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 a lump-sum payment or a traditional war pension. The change did not apply for all veterans who were already diagnosed with mesothelioma.
This includes Rhod Palmer and Fred Minall, who were exposed to asbestos while in their military service as well as civilian jobs. This was a terrible injustice to 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. The symptoms can take years to appear and, once diagnosed with the disease sufferers are only expected to live one or two more years.
The decision of the Government to amend the law is a major step forward. In April 2016, veterans of the armed forces diagnosed with mesothelioma will be able to choose whether to receive a pension or a lump sum of up to PS140,000. This is a significantly greater amount than a typical civil award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma could claim mesothelioma benefits through a War Disablement Pension. It was an income per month, which was not suitable for those suffering from serious long-term illnesses such as mesothelioma. The War Pension Scheme did not provide lump-sum compensation.
After claiming compensation for mesothelioma , supported 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 diagnosed with mesothelioma access to an amount of lump sums up to PS140,000 in addition to the traditional War Pension. The lump sum is also tax-free.
Previously, a mesothelioma diagnosis would have been eligible for an income from wartime disability of up to PS32,000 if the patient was single or divorced. Contrary to this, civilians diagnosed with mesothelioma can receive up to PS600,000. This is under the Government's Diffuse Mesothelioma Scheme.
All veterans of the armed forces diagnosed with mesothelioma will be eligible to opt for this option. The law will also apply to those who have been exposed to asbestos during their service and outside it, also known as "dual exposure".
Mesothelioma UK is already helping former soldiers, sailors and other military personnel with their mesothelioma claim. We can help them to learn about the new law and the issues involved. We can also assist them to find out about the best method to get compensation. This can include tracing the companies that may be responsible for their exposure to asbestos.
The lump sum will be PS140,000
Compensation is determined by a variety of variables, including age, life expectancy following mesothelioma, and the amount of care needed. The amount of compensation awarded to sufferers is based on a range of factors, including age, the impact mesothelioma can have on life expectancy and how much care they need.
Asbestos victims must seek compensation from the people responsible for their exposure to asbestos. If they are unable to find those responsible, a government-sponsored scheme pays a lump sum to victims of mesothelioma. The average award is approximately PS144,000.
Former servicemen who were diagnosed with mesothelioma diffuse were eligible to claim a pension for war disability under the Diffuse Mesothelioma Scheme 2008 This is a monthly payment that is based on the person's age and the severity of their disability. This is a smaller amount than the mesothelioma for civilians settlement, which can be in six figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineer between 1957 and 1964 was 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.
Simpson Millar, a mesothelioma lawyer, says that this is a major victory for veterans with mesothelioma. Most Navy personnel, along with many civilians, were docked in US ports throughout their careers and were exposed to asbestos-related toxins. This is because of the widespread use of asbestos in American ships during this period. Symptoms of mesothelioma can take a long time to show up, and as a result the patients are often left with limited options to seek compensation.
The Ministry of Defence has confirmed that mesothelioma patients who have not been previously granted an army pension will receive an amount of lump sum up to PS140,000. This is a significant increase from the current amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
The new payment will be taken out of the current war pension that an individual receives. As a result, it is essential that anyone diagnosed with mesothelioma who is considering applying for this new payment gets advice from experienced mesothelioma lawyers to ensure they receive the right deal.
It is a victory for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for allegedly not keeping its promise to legislate the military covenant. The charity has urged the minister responsible to explain the reason for refusing to honor its pledge to veterans and has threatened to withdraw of a number of forums in which it engages with the Ministry of Defence.
Engagement of the Legion with the MoD is vital however, it needs to be more effective to ensure that the community's needs are addressed in a manner which makes a real impact on their lives. It is crucial to improve the feedback loop on forums to ensure that issues that are not addressed in a consistent way are identified, and the reasons for this are explained.
The Royal British Legion, as the UK's biggest and oldest Armed Forces Charity, is at the centre of a larger network that offers support to members of the Armed Forces. The Royal British Legion is the only organization to understand the challenges that confront those who served as soldiers, their widows and orphans and their families.
Patients with mesothelioma are often left with no financial security is among their main worries. The compensation available isn't always enough to cover the living expenses or medical costs, and mortgages are usually difficult to obtain.
This is particularly true for Navy veterans who have been diagnosed with mesothelioma, since asbestos was widely used in shipbuilding and other Naval activities. Many veterans are struggling with their health issues and the effects of their disease on their financial situation.
However there are a lot of organisations that can help in this. Mesothelioma lawyers can assist in obtaining legal compensation to be used for treatment and essential living expenses. Patients with mesothelioma can also claim compensation from companies that supplied asbestos products.
Veterans will welcome it
The Ministry of Defence announced that Navy veterans suffering from mesothelioma will be able to get a lump-sum payment of PS140,000. The Ministry of Defence announced that Navy veterans diagnosed with mesothelioma will be eligible to access an amount of PS140,000 in a lump sum.
This news will be greeted by the thousands of former service personnel diagnosed with mesothelioma. The law has been changed so that they are paid a similar amount as civilian sufferers who have mesothelioma compensation claims.
The change is a result of the campaigning of the Royal British Legion and other groups, which resulted in the Prime Minister agreeing to investigate the issue. The change made by the MoD will allow many dying veterans, who would have qualified for a war pension to pick 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 is linked to mesothelioma. Although the symptoms can take a long time to manifest, even one exposure can increase your risk. The majority of mesothelioma patients were exposed to asbestos while working, which includes in Navy shipyards. In the past year, the UK law was amended to allow employees who were exposed to asbestos at work to sue their employers. However many veterans aren't aware that they could 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 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 veterans who have mesothelioma and their families. They also have to seek compensation from companies that supplied the armed forces with asbestos-based products. Veterans may be able to 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 a number of large multinationals that have been known to sell asbestos-related products to the US Navy and other branches of the Armed Forces.