Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 to allow service personnel with mesothelioma the option of receiving an amount in lump sum or a traditional war pension. The decision did not apply to all veterans who had been already diagnosed with mesothelioma.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos while in their military service and in civilian jobs. This was a huge injustice to them and their families.
The law has changed
Mesothelioma is a deadly, terminal cancer that is caused by exposure to asbestos can take a long time to manifest. It can take a long time before symptoms are evident and once diagnosed, most sufferers will live for a minimum of just one or two years.
The government’s decision to alter the law is a significant step in the right direction. Beginning in April 2016, armed forces veterans diagnosed with mesothelioma will have the option to choose whether to receive their pension or to take a lump sum amounting to PS140,000. This is a significantly more substantial amount than the typical civil award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only be eligible for the War Disablement Pension. This was an income per month that was not appropriate for people with serious chronic diseases like mesothelioma. Furthermore it was not possible to receive lump sum compensation under the War Pension Scheme.
After extensive lobbying, which was supported by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been amended to allow armed forces veterans diagnosed with mesothelioma access to an amount of up to PS140,000 in addition to the traditional War Pension. The lump sum will be tax-free.
Prior to this, a mesothelioma diagnosis could have qualified someone to receive a war disability pension up to PS32,000, regardless of whether they were divorced, single, or widowed. Civilians who have mesothelioma, however are eligible for PS600,000.000 under the government’s Diffuse Mesothelioma Scheme.
The new law will apply to all armed forces veterans diagnosed with mesothelioma who want to pursue this option. It will also be accessible to those who were exposed to asbestos both during their armed forces service and 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 help them understand the new laws and what they mean. We can help them determine the best way to receive compensation. This could include tracing businesses who are responsible for their asbestos exposure.
The lump sum amount will be PS140,000
The level of compensation awarded to patients is determined by various factors, like age, the impact mesothelioma has on life expectancy and the amount of care needed. It is also based on the impact mesothelioma’s disease has had on family members and whether or not the patient can work.
Asbestos victims should seek compensation from those accountable for their exposure to asbestos. For those who cannot locate the responsible parties, a federal program pays lump sums to mesothelioma victims. The average award is PS144,000.
Former servicemen diagnosed with mesothelioma compensation scheme diffuse weren’t eligible to claim an income for war-related disability under the Diffuse Mesothelioma Scheme 2008 It is a monthly payment dependent on the person’s age and the extent of their impairment. But, it’s a significantly smaller sum than the mesothelioma settlement for civilians that can be as high as six figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as an engineer in the naval sector of the Royal Navy between 1957 and 1965, has now been informed that he’ll be entitled to an amount of PS140,000 in one lump sum under the new law. He has mesothelioma – an incurable lung disease that is caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is a huge victory for mesothelioma patients who have suffered from the disease. The majority of Navy personnel, as well as many civilians, anchored in US ports during their career which exposed them to asbestos-related toxins. This is due to the extensive use of asbestos on American ships at this time. The signs of mesothelioma could not show up for years, leaving veterans with limited compensation options.
The Ministry of Defence has confirmed that mesothelioma sufferers who were not previously awarded an army pension will receive a lump sum amounting to PS140,000. This will be a significant improvement over the current amount that non-married veterans suffering from mesothelioma receive under the Diffuse Mesothelioma scheme.
This new payment will however be taken out of the current war pension an individual receives. This means it is important that anyone diagnosed with mesothelioma contemplating applying for this payment gets advice from experienced mesothelioma solicitors to ensure they get the best deal.
It’s a win for 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 demanded that the minister explain why the government is not respecting its promise to veterans. It has also threatened to withdraw from various forums in which it has been working with the Ministry of Defence.
The Legion’s interaction with the MoD is important but it has to be more productive to ensure that the community is looked after in a way that can make a difference to their lives. It is crucial to improve the feedback loop in forums so that issues that are not addressed in a consistent manner are recognized and the reasons for this are explained.
As the UK’s oldest and largest Armed Forces charity, the Royal British Legion is at the heart of the national network that provides assistance to members of the Armed Forces and their families. They are also the organisation that is best placed to understand the challenges that those who serve, have served and their widows and widowers.
The fact that mesothelioma patients are usually left without financial security is one of their most pressing concerns. The compensation available is not always enough to cover living expenses or medical expenses, and mortgages are usually difficult to obtain.
Asbest was used in shipbuilding among other Naval activities. Many veterans are struggling with their symptoms and the impact of their disease on their financial status.
However, there are a number of organizations that can assist with this. Mesothelioma lawyers can help secure legal compensation to be used for treatment and essential living expenses. Mesothelioma sufferers can also claim compensation from the companies who supplied asbestos products.
Veterans will be happy
Navy veterans diagnosed with mesothelioma are eligible to receive an amount of PS140,000 in one lump sum, the Ministry of Defence has announced. This will enable them to have significant financial aid to ease the financial burden that mesothelioma causes their families.
This news will be welcomed by the thousands of former military personnel who were diagnosed with mesothelioma. The law has been changed so that they can be paid a similar amount to civilian sufferers with mesothelioma compensation claims.
The change is the result of a campaign by the Royal British Legion and other groups, which led to the Prime Minister agreeing to investigate the issue. The MoD’s U-turn will allow many dying veterans who would have been eligible for a pension to opt for a lump-sum. This will provide them with the peace of mind they require and the financial security they need to live out the rest of their lives.
Asbestos is linked to mesothelioma. Although the symptoms can take years to manifest, even one exposure can increase your risk. The majority of mesothelioma compensation after death patients were exposed to asbestos while working, which includes in Navy shipyards. Last year the UK law was changed to allow employees 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 devastating illness that has affected many lives. The government’s decision to address the discrimination against veterans of the military is a huge victory.
But it’s not enough to end the suffering of mesothelioma patients and their families. They also need to seek compensation from the companies that supplied asbestos-related products to the armed forces. Veterans may be able file trust fund claims with a variety of different corporations, based on the place they worked, which could include shipyards, bases, and ships. This can include large multinationals with a long track record of selling asbestos products to the US Navy or other branches of the military.
