Mesothelioma Compensation and the Royal Navy
On the 16th of December, 2015, the Ministry of Defence changed their policy to allow military personnel diagnosed with mesothelioma to choose whether they want to receive a lump sum or a traditional war pension. The decision did not apply to all veterans already diagnosed with mesothelioma.
This includes Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as in civilian jobs. This was a huge injustice to them and their families.
The law has been amended
Mesothelioma is a severe form of terminal cancer that develops from exposure to asbestos. It can take a long time for symptoms to manifest and, once diagnosed, the majority of sufferers have a life expectancy of one or two years.
The decision of the Government to amend the law is a huge step forward. Veterans diagnosed with mesothelioma can decide to receive a pension or a lump sum of up to 140 000 francs. This is a greater amount than a typical civil award.
Before the changes, veterans of the armed forces diagnosed with mesothelioma had access to the War Disablement Pension. This was an income per month that was not appropriate for those suffering from severe long-term illnesses such as mesothelioma. The War Pension Scheme did not allow lump-sum compensation.
After a lot of lobbying, backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been changed to allow veterans of the armed forces diagnosed with mesothelioma to access an amount of up to PS140,000 in addition traditional War Pension. The lump sum will also be tax-free.
A mesothelioma diagnosis previously would have been eligible for a war disablement pension of up to PS32,000 in the event that the person was single, divorced or widowed. Civilians with mesothelioma, however could receive as much as PS600,000.000 under the government's Diffuse Mesothelioma program.
The new law will apply to all veterans of the armed forces diagnosed with mesothelioma and who wish to avail this option. The law will also apply to those who have been exposed to asbestos during their service as well as outside of it, also referred to as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other armed service personnel with their mesothelioma lawsuit. We can help them understand the new law and what is involved. We can also help them discover the best way to obtain compensation. This could include tracing companies that are accountable for their asbestos exposure.
The lump sum will be PS140,000.
Compensation is determined by a variety of factors, such as age, life expectancy after mesothelioma as well as the amount of care required. It also takes into account the impact mesothelioma's disease has caused on family members as well as whether or not the individual is able to continue working.
compensation due to mesothelioma must seek compensation from those responsible for their exposure to asbestos. For those who are unable to find those responsible the government scheme will pay a lump sum to victims of mesothelioma. The average amount awarded is around 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 based on the individual's age and degree of disability. This is a lower amount than the mesothelioma for civilians settlement, which could be in six figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineering between 1957 and 1964 was informed that he is entitled to a lump-sum payment of PS140,000, as per the new law. He has mesothelioma - an incurable lung disease that is caused by asbestos exposure.
Simpson Millar, a mesothelioma lawyer, believes this is a major victory for veterans who have mesothelioma. 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 widespread use of asbestos on American ships at this time. The symptoms of mesothelioma may not show up for years and leave veterans with a only a few options for compensation.
The Ministry of Defence confirmed that Mesothelioma patients who had not received a war-pension, will be offered up to PS140,000 in a lump-sum payment. This is a significant increase from the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
This new payment will however be taken out of the current war pension an individual receives. It is therefore important that anyone with mesothelioma who is thinking about applying for this benefit seek advice from a seasoned mesothelioma lawyer to ensure that they get the best price.
It is a victory for the Royal British Legion
The Royal British Legion has delivered an uncompromising rebuke to government over claims that it has not acted on its promise to make the military covenant a permanent part of in law. 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 a number of forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial however, it needs to be more effective to ensure that the community's needs are met in a way that has a positive impact on their lives. It is crucial to improve the feedback loops in forums so that problems that aren't addressed in a consistent manner are recognized and the reasons behind this are made clear.
The Royal British Legion, as the UK's largest and oldest Armed Forces Charity, is situated at the heart of a national network that offers support to members of the Armed Forces. The Royal British Legion is the best organization to understand the challenges facing those who have served, their widows and orphans, and their families.
One of the major problems for mesothelioma sufferers is that they are often left without financial security because of their disease. The compensation available is not always enough to cover the living expenses or medical expenses, and mortgages are usually difficult to get.
Asbest was used in shipbuilding, as well as 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.
However there are a variety of organisations that can help with this. Mesothelioma lawyers can help secure legal compensation to be used for treatment and essential living expenses. Additionally, mesothelioma patients are also able to file claims for compensation from companies that supplied asbestos-related products.
It will be a welcome sight for veterans
The Ministry of Defence announced that Navy veterans suffering from mesothelioma will be able to receive a lump-sum payout of PS140,000. The Ministry of Defence announced that Navy veterans diagnosed with mesothelioma will be able to access the lump sum of PS140,000.
This news will be greeted by the thousands of former military personnel who have been diagnosed with mesothelioma. The law has been modified so that they are paid a similar amount to civilian sufferers with a mesothelioma compensation claim.
The change is the result of a campaign by the Royal British Legion and other groups, which led to the Prime Minister making a commitment to look at the issue. The U-turn by the MoD will allow many veterans dying of illness, who would have qualified for a war pension, to pick lump amount. This will give them 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. It can take a long time before symptoms begin to show up but just one exposure can increase the chance of developing the condition. The vast majority of mesothelioma victims were exposed to asbestos at work, including at Navy shipyards. In the past year, the UK law was changed to allow workers who were exposed to asbestos at work to sue their employers. However many veterans aren't aware that they may be entitled to compensation from the government.
Mesothelioma is a debilitating cancer and there aren't words to express the way that it has affected so many lives. The decision by the government on how to deal with the unfair treatment of veterans is a huge victory.
However, it is not enough to stop the suffering of veterans who have mesothelioma as well as their families. They'll also have to seek compensation from companies that supplied the armed forces with asbestos-based products. Depending on the shipyards and bases and ships that they worked on, veterans may be able to claim trust fund compensation against various 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.