Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to give service members suffering from mesothelioma to choose between an amount in lump sum or a traditional war pension. But the decision did not apply to all veterans who had already been diagnosed with the disease.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as civilian jobs. This was a terrible injustice to them and their families.
The law has been modified
Mesothelioma is an aggressive type of cancer that develops from exposure to asbestos. It can take years before symptoms are evident and once diagnosed, most sufferers will live for a minimum of only one or two years.
The Government's decision to change the law is a huge step in the right direction. In April 2016, veterans of the armed forces diagnosed with mesothelioma will be able to decide whether they want to receive their pension or a lump sum amounting to PS140,000. This is a significantly greater amount than a typical civil award.
Prior to the changes, veterans of the armed forces who were diagnosed with Mesothelioma only had access to a War Disablement Pension. This was an income per month that was not appropriate for people with serious long-term diseases such as mesothelioma. The War Pension Scheme did not allow lump-sum compensation.
After intense lobbying, and 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 who have been diagnosed with mesothelioma to receive an amount of lump sums up to PS140,000, in addition to the traditional War Pension. The lump sum will be tax-free.
Prior to this, mesothelioma patients was a valid reason to receive an income from wartime disability of up to PS32,000 in the event that the person was single divorced, widowed or divorced. Civilians with mesothelioma, on the other hand, can receive up PS600,000.000 under the government's Diffuse Mesothelioma program.
All veterans of the armed forces diagnosed with mesothelioma will be able to choose this option. The law will also be applicable to those who have been exposed to asbestos during their military service and also outside of it, also referred to as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other military personnel with their mesothelioma claims. We can help them be aware of the new law and the issues involved. We can also assist them in determining the best way to receive compensation. This can include tracing the companies that are responsible for their exposure to asbestos.
The lump sum will be PS140,000.
The amount of compensation paid to patients is determined by several factors, including age, the effect mesothelioma has on life expectancy and the amount of care needed. It also takes into account the effect mesothelioma's cancer has had on family members and whether or not the person can continue to work.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. However, for those who are unable to identify the responsible parties, a government scheme pays a lump sum to victims of mesothelioma. The average amount awarded is about PS144,000.
In the past, ex-servicemen who were diagnosed with mesothelioma could only claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. It is a monthly sum that is based on the person's age and degree of disability. However, it is considerably less than civilian mesothelioma compensation that can exceed six figures.
Fred Minall from Northampton who served 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, under the new law. He has mesothelioma - an incurable lung disease caused by asbestos exposure.
Simpson Millar, a mesothelioma lawyer, says that this is a significant victory for veterans who have mesothelioma. The majority of Navy personnel as well as a lot of civilians, were docked at US ports throughout their career where they were exposed to harmful asbestos fibres. This is due to the widespread use of asbestos on American ships at this time. Symptoms of mesothelioma can take a long time to manifest and, as a consequence that veterans are often left with fewer options for compensation.
The Ministry of Defence confirmed that Mesothelioma sufferers, who had never received a war-pension will be offered up to PS140,000 in a lump-sum payment. This is a significant increase over the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However, this new payment will be deducted from any war pension an individual receives. As a result, it is crucial that anyone diagnosed with mesothelioma who is considering applying for this new payment seeks the advice of experienced mesothelioma attorneys to ensure they get the best deal.
It's a win for Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for allegedly not keeping its pledge to legislate the military covenant. The charity has asked the minister to explain why the government is not honouring its commitment to veterans. It has also threatened to pull out of a number of forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is essential, but it must be more effective to ensure that the needs of the community are met in a manner that has a positive impact on their lives. It is essential that the feedback loop within forums is improved to ensure that all issues that are not being addressed are understood and the reasons behind this are made clear.
The Royal British Legion, as the largest and most enduring Armed Forces Charity, is situated at the heart of a nationwide network that provides support for members of the Armed Forces. They are also the group that is the most suited to understand the challenges faced by those who are serving and have served as well as their widows and widowers.
One of the biggest issues for mesothelioma patients is that they are often left without a financial security because of their disease. The compensation offered is often not enough to cover the cost of living or medical expenses, and it's usually not feasible to obtain a mortgage.
Asbest was used in shipbuilding among other Naval activities. This has left many veterans struggling to cope with the symptoms of their illness and the impact it has on their financial position.
There are a variety of organizations that can help. For instance, mesothelioma lawyers can help to secure legal compensation for patients, which can be used to pay for treatment or to cover essential living expenses. Mesothelioma sufferers can also claim 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 are able to receive a lump-sum payout of PS140,000. The Ministry of Defence has announced that Navy veterans diagnosed with mesothelioma will be able to access an amount of PS140,000 in a lump sum.
Former service members who have been diagnosed with mesothelioma will be delighted by this news. The law has been changed to allow them to receive the same amount of compensation as civilians with mesothelioma cases.
The change came about in response to an initiative by the Royal British Legion, and other groups. This led to the Prime Minster agreeing to investigate the issue. The decision by the MoD will allow many veterans who are dying, and could have qualified for a war pension to receive a lump amount. This will provide them with the peace mind they require and the financial security they require to live the rest of their life.
Asbestos exposure can be linked to mesothelioma. It can take a long time before symptoms begin to show up but even a single exposure can increase the chance of developing the condition. 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 amended to allow employees who were exposed to asbestos in the workplace to sue their employers. However many veterans are not aware that they could be eligible for compensation from the government.
Mesothelioma has been a terrible disease that has impacted many lives. The decision of the government regarding how to address the unfair treatment of veterans is an enormous victory.
However, it's not enough to alleviate the suffering of veterans suffering from mesothelioma and their families. They will also have to seek compensation from the companies that supplied asbestos-related products to the military. mesothelioma compensation claim may be able file trust fund claims against a variety of different corporations based on where they worked, which could include bases, shipyards, and ships. This could include multinational corporations with a long track record of selling asbestos-related products to the US Navy or other branches of the military.