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Mesothelioma Compensation and the Royal Navy
On 16 December 2015 the Ministry of Defence changed their policy to allow military personnel diagnosed with mesothelioma to decide whether they want to receive a lump sum or traditional war pension. However, the change was not applicable to all veterans who had already been diagnosed with the disease.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos while in their military service as well as civilian jobs. This was a huge injustice to them and their families.
The law has changed
Mesothelioma is a severe form of terminal cancer that is triggered by exposure to asbestos. It can take years before symptoms are evident and, once diagnosed, the majority of sufferers have a life expectancy of one or two years.
The Government's decision to change the law is a huge step forward. 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, members of the armed forces diagnosed with mesothelioma had access to a War Disablement Pension. This was a monthly income that was not appropriate for those suffering from severe long-term diseases such as mesothelioma. The War Pension Scheme did not provide lump-sum compensation.
After a lot of lobbying, which was backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been amended 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 also be tax-free.
Prior to this, mesothelioma diagnosed could have qualified someone for a war disability pension of up to PS32,000 regardless of whether they were divorced, single, or widowed. In contrast, civilians with mesothelioma may receive up to PS600,000 in the government's Diffuse Mesothelioma Scheme.
The new law will be applicable to all veterans of the armed forces diagnosed with mesothelioma who wish to avail this option. The law will also be applicable to those who have been exposed to asbestos during their military service as well as outside of it, also referred to as "dual exposure".
mesothelioma compensation for family members is already helping former sailors, soldiers and other military personnel with their mesothelioma claim. We can assist them to understand the new laws and what they entail. We can also assist them in determining the best way to receive compensation. This includes tracing companies that may be accountable for their exposure to asbestos.
The lump sum will be PS140,000
The level of compensation awarded to sufferers is based on various factors, including age, the effect mesothelioma has on life expectancy and how much care is needed. The amount of compensation given to sufferers is based on various factors including the age of the sufferer, the effect mesothelioma will have on life expectancy and the amount of care they require.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. For those who are unable to find those responsible the government scheme will pay lump sums to those suffering of mesothelioma. The average award is PS144,000.
In the past, ex-servicemen who were diagnosed with mesothelioma would only receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment based on the individual's age and level of disability. However, it is much less than civilian mesothelioma compensation, which can reach six-figures.
Fred Minall from Northampton who worked in the Royal Navy as a naval engineering officer between 1957 and 1964 has been informed that he is entitled to a lump-sum payment of PS140,000, under the new law. He suffers from mesothelioma, an incurable lung condition caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes this is a huge victory for veterans with mesothelioma. The majority of Navy personnel and a large number of civilians, docked at US ports throughout their careers where they were exposed harmful asbestos fibres. This is due to the widespread use of asbestos on American ships during this time. Symptoms of mesothelioma can take a long time to show up, and as a result the patients are often left with fewer options to seek compensation.
The Ministry of Defence confirmed that Mesothelioma patients who had not previously been awarded a war-pension, will be offered up to PS140,000 as a lump-sum payment. This is a significant increase from the current amount non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
This new payment will however be taken out of the current war pension that a person receives. It is therefore important that anyone with mesothelioma who is thinking about applying for this payment seeks advice from an experienced mesothelioma lawyer to ensure that they get the best price.
It's a win for the Royal British Legion
The Royal British Legion has issued a stinging criticism of the government for allegedly not keeping its promise to legislate the military covenant. The charity has asked the minister to explain why the government is not honouring its commitment to veterans. It has also threatened to pull out of various forums in which it has been working with the Ministry of Defence.
The Legion's interaction with the MoD is important, but it needs to be more effective to ensure that the community is taken care of in a manner that makes a real difference to their lives. It is therefore vital that the feedback loop within forums is improved so that any issues that are not being addressed are recognized and the reasons behind this are made clear.
The Royal British Legion, as the UK's biggest and oldest Armed Forces Charity, is located at the heart of a national network of support for members of the Armed Forces. The Royal British Legion is the best organisation to understand the issues facing those who have served, their widows and orphans, and their families.
The fact that patients with mesothelioma are often left without financial security is among their main issues. The compensation that is available is typically not enough to cover the cost of living or medical expenses, and it is typically not feasible to get a mortgage.
Asbest was used in shipbuilding, as well as other Naval activities. Many veterans are struggling to cope with their health issues and the impact of their illness on their financial situation.
However, there are a number of organizations that can assist 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.
The Ministry of Defence announced that Navy veterans with mesothelioma can get a lump-sum payment of PS140,000. This will allow them to receive substantial financial support to ease the financial burden that mesothelioma causes their families.
This news will be welcomed by the countless former service personnel diagnosed with mesothelioma. The law has been modified so that they can be 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 led to the Prime Minister making a commitment to examine the issue. The MoD's U-turn will allow a lot of veterans who were eligible for pensions to receive a lump sum. This will provide them with peace of mind and the financial help they require to live the rest of their lives.
Asbestos is associated with mesothelioma. It can take decades for symptoms to manifest however just one exposure can increase the likelihood of developing the condition. The vast majority mesothelioma patients were exposed to asbestos while working, which includes in Navy shipyards. In the year 2000, the UK law was amended to allow workers who were exposed to asbestos in the workplace to sue their employers. However, many veterans are unaware that they may be entitled to compensation from the government.
Mesothelioma has been a terrible illness that has affected many lives. The government's decision to address the unfair treatment of veterans of the military is a significant victory.
However, it's not enough to end the suffering of mesothelioma patients as well as their families. They will also need to seek compensation from the companies who supplied the military with asbestos-based products. Based on the shipyards, bases and ships that they worked on, veterans may be in a position to file trust fund claims against several different corporations. This can include a variety of multinationals with a history of selling asbestos-related products to the US Navy and other branches of the military.