Mesothelioma Compensation and the Royal Navy
On the 16th of December, 2015, the Ministry of Defence changed their policy to allow service members 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 already been diagnosed with the disease.
This includes Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as civilian jobs. This was a massive injustice for them as well as their families.
The law has been amended
Mesothelioma is a deadly, terminal cancer that is caused by exposure to asbestos, can take decades to manifest. The symptoms can take several years to show up and, after being diagnosed with the disease, sufferers are only expected to live one or two more years.
It is a significant move that the government has taken the decision to amend the law. Veterans who are diagnosed with mesothelioma could opt to receive a pension, or a lump sum of up to 140 000 francs. This is a more substantial amount than the typical civil award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma could receive the War Disablement Pension. This only provided a monthly income which was not suitable for those suffering from severe chronic diseases like mesothelioma. In addition, it was not possible to receive lump sum compensation under the War Pension Scheme.
After a lot of lobbying, which was 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 an amount of up to PS140,000 in addition to a traditional War Pension. The lump sum will be tax-free.
Prior to this, mesothelioma patients was a valid reason to receive a war disablement pension of up to PS32,000 if the patient was single or divorced. Civilians who have mesothelioma, on the other hand could receive as much as PS600,000.000 under the government's Diffuse Mesothelioma scheme.
The new law will be applicable to all veterans of the armed services diagnosed with mesothelioma who wish to pursue this option. veterans compensation for mesothelioma 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 has already started helping former sailors and other armed services personnel with mesothelioma claims. We can help them to be aware of the new law and what is involved. We can also help clients to determine the best method of obtaining compensation. This can include tracing the companies that may be accountable for their exposure to asbestos.
The lump sum amount will be PS140,000
The level of compensation awarded to patients is determined by several factors, such as age, the impact mesothelioma has on the lifespan and the level of care required. It also takes into account the impact mesothelioma has had on family members and whether or not the patient is able to continue working.
Asbestos victims must seek compensation from those responsible for their exposure to asbestos. If they cannot find the responsible parties, a government program pays lump sums to mesothelioma patients. The average amount paid is about PS144,000.
Former servicemen who were diagnosed with diffuse mesothelioma were only entitled to an income for war-related disability under the Diffuse Mesothelioma Scheme 2008 This is a monthly amount that is based on the person's age and level of disability. However, this is a significantly smaller sum than mesothelioma compensation for civilians that can be as high as six figures.
Fred Minall, 74 from Northampton Fred Minall, 74, from Northampton, who was a naval engineer in the Royal Navy between 1957 and 1965, has now been told that he will be entitled to a lump sum of PS140,000 under the new law. He is suffering from mesothelioma, an incurable lung condition caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is a huge win for veterans with mesothelioma. The majority of Navy personnel and a large number of civilians, anchored at US ports throughout their career in which they were exposed to harmful asbestos fibres. This is due to the widespread use of asbestos on American ships during this time. Mesothelioma symptoms can take decades to manifest and, as a result the patients are often left with fewer 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 over the current amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
However, this new payment will be deducted from any war pension that an individual is entitled to. Therefore, it is important that anyone diagnosed with mesothelioma who is considering applying for this new payment seeks the advice of experienced mesothelioma solicitors to ensure they get the best deal.
It's a win to the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government over not keeping its pledge to legislate the military covenant. The charity has called on the minister responsible to explain the reasons for not delivering on its promise to veterans and has threatened to pull out of a number of forums in which it cooperates with the Ministry of Defence.
Engagement of the Legion with the MoD is essential, but it must be more effective to ensure the community's needs are met in a way which makes a real impact on their lives. It is essential to improve the feedback loop in forums so that problems that aren't 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 located at the heart of a larger network that offers support to members of the Armed Forces. The Royal British Legion is the best organisation to comprehend the issues facing those who have served as their widows or orphans, and their families.
One of the most significant problems for mesothelioma sufferers is that they are frequently left without financial security because of their disease. The compensation that is available is usually not enough to cover the costs of living or medical expenses, and it is usually not feasible to obtain a mortgage.
Asbest was used in shipbuilding, among other Naval activities. Many veterans are struggling to cope with their symptoms and the impact of their disease on their financial status.
However there are a lot of organisations that can help in this. Mesothelioma attorneys can help secure legal compensation that can be used for treatment and essential living expenses. In addition, mesothelioma sufferers can also make a claim for compensation from companies that supplied them with asbestos products.
Veterans will be delighted.
Navy veterans diagnosed with mesothelioma are eligible to receive a lump sum of PS140,000 according to the Ministry of Defence has announced. This will allow them to have significant financial support to ease the financial burden that mesothelioma has caused for their families.
Former service members who have been diagnosed with mesothelioma will welcome this news. The law has been modified so that they can be paid the same amount as civilian sufferers with mesothelioma compensation claims.
The change came about as a result of a campaign by the Royal British Legion, and other groups. This resulted in the Prime Minister declaring that he would investigate the issue. The MoD's U-turn will allow a number of dying veterans who were entitled to a pension to receive a lump sum. This will provide them with the peace of mind they seek and the financial support they need to live out the rest of their life.
Asbestos is linked to mesothelioma. Although the symptoms can take years to show up, just one exposure can increase the risk. The majority of mesothelioma patients were exposed to asbestos while working, including in Navy shipyards. Last year the UK law was amended to allow employees who were exposed to asbestos while at work to sue their employers. However, many veterans are unaware that they could be entitled to compensation from the government.
Mesothelioma is a devastating disease and there are no words to describe the way that it has affected so many lives. The decision of the government to address the unfair treatment of veterans of the military is a huge victory.
However, it's not enough to stop the suffering of mesothelioma patients and their families. They will also need to seek compensation from the companies who supplied the military with asbestos products. Veterans may be able file trust fund claims with several different corporations, based on the place they worked, including bases, shipyards and ships. These could include large multinationals with a long track record of selling asbestos-related products to the US Navy or other branches of the military.