it is important that anyone diagnosed with mesothelioma who is contemplating applying for this payment gets advice from experienced mesothelioma solicitors to ensure they get the best deal.
It's a win to the Royal British Legion
The Royal British Legion has issued an angry critique of the government for allegedly failing to keep its promise to legislate the military covenant. The charity has demanded that the minister explain why the government is not honoring its pledge to veterans. It has also threatened to pull out of several forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is essential but it has to be more effective to ensure that the community's needs are met in a manner which makes a real impact on their lives. It is essential to improve the feedback loop on forums to ensure that issues that aren't addressed consistently are understood, and the reasons for this are made clear.
As the UK's oldest and largest Armed Forces charity, the Royal British Legion is at the core of a national network that provides assistance to members of Armed Forces and their families. The Royal British Legion is the only organization to understand the challenges facing those who have served, their widows and orphans and their families.
One of the biggest problems for mesothelioma sufferers is that they're often left without financial security as a result of their disease. The compensation available is not always enough to cover the living expenses or medical costs, and mortgages are often impossible to obtain.
Asbest was used in shipbuilding as well as other Naval activities. Many veterans are struggling with their ailments and the effects of their disease on their financial status.
However, there are a number of organisations that can help with this. For instance, mesothelioma lawyers can help to secure legal compensation for sufferers, which can be used to pay for treatment or cover the essential expenses of living. Patients with mesothelioma can also claim compensation from companies that supplied asbestos-containing products.
It will be welcomed by veterans
Navy veterans who are diagnosed with mesothelioma can now to avail an amount of PS140,000 in one lump sum according to the Ministry of Defence has announced. The Ministry of Defence announced that Navy veterans diagnosed with mesothelioma will be eligible 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 changed to allow them to receive the same compensation amount like civilians with mesothelioma claims.
The change is the result of the campaigning of the Royal British Legion and other groups, which led to the Prime Minister agreeing to examine the issue. The MoD's u-turn will allow a number of dying veterans who would have been entitled to a pension to receive a lump sum. This will provide them with peace of mind and the financial assistance they require to live the rest of their lives.
Asbestos has been linked to mesothelioma. It can take a long time for symptoms to manifest however even a single exposure could increase the risk of developing the disease. The vast majority of mesothelioma victims were exposed to asbestos while at work, which includes Navy shipyards. In the year 2000, the UK law was changed to allow employees who were exposed to asbestos while at work to sue their employers. However many veterans are not aware that they may be entitled to compensation from the government.
Mesothelioma is a debilitating disease and there are no words to express the extent that it has affected so many lives. The decision by the government to tackle the unfair treatment of military veterans is a major victory.
But it's not enough to stop the suffering of mesothelioma patients as well as their families. They will also need to seek compensation from companies that supplied the armed forces with asbestos-based products. Depending on the shipyards and bases and the ships they were employed on, veterans may be in a position to make trust fund claims against a variety of corporations. This could include a range of large multinationals that have an history of selling asbestos-related products to the US Navy and other branches of the Armed Forces.