Mesothelioma Compensation and the Royal Navy
On 16 December 2015, the Ministry of Defence changed their policy to allow service personnel diagnosed with mesothelioma to decide whether to receive a lump sum or a traditional war pension. However, the change did not apply to all veterans who had been diagnosed with the disease.
Rhod Minall and Fred Palmer were also affected, because they were exposed to asbestos during 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 is a deadly, terminal cancer caused by asbestos exposure, can take decades to develop. It can take decades before symptoms are evident and once diagnosed, many sufferers have a life expectancy of just one or two years.
The government's decision to alter the law is a huge step forward. From April 2016, veterans of the armed forces diagnosed with mesothelioma will be able to decide whether they want to receive their pension or receive a lump sum of up to PS140,000. This is a significantly higher compensation than the average civil award.
Prior to the changes, veterans of the armed forces diagnosed with Mesothelioma only had access to an War Disablement Pension. It was a regular monthly income and was not suitable for those suffering with serious chronic illnesses like mesothelioma. The War Pension Scheme did not provide lump-sum compensation.
After extensive lobbying, backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been changed to allow armed forces veterans diagnosed with mesothelioma access to a lump sum amounting to PS140,000, in addition to traditional War Pension. The lump sum will be tax-free.
Prior to this, a mesothelioma diagnosis could have qualified someone for a war disability pension of up to PS32,000 regardless of whether they were single, divorced, or widowed. Civilians who have mesothelioma, however could receive as much as PS600,000.000 under the government's Diffuse Mesothelioma program.
All veterans of the armed forces diagnosed with mesothelioma will be able to opt for this option. It is also accessible to those who were exposed to asbestos both during their time in the armed forces and outside of it known 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 law and what is involved. We can also assist them in determining the best method to receive compensation. This can include tracing the companies that are responsible for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a number of variables, including the age of the person, their life expectancy following mesothelioma 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 individual can work.
Asbestos victims should seek compensation from those accountable for their exposure to asbestos. If they cannot find the responsible parties, a government program will pay lump sums to mesothelioma patients. The average amount awarded is about PS144,000.
Former servicemen diagnosed with mesothelioma diffuse were able to claim an income for war-related disability under the Diffuse Mesothelioma Scheme 2008 This is a monthly payment based on the individual's age and the severity of their disability. This is a much smaller amount than the mesothelioma for civilians settlement, which is in the six figures.
Fred Minall from Northampton who served in the Royal Navy as a naval engineer between 1957 and 1964 has been informed that he is entitled to a lump-sum payment of PS140,000, under the new law. He has mesothelioma - an incurable lung disease caused by exposure to asbestos.
According to mesothelioma lawyers, Simpson Millar, this is a huge victory for patients with mesothelioma. The majority of Navy personnel, as well as many civilians, anchored at US ports throughout their careers where they were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos in American ships at the time. Mesothelioma symptoms can take decades to manifest and, as a consequence that veterans are often left with only a few 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 substantial improvement on the current amount that veterans who are not married with mesothelioma receive under the Diffuse Mesothelioma scheme.
The new payment will be subtracted from the current war pension that an individual receives. compensation due to mesothelioma is therefore important that anyone with mesothelioma is thinking about applying for this type of payment seeks the advice of an experienced mesothelioma lawyer to ensure they get the best price.
It's a win for the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government for allegedly failing to keep its promise to legislate the military covenant. The charity has urged the minister responsible to explain the reason for not delivering on its promise to veterans and has threatened to pull out from a variety of forums in which it engages with the Ministry of Defence.
The Legion's involvement with the MoD is vital, but it needs to be more productive in order to ensure that the community is taken care of in a manner that makes a real difference to their lives. It is essential to improve the feedback loops in forums to ensure that any issues that are not addressed consistently are understood and the reasons for this are made clear.
As the country's oldest and largest Armed Forces charity, the Royal British Legion is at the heart 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 comprehend the issues facing those who have served, their widows and orphans and their families.
The fact that patients with mesothelioma are often left without financial security is one of their biggest concerns. The compensation available is not always enough to cover the living expenses or medical costs, and mortgages are often impossible to get.
This is especially applicable to Navy veterans who have been diagnosed with mesothelioma, as asbestos was used in shipbuilding and other Naval activities. This has left many veterans struggling to manage the symptoms of their disease and the impact it has on their financial position.
There are a variety of organizations that can help. For instance, mesothelioma lawyers can assist in obtaining 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 the companies that supplied asbestos products.
Veterans will be delighted.
The Ministry of Defence announced that Navy veterans with mesothelioma can access a lump-sum payment of PS140,000. This will allow them to have significant financial aid to ease the financial pressure that mesothelioma can cause their families.
Former service members who have been diagnosed with mesothelioma will welcome this news. The law has been amended to allow them to receive a similar amount of compensation like civilians with mesothelioma lawsuits.
The change is the result of a campaign by the Royal British Legion and other groups, which led to the Prime Minister pledging to look at the issue. The change made by the MoD will allow many veterans who are dying, and could have been eligible for a war pension, to receive a lump sum. This will give them the peace of mind they need and the financial security they need to live out the rest of their lives.
Asbestos is associated with mesothelioma. Even though symptoms can take decades to manifest, even one exposure can increase the risk. The vast majority of mesothelioma sufferers were exposed to asbestos while working, including in Navy shipyards. The UK law changed last year to permit people to sue employers if they were exposed to asbestos in the workplace however, many veterans are not aware that they are able to seek compensation from the government.
Mesothelioma is a debilitating disease and there are no words to describe the way it has affected many lives. The government's decision on how to handle the unfair treatment of veterans is an enormous victory.
However, it's not enough to stop the suffering of mesothelioma patients and their families. They will also have to seek compensation from the companies that supplied asbestos products to the armed forces. Depending on the shipyards, bases and ships that they worked on, veterans might be able to file trust fund claims against a variety of corporations. This could include a range of multinational corporations that have been known to sell asbestos-related products to the US Navy and other branches of the military.