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 of receiving a lump-sum payment or a traditional war pension. The change was not applicable for all veterans who were already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected as they were exposed to asbestos during their military service, or in civilian positions. This was a huge injustice for them and their families.
The law has been modified
Mesothelioma is a fatal and aggressive cancer that is caused by exposure to asbestos can take a long time to manifest. The symptoms can take years to show up and, after being diagnosed with the disease, sufferers are likely to live one or two more years.
The government's decision to alter the law is a significant step in the right direction. Veterans who have been diagnosed with mesothelioma may decide to receive a pension, or a lump sum of up to 140 000 francs. This is a much greater amount than a typical civil award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only claim mesothelioma benefits through a War Disablement Pension. This only provided a monthly income which was not suitable for those suffering from severe chronic diseases like mesothelioma. Furthermore, it was not possible to receive lump sum compensation under the War Pension Scheme.
After intensive lobbying, supported by the Royal British Legion, Asbestos Victims Support Group Forum and the Royal British Legion, the law was amended to give veterans of the armed forces that have been diagnosed with mesothelioma to receive lump sums of up to PS140,000, in addition to the traditional War Pension. The lump sum will 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, widowed or divorced. Civilians suffering from mesothelioma on the other hand are eligible for PS600,000.000 under the government's Diffuse Mesothelioma scheme.
All veterans of the armed forces diagnosed with mesothelioma are eligible to select this option. It will also be accessible to those who were exposed to asbestos both during their time in the armed forces and outside of it known as 'dual exposure'.
Mesothelioma UK is already helping former soldiers, sailors and other military personnel with their mesothelioma claim. We can assist them in understanding the new laws and the implications. We can also help clients to determine the best method to get compensation. This could include tracing the companies that are accountable for their exposure to asbestos.
The lump sum amount will be PS140,000
Compensation is determined by a range of variables, including age, life expectancy after mesothelioma and the amount of care required. It is also based on the impact mesothelioma's disease has had on family members and whether or not the individual can continue to work.
Asbestos sufferers must seek compensation from asbestos exposure responsible parties. For those who are who are unable to identify the responsible parties the government scheme will pay a lump sum to victims of mesothelioma. The average amount paid is around PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma would only receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment dependent on the person's age and their level of disablement. However, it is a significantly smaller sum than civilian mesothelioma compensation that can exceed six figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as an engineer for the naval branch of the Royal Navy between 1957 and 1965, has now been informed that he is entitled to an amount of PS140,000 in one lump sum under the new law. He suffers from mesothelioma, a debilitating lung condition that is caused by exposure to asbestos.
According to mesothelioma lawyers, Simpson Millar, this is a huge victory for patients with mesothelioma. The majority of Navy personnel, like many civilians, were docked in US ports throughout their careers, where they were exposed to harmful asbestos fibres. This is due to the widespread use of asbestos on American ships at the time. The symptoms of mesothelioma may not show up for years, leaving veterans with only a few options for compensation.
The Ministry of Defence confirmed that Mesothelioma sufferers, who had never received a war-pension will receive up to PS140,000 as 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 deducted from the existing war pension an individual receives. It is imperative 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 delivered an enraged rebuke to the 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 asked the minister to explain why the government is not respecting its promise to veterans. It has also threatened to pull out of a number of forums where it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is essential however, it needs to be more productive to ensure that the needs of the community are addressed in a manner that has a positive impact on their lives. It is therefore vital that the feedback loop within forums is improved in order that any issues that are not being addressed are recognized and the reasons for this are made clear.
As the oldest and largest Armed Forces charity, the Royal British Legion is at the heart of an entire national network that offers assistance to members of the Armed Forces and their families. They are also the organisation which is the best placed to understand the challenges that those who serve, have served and their widows and widowers.
The fact that patients with mesothelioma are usually left without financial security is one of their biggest concerns. The amount of compensation offered isn't always enough to cover living expenses or medical costs and mortgages are typically difficult to obtain.
Asbest was used in shipbuilding, as well as other Naval activities. This has left many veterans struggling to manage the symptoms of their illness and the impact on their financial position.
There are a variety of organizations that can assist. For mesothelioma navy compensation , mesothelioma lawyers can assist in obtaining legal compensation for patients, which can be used to pay for treatment or to cover the essential expenses of living. In addition, mesothelioma sufferers can also make claims for compensation from companies that supplied them with 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. This will enable them to receive a substantial financial assistance to ease the financial pressure that mesothelioma causes their families.
Former service personnel who have been diagnosed with mesothelioma are sure to appreciate this news. The law has been amended so that they are paid a similar amount as civilian sufferers with a mesothelioma compensation claim.
The change came due to an effort by the Royal British Legion, and other groups. This led to the Prime Minster promising to examine the issue. The MoD's u-turn will allow a lot of 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 lives.
Asbestos is linked to mesothelioma. It can take decades for symptoms to appear, but even a single exposure can increase the risk of developing the condition. The majority of mesothelioma patients were exposed to asbestos while working, including in Navy shipyards. The UK law was amended in the last year to allow workers to sue employers if exposed to asbestos on the job, but many veterans are still unaware of the possibility of seeking compensation from the government.
Mesothelioma is a debilitating disease that has no words to describe the way it has affected many lives. The government's decision to address the discrimination against veterans of the military is a significant victory.
However, it's not enough to alleviate the suffering of veterans with mesothelioma as well as their families. They will also have to seek compensation from the companies that supplied asbestos products to the armed forces. Based on the shipyards, bases, and ships they worked on, veterans might be able to make trust fund claims against several different corporations. This could include a number of large multinationals that have a history of selling asbestos-related products to the US Navy and other branches of the military.