Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 to give service members suffering from mesothelioma to choose between the lump-sum amount or a traditional war pension. However, the change did not apply to all veterans who had been diagnosed with the disease.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos during their military service as well as civilian jobs. This was a huge injustice for them as well as their families.
The law has changed
Mesothelioma is a virulent form of cancer that is triggered by exposure to asbestos. The symptoms can take years to appear and, once 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 change the law. In April 2016, armed forces veterans diagnosed with mesothelioma will be able select whether to receive a pension or to take a lump sum of up to PS140,000. This is significantly higher than the average civilian compensation award.
Before the changes, veterans of the armed forces who were diagnosed with mesothelioma could only claim a War Disablement Pension. This only provided a monthly income that was not appropriate for those suffering from serious long-term illnesses such as mesothelioma. Furthermore it was not possible to receive lump sum compensation under the War Pension Scheme.
After a lot of lobbying, which was supported by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been modified to allow veterans of the armed forces diagnosed with mesothelioma to receive an amount of up to PS140,000 in addition traditional War Pension. The lump sum will also be tax-free.
Prior to this, a mesothelioma diagnosis could have qualified someone for a war disability pension of up PS32,000, regardless of whether they were divorced, single or widowed. Contrary to this, civilians diagnosed with mesothelioma can receive up to PS600,000. This is under the government's Diffuse Mesothelioma Scheme.
The new law will apply to all veterans of the armed services diagnosed with mesothelioma who want to pursue this option. The law will also apply to those who have been exposed to asbestos during their service as well as outside of it, also known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other armed personnel with mesothelioma-related claims. We can help them understand the new laws and what they mean. We can also assist them in determining the best way to get compensation. This could include tracing the companies that could be accountable for their exposure to asbestos.
The lump sum will be PS140,000.
Compensation is determined by a number of factors, including age, life expectancy after mesothelioma and the amount of care needed. It is also based on the effect mesothelioma's cancer has caused on family members as well as whether or not the individual is able to continue working.
Asbestos sufferers should seek compensation from those responsible for their exposure to asbestos. For those who cannot locate the responsible parties, a federal program pays lump sums to mesothelioma patients. The average award is approximately PS144,000.
Previously, ex-servicemen diagnosed with mesothelioma could only claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payout that is based on the age of the individual and the degree of their disability. But, it's much less than mesothelioma compensation for civilians that can exceed six figures.
Fred Minall from Northampton who was a member of 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, as per the new law. He has mesothelioma - an incurable lung cancer caused by asbestos exposure.
According to mesothelioma lawyers, Simpson Millar, this is an incredible victory for mesothelioma patients who have suffered from the disease. The majority of Navy personnel, as well as many civilians, docked at US ports throughout their careers where they were exposed harmful asbestos fibres. This is because of the widespread use of asbestos on American ships during this time. The symptoms of mesothelioma may take decades to manifest, and as a result, veterans are often left with only a few options to seek compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who have never received an army pension will receive an amount of lump sum up to PS140,000. 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. This means it is important that anyone diagnosed with mesothelioma who is contemplating applying for this payment seeks advice from seasoned mesothelioma solicitors to ensure they get the best deal.
It is a win for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government over not keeping its promise to legislate the military covenant. The charity has called on the minister in charge to explain why it is not delivering on its promise to veterans and has threatened to withdraw of several forums in which it engages with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial however, it needs to be more efficient to ensure the community's needs are met in a manner which makes a real impact on their lives. It is important to improve the feedback loop on forums to ensure that problems that aren't addressed consistently are understood, and the reasons for this are clearly explained.
As the UK's oldest and largest Armed Forces charity, the Royal British Legion is at the core of the national network that provides support to members of the Armed Forces and their families. They are also the organization which is the best placed to understand the challenges that those who serve or have served, as well as their widows and widowers.
The fact that patients with mesothelioma are usually left without financial security is among their biggest issues. The amount of compensation offered isn't always enough to cover living expenses or medical costs and mortgages are usually difficult to get.
This is particularly applicable to Navy veterans who have been diagnosed with mesothelioma because asbestos was utilized in shipbuilding and other Naval activities. This has left many veterans struggling to cope with the symptoms of their illness and the impact it has on their financial situation.
There are a variety of organizations which can help. For example, mesothelioma lawyers can help to secure legal compensation for patients, which can be used to pay for treatment or to cover essential living costs. Additionally, mesothelioma patients can also make claims for compensation from the companies that provided asbestos-containing products.
mesothelioma compensation fund will be welcomed by veterans
Navy veterans diagnosed with mesothelioma are eligible to receive a lump sum of PS140,000, the Ministry of Defence has announced. The Ministry of Defence has announced that Navy veterans diagnosed with mesothelioma are able to access the lump sum of PS140,000.
This news will be welcomed by the thousands of former military personnel who have been diagnosed with mesothelioma. The law has been amended so that they can be paid a similar amount as civilian sufferers with a mesothelioma compensation claim.
The change came about as a result of an initiative by the Royal British Legion, and other groups. This led to the Prime Minister promising to examine the issue. The change made by the MoD will allow many veterans who are dying, and could have qualified for a war pension, to receive a lump sum. This will give them peace of mind and the financial assistance they need to continue living their lives.
Asbestos exposure is associated with mesothelioma. Although symptoms can take decades to show up, just one exposure can increase the risk. The majority of mesothelioma victims were exposed to asbestos at work, which includes Navy shipyards. In the past year, the UK law was changed to permit employees who were exposed to asbestos in the workplace to sue their employers. However, many veterans are unaware that they could be entitled to compensation from the government.
Mesothelioma is a terrible 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 significant victory.
But it's not enough to stop the suffering of mesothelioma patients as well as their families. They'll also have to seek compensation from companies who supplied the military with asbestos-based products. Veterans may be able file trust fund claims against a variety of different corporations depending on where they worked, including shipyards, bases, and ships. These could include large multinationals that have a long tradition of selling asbestos products to the US Navy or other branches of the military.