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 to receive an amount in one lump sum or a traditional war pension. The change did not apply for all veterans who were already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected due to exposure to asbestos during their military service or in civilian jobs. This was a major injustice for them and their families.
The law has been changed
Mesothelioma, an aggressive terminal cancer caused by asbestos exposure can take years to manifest. It can take a long time for symptoms to manifest and once diagnosed, many sufferers have a life expectancy of just one or two years.
The government's decision to alter the law is a significant step forward. In April 2016, armed forces veterans diagnosed with mesothelioma will have the option select whether to receive their pension or a lump sum amounting 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 the War Disablement Pension. It was a monthly income, which was not suitable for those suffering from serious long-term diseases such as mesothelioma. In addition it was not possible to obtain 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 diagnosed with mesothelioma to receive an amount of lump sums up to PS140,000 in addition to the traditional War Pension. The lump sum is tax-free.
Prior to this, mesothelioma diagnosed could have qualified someone for a war-related disability pension of up to PS32,000 regardless of whether they were divorced, single, or widowed. In contrast, civilians with mesothelioma can receive up to PS600,000 under the Government's Diffuse Mesothelioma Scheme.
All members of the armed forces who have been diagnosed with mesothelioma are eligible to choose this option. The law will also apply to those who have been exposed to asbestos during their military service as well as outside of it, also known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other military personnel with their mesothelioma claim. We can assist them to be aware of the new law and what's involved. We can help them determine the best way to get compensation. This could include tracing the companies that could be accountable for their exposure to asbestos.
The lump sum amount will be PS140,000
Compensation is determined by a number of factors, including age, life expectancy following mesothelioma and the amount of care needed. The amount of compensation given to sufferers is based on various factors such as the age of the sufferer, the effect mesothelioma can have on life expectancy, and how much care they need.
Asbestos victims must seek compensation from asbestos exposure responsible parties. For those who are unable to locate the responsible parties, a government program will pay lump sums to mesothelioma victims. The amount that is awarded is about PS144,000.
Former servicemen who were diagnosed with mesothelioma diffuse were entitled to an income for war-related disability under the Diffuse Mesothelioma Scheme 2008 This is a monthly payment that is based on the person's age and level of disability. This is a much smaller amount than the mesothelioma civil settlement, which is in the 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 been told that he will be entitled to an amount of PS140,000 in one lump sum under the new law. He is suffering from mesothelioma, a debilitating lung disease caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is a huge victory for mesothelioma patients who have suffered from the disease. The majority of Navy personnel, like many civilians, were docked in US ports during their career which exposed them to asbestos-related toxins. This is due to the extensive use of asbestos on American ships at this time. The signs of mesothelioma could not appear for decades and leave veterans with a only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who were not previously awarded an entitlement to a war pension will now receive an amount of lump sum up to PS140,000. This is a significant increase from the 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. This means it is important that anyone diagnosed with mesothelioma who is thinking about applying for this new payment seeks the advice of experienced mesothelioma lawyers to ensure they get the best deal.
It's a win for Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for allegedly failing to keep its promise to legislate the military covenant. The charity has demanded that the minister explain why the government isn't honouring its commitment to veterans. It has also threatened to pull out of a number of forums that it has worked 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 needs of the community are addressed in a manner which makes a real impact on their lives. It is crucial to improve the feedback loops in forums to ensure that any issues that aren't addressed in a consistent manner are recognized and the reasons behind this are made clear.
As the oldest and largest Armed Forces charity, the Royal British Legion is at the core of the national network that provides assistance to members of the Armed Forces and their families. They are also the organization that is the most suited to understand the challenges faced by those who serve, have served and their widows and widowers.
One of the most significant concerns of mesothelioma sufferers is that they are frequently left without a financial security because of their disease. The compensation offered is often not enough to cover the costs of treatment or living expenses, and it is typically not feasible to get a mortgage.
This is especially applicable to Navy veterans who have been diagnosed with mesothelioma, as asbestos was used in shipbuilding and other Naval activities. Many veterans are struggling to manage the symptoms of their illness and the impact on their financial health.
There are a variety of organizations which can help. Mesothelioma attorneys can help secure legal compensation which can be used to pay to treat and for essential living expenses. Mesothelioma sufferers can also claim compensation from companies that supplied asbestos products.
It will be a welcome sight for veterans
Navy veterans who have been diagnosed with mesothelioma can now to receive an amount of PS140,000 in one lump sum, the Ministry of Defence has announced. The Ministry of Defence announced that Navy veterans diagnosed with mesothelioma will be eligible to access an amount of PS140,000 in a lump sum.
This news will be welcomed by the thousands of 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 a mesothelioma compensation claim.
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 look at the issue. The MoD's decision to change its policy will allow a lot of veterans who were eligible for pensions to choose a lump-sum. This will give them peace of mind and the financial help they need to continue living their lives.
Asbestos is associated with mesothelioma. It can take decades for symptoms to manifest however even a single exposure could increase the likelihood of developing the condition. The majority of mesothelioma patients were exposed to asbestos at work, including in Navy shipyards. In the past year, the UK law was amended to permit 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 lawsuit compensation is a debilitating disease that has impacted many lives. The government's decision to address the discrimination against veterans of the military is a huge victory.
But it's not enough to stop the suffering of veterans with mesothelioma and their families. They will also need to seek compensation from companies who supplied the military with asbestos products. Depending on the shipyards, bases and ships that they were employed on, veterans may be eligible to make trust fund claims against several different corporations. This could include a range of large multinationals that have a history of selling asbestos-related products to the US Navy and other branches of the Armed Forces.