Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to allow service personnel with mesothelioma the option to receive a lump-sum payment or a traditional war pension. The decision, however, was not applicable to all veterans who had already been diagnosed with the disease.
Rhod Minall and Fred Palmer were also affected, as they were exposed to asbestos during their military service or at civilian jobs. This was a huge injustice for them and their families.
The law has changed
Mesothelioma, an aggressive terminal cancer that is caused by exposure to asbestos, can take decades to develop. It can take a long time before symptoms are evident and, once diagnosed, the majority of sufferers live a lifespan of one or two years.
It is a significant move that the Government has decided to amend the law. In April 2016, armed forces veterans diagnosed with mesothelioma will have the option to decide whether they want to receive their pension or receive a lump sum amounting to PS140,000. This is a much greater amount than a typical civil award.
Before the changes, veterans of the armed forces who were diagnosed with Mesothelioma only had access to a War Disablement Pension. This only provided an income per month which was not suitable for those suffering from serious long-term diseases such as mesothelioma. In addition, it was not possible to access lump sum compensation under the War Pension Scheme.
After a lot of lobbying, which was supported by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been amended to allow veterans of the armed forces diagnosed with mesothelioma to receive a lump sum amounting to PS140,000 in addition to traditional War Pension. The lump sum is tax-free.
A mesothelioma diagnosis previously could have earned an income from wartime disability of up to PS32,000 if the person was single or divorced. However, civilians who have mesothelioma can receive up to PS600,000 in the Government's Diffuse Mesothelioma Scheme.
The new law will apply to all veterans of the armed forces diagnosed with mesothelioma who wish to avail this option. It will also be accessible to those who were exposed to asbestos both during their military service and also outside of it known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other military personnel with mesothelioma-related claims. We can assist them to understand the new laws and what they mean. We can help them determine the best way to receive compensation. This may include tracing companies that are responsible for their asbestos exposure.
The lump amount will be PS140,000.
The amount of compensation paid to patients is determined by various factors, like age, the impact mesothelioma has on life expectancy 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 work.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. If they are not able to locate the responsible party, a government scheme pays an amount in lump sum to patients of mesothelioma. The amount that is awarded is about PS144,000.
Former servicemen who were diagnosed with mesothelioma diffuse were entitled to an income for war-related disability under the Diffuse Mesothelioma Scheme 2008 It is a monthly payment based on an individual's age and the degree of their disability. However, mesothelioma compensation for family members is a significantly smaller sum than mesothelioma compensation for civilians, which can reach six-figures.
Fred Minall, 74 from Northampton Fred Minall, 74, from Northampton, who was an engineer in the naval sector of the Royal Navy between 1957 and 1965, has now been told that he'll be entitled to a lump sum of PS140,000 under the new law. He is suffering mesothelioma which is an incurable lung condition that is caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, says that this is a significant victory for veterans with mesothelioma. The majority of Navy personnel as well as a lot of civilians, anchored at US ports throughout their career where they were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos on American ships at this time. The signs of mesothelioma might not show up for years and leave veterans with a only a few options for compensation.
The Ministry of Defence confirmed that veterans with Mesothelioma who had never received a war-pension, will receive up to PS140,000 in a lump-sum payment. This is a significant increase over the current amount non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However this new payment will be taken from any existing war pension an individual receives. It is therefore important that anyone suffering from mesothelioma who is considering applying for this benefit seeks the advice of an experienced mesothelioma lawyer to ensure that they get the best price.
It's a win to the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government over failing to keep its promise to legislate the military covenant. The charity has asked the minister to explain why the government isn't honouring its commitment to veterans. It has also threatened to pull out of various forums where it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is vital but it has to be more effective to ensure that the needs of the community are met in a way that has a significant impact on their lives. It is crucial to improve the feedback loop on forums to ensure that issues that aren't addressed consistently are understood and the reasons behind this are clearly explained.
The Royal British Legion, as the UK's largest and oldest Armed Forces Charity, is at the centre of a nationwide network of support for members of the Armed Forces. The Royal British Legion is the best organisation to understand the issues facing those who have served as soldiers, their widows and orphans, and their families.
Patients with mesothelioma are often left with no financial security is among their biggest worries. The amount of compensation available is often not enough to cover the costs of living or medical expenses, and it is often not possible to get a mortgage.
This is especially applicable to Navy veterans who have been diagnosed with mesothelioma, because asbestos was utilized in shipbuilding and other Naval activities. Many veterans are struggling with the symptoms of their disease and the effects on their financial position.
There are a variety of organizations which can help. Mesothelioma lawyers can assist in obtaining legal compensation that can be used to treat and for essential living expenses. In addition, mesothelioma sufferers are also able to file an application for compensation from the companies that provided asbestos-containing products.
It will be welcomed by veterans
The Ministry of Defence announced that Navy veterans with mesothelioma are able to get a lump-sum payment of PS140,000. This will enable them to receive a substantial financial aid to ease the financial pressure that mesothelioma can cause their families.
This news will be greeted by the thousands of former service personnel diagnosed with mesothelioma. The law has been amended to allow them to receive a similar compensation amount as civilians who have mesothelioma claims.
The change is a result of a campaign by the Royal British Legion and other groups, which resulted in the Prime Minister making a commitment to examine the issue. The MoD's decision to change its policy will allow many dying veterans who would have been eligible for pensions to receive a lump sum. This will provide them with the peace of mind they require as well as the financial assistance they need to live out the rest of their life.
Asbestos exposure is linked to mesothelioma. Although the symptoms can take years to show up, just one exposure could increase your risk. The vast majority mesothelioma patients were exposed to asbestos while working, including in Navy shipyards. The UK law was amended last year to permit people to sue employers if exposed to asbestos in the workplace However, many veterans are still unaware that they can seek compensation from the government.
Mesothelioma is a devastating illness that has had a devastating impact on many lives. The decision of the government to address the discrimination against veterans of the military is a significant victory.
However, it's not enough stop the suffering of mesothelioma patients as well as their families. They will also have to seek compensation from companies that supplied asbestos-related products to the armed forces. Veterans may be able file trust fund claims with several different corporations depending on where they worked, including shipyards, bases, and ships. This could include a number of multinationals with a history of selling asbestos-related products to the US Navy and other branches of the armed forces.