Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to give service members suffering from mesothelioma to choose between an amount in 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 and in civilian jobs. This was a major injustice for them as well as their families.
The law has changed
Mesothelioma is a virulent type of cancer that is caused by exposure to asbestos. The symptoms can take years to manifest and, once diagnosed with the disease, sufferers are likely to live a few more years.
The Government's decision to change the law is a major step in the right direction. In April 2016, veterans of the armed services diagnosed with mesothelioma will have the option to decide whether they want to receive their pension or receive an amount of lump sum up to PS140,000. This is substantially more than the average civilian compensation award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only be eligible for mesothelioma benefits through a War Disablement Pension. This was a limited benefit that only offered an income that was regular and monthly, and was not appropriate for those suffering with serious long-term illnesses such as mesothelioma. Additionally it was not possible to receive lump sum compensation under the War Pension Scheme.
After a long period of lobbying, which was supported 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 access to a lump sum of up to PS140,000 in addition the traditional War Pension. The lump sum will also be tax-free.
Prior to this, mesothelioma patients would have been eligible for a war disablement pension of up to PS32,000 in the event that the person was single divorced, widowed or divorced. Civilians with mesothelioma, however are eligible for PS600,000.000 under the government's Diffuse Mesothelioma program.
All veterans of the armed forces diagnosed with mesothelioma will be able to choose this option. It will also be accessible to those who were exposed to asbestos both during their armed forces service and outside of it also, referred to as 'dual exposure'.
Mesothelioma UK is already helping former sailors, soldiers and other service members with their mesothelioma claim. We can assist them to learn about the new law and what is involved. We can also assist them in determining the best method to receive compensation. This could include tracing companies who are responsible for their asbestos exposure.
The lump sum will be PS140,000
The amount of compensation given to patients is determined by a range of factors including age, the effect mesothelioma has on the lifespan and the level of care required. It is also based on the impact mesothelioma has affected family members and whether or not the patient can work.
Asbestos victims have to seek compensation from the asbestos exposure responsible parties. If they are unable to locate the responsible parties, a government program pays lump sums to mesothelioma patients. The average award is approximately PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma were able to be eligible for a war-related disability pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment dependent on the person's age and the extent of their impairment. However, mesothelioma navy compensation is a significantly smaller sum than the mesothelioma settlement for civilians that can exceed six figures.
Fred Minall from Northampton who was a member of the Royal Navy as a naval engineering officer between 1957 and 1964 was informed that he is entitled to a lump sum payment of PS140,000, as per the new law. Mesothelioma is an incurable lung disease that is caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes this is a major victory for veterans with mesothelioma. The majority of Navy personnel and a large number of civilians, docked at US ports throughout their career where they were exposed harmful asbestos fibres. This is due to the extensive use of asbestos on American ships in the current. The signs of mesothelioma might not appear for decades and leave veterans with a limited compensation options.
The Ministry of Defence has confirmed that mesothelioma sufferers who were not previously awarded an army pension will be offered a lump sum of up to PS140,000. 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 taken from any existing war pension that an individual is entitled to. It is therefore important that anyone suffering from mesothelioma who is considering applying for this type of payment seeks the advice of an experienced mesothelioma attorney to ensure they get the best deal.
It is a victory for the Royal British Legion
The Royal British Legion has delivered an enraged rebuke to the government over claims that it has not acted on its commitment to establish the military covenant in law. The charity has asked the minister to explain why the government is not honouring its commitment to veterans. It has also threatened to withdraw from various forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial but it has to be more efficient to ensure that the community's needs are met in a way which makes a real impact on their lives. It is important to improve the feedback loops on forums to ensure that problems that aren't addressed in a consistent way are identified and the reasons for this are clearly explained.
As the oldest and largest Armed Forces charity, the Royal British Legion is at the center of the national network that provides support to members of the Armed Forces and their families. They are also the organization that is best placed to comprehend the challenges that those who serve and have served as well as their widows and widowers.
One of the biggest issues for mesothelioma patients is that they are frequently left without a financial security as a result of their illness. The compensation that is available is usually not enough to cover the cost of living or medical expenses, and it's usually not feasible to obtain a mortgage.
Asbest was used in shipbuilding, among other Naval activities. This has left many veterans struggling to manage the symptoms of their disease and the effects on their financial position.
There are a variety of organizations which can help. Mesothelioma attorneys can help secure legal compensation which can be used to pay for treatment and essential living expenses. Mesothelioma sufferers can also claim compensation from the companies who supplied asbestos products.
It will be a welcome sight for veterans
The Ministry of Defence announced that Navy veterans with mesothelioma can access a lump-sum payment of PS140,000. The Ministry of Defence has announced that Navy veterans with mesothelioma will be able to access a lump sum of PS140,000.
Former service personnel who have been diagnosed with mesothelioma will welcome this news. The law has been modified so that they can be paid a similar amount as civilian patients who have a mesothelioma compensation claim.
The change is a result of campaigning by the Royal British Legion and other groups, which resulted in the Prime Minister making a commitment to look at the issue. The U-turn by the MoD will allow many veterans who are dying, and would have qualified for a war pension to receive the lump sum. This will provide them with the peace mind they seek and the financial support they need to live out the rest of their life.
Asbestos is associated with mesothelioma. It can take decades before symptoms begin to show up, but just one exposure can increase the risk of developing the condition. The majority of mesothelioma patients were exposed to asbestos at work, including at Navy shipyards. The UK law was amended last year to permit people to sue employers if they were exposed to asbestos on the job However, many veterans are still unaware that they are able to seek compensation from the government.
Mesothelioma has been a terrible disease that has impacted many lives. The decision by the government to tackle the unfair treatment of veterans of the military is a significant victory.
However, it is not enough to alleviate the suffering of veterans with mesothelioma or their families. They also need to seek compensation from the companies that supplied asbestos products to the military. Veterans could file trust fund claims with several different corporations based on where they worked, including shipyards, bases, and ships. This can include large multinationals who have a long history of selling asbestos-related products to the US Navy or other branches of the military.