Mesothelioma Compensation and the Royal Navy
On 16 December 2015, the Ministry of Defence changed their policy to allow service members diagnosed with mesothelioma to decide whether they want to receive a lump sum or a traditional war pension. The decision, however, did not apply 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 and in civilian jobs. This was a huge injustice for them and their families.
The law has changed
Mesothelioma is a deadly, terminal cancer that is caused by exposure to asbestos can take years to manifest. The symptoms can take years to manifest and, once diagnosed with the disease sufferers are likely to live a few more years.
It is a significant step forward that the Government has made the decision to amend the law. Beginning in April 2016, armed forces veterans diagnosed with mesothelioma will have the option select whether to receive a pension or a lump sum amounting to PS140,000. This is substantially more than the average civilian compensation award.
Prior to the changes, armed forces veterans who were diagnosed with mesothelioma were able to claim mesothelioma benefits through a War Disablement Pension. This was a monthly income, which was not suitable for those suffering from serious chronic diseases like mesothelioma. The War Pension Scheme did not provide lump-sum compensation.
After intense lobbying, and aided by the Royal British Legion, Asbestos Victims Support Group Forum and the Royal British Legion, the law was changed to allow veterans of the armed forces diagnosed with mesothelioma access to a lump sum up to PS140,000, in addition to the traditional War Pension. The lump sum will be tax-free.
Prior to this, mesothelioma diagnosed would have qualified a person for a war-related disability pension of up PS32,000, regardless of whether they were divorced, single, or widowed. Civilians suffering from mesothelioma on the other hand, can receive up PS600,000.000 under the government's Diffuse Mesothelioma scheme.
All veterans of the armed forces diagnosed with mesothelioma will be eligible to select this option. The law will also be applicable to those who have been exposed to asbestos during their service and outside it, also referred to as "dual exposure".
Mesothelioma UK has already started helping former sailors and other armed services personnel with mesothelioma claims. We can help them learn about the new law and the issues involved. We can help them determine the best method to receive compensation. This could include tracing the companies that could be responsible for their exposure to asbestos.
The lump amount will be PS140,000.
Compensation is determined by a variety of factors, such as age, life expectancy following mesothelioma and the amount of care needed. It also takes into account the impact mesothelioma's disease has caused on family members as well as whether or not the individual can continue to work.
Asbestos sufferers must seek compensation from the asbestos exposure responsible parties. If they cannot locate the responsible parties, a government program pays lump sums of money to mesothelioma sufferers. The average award is approximately PS144,000.
Previously, ex-servicemen diagnosed with mesothelioma were able to receive a war disabled pension under the Diffuse Mesothelioma Scheme 2008. It is a monthly sum determined by the individual's age and the severity of their disability. This is a smaller amount than the mesothelioma for civilians settlement, which is in the six figures.
Fred Minall from Northampton who was a member of the Royal Navy as a naval engineer between 1957 and 1964 has been informed that he is entitled to a lump sum payment of PS140,000, as per the new law. Mesothelioma is an incurable lung cancer caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes this is a huge victory for veterans who have mesothelioma. The majority of Navy personnel, as well as many civilians, were docked in US ports throughout their careers and were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos on American ships in the current. The symptoms of mesothelioma may take years to manifest and, as a result, veterans are often left with limited options for compensation.
The Ministry of Defence has confirmed that mesothelioma patients who have not been previously granted a war pension will be offered 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 be taken out of the current war pension that a person receives. Therefore, it is essential that anyone diagnosed with mesothelioma considering applying for this new payment gets advice from experienced mesothelioma solicitors to ensure they get the best deal.
It is a victory for the Royal British Legion
The Royal British Legion has delivered an uncompromising rebuke to government over claims that it hasn't acted on its pledge to make the military covenant a permanent part of 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 a number of forums where it has been working with the Ministry of Defence.
The Legion's involvement with the MoD is vital but it has to be more efficient in order to ensure that the community is taken care of in a manner that is a real improvement to their lives. It is therefore essential that the feedback loop within forums is improved to ensure that any issues that are consistently not being addressed are understood and the reasons behind this are clearly explained.
As the country's 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. The Royal British Legion is the best organization to understand the challenges facing those who have served as soldiers, their widows and orphans, and their families.
One of the major issues for mesothelioma patients is that they're often left without a financial security as a result of their illness. The amount of compensation offered isn't always enough to cover living expenses or medical costs and mortgages are usually difficult to get.
Asbest was used in shipbuilding in addition to other Naval activities. This has left many veterans struggling to cope with the symptoms of their disease and the impact on their financial health.
However there are a variety of organizations that can assist in this. Mesothelioma attorneys can help secure legal compensation to be used to treat and for essential living expenses. Mesothelioma sufferers may also seek compensation from companies that supplied asbestos products.
Veterans will welcome it
The Ministry of Defence announced that Navy veterans with mesothelioma can get a lump-sum payment of PS140,000. This will enable them to receive a substantial financial aid to ease the financial pressure that mesothelioma causes their families.
Former service members who have been diagnosed with mesothelioma will welcome this news. The law has been changed to allow them to receive the same amount of compensation as civilians who have mesothelioma lawsuits.
The change came in response to an initiative by the Royal British Legion, and other groups. This led to the Prime Minister declaring that he would investigate the issue. The MoD's U-turn will allow a number of dying veterans who were eligible for pensions to opt for a lump-sum. This will give them peace of heart and the financial help they require to continue living their lives.
Asbestos has been linked to mesothelioma. It can take a long time for symptoms to manifest, but even a single exposure could increase the risk of developing the disease. The vast majority of mesothelioma victims were exposed to asbestos at work, which includes Navy shipyards. The UK law was amended in the last year to allow workers to sue employers if they were exposed to asbestos on the job However, many veterans aren't aware that they are able to seek compensation from the government.
Mesothelioma is a terrible cancer and there aren't words to express the extent it has affected many lives. The decision by the government to tackle the discrimination against veterans of the military is a huge victory.
But it's not enough to end the suffering of veterans who have mesothelioma and their families. mesothelioma lawsuit compensation 'll also have to seek compensation from companies who supplied the military with asbestos-based products. Veterans may be able file trust fund claims with a variety of different corporations, based on the place they worked, such as shipyards, bases, and ships. This could include multinational corporations who have a long history of selling asbestos products to the US Navy or other branches of the military.