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Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to allow service personnel suffering from mesothelioma the option of receiving the lump-sum amount or a traditional war pension. The change did not apply to all veterans already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected, because they were exposed to asbestos during their military service, or at civilian jobs. This was a major injustice for them as well as their families.
The law has changed
Mesothelioma, an aggressive terminal cancer that is caused by exposure to asbestos, can take decades to develop. It can take years for symptoms to show and once diagnosed, most sufferers will live for a minimum of only one or two years.
The government's decision to alter the law is a major step forward. From April 2016, armed forces veterans diagnosed with mesothelioma can choose select whether to receive a pension or to take a lump sum amounting to PS140,000. This is significantly higher than the average civilian compensation award.
Prior to the changes, armed forces veterans who were diagnosed with mesothelioma could only receive a War Disablement Pension. It was an income that was regular and monthly, and was not appropriate for those suffering from serious long-term illnesses such as mesothelioma. The War Pension Scheme did not allow lump-sum compensation.
After a lot of lobbying, backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been changed to allow veterans of the armed forces diagnosed with mesothelioma access to a lump sum of up to PS140,000, in addition to traditional War Pension. The lump sum will also be tax-free.
Prior to this, mesothelioma patients could have earned a war-related disability pension of up to PS32,000 if the patient was single divorced, widowed or divorced. Civilians who have mesothelioma, on the other hand, can receive up PS600,000.000 under the government's Diffuse Mesothelioma program.
All members of the armed forces who have been diagnosed with mesothelioma will be eligible to select this option. The law will also apply to those who've been exposed to asbestos during their military service and outside it, also known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other service members with their mesothelioma lawsuit. We can assist them to understand the new law and what is involved. We can help them determine the best way to receive compensation. This can include tracing the companies that could be accountable for their exposure to asbestos.
The lump sum will be PS140,000
The amount of compensation given to sufferers is based on a range of factors including age, the effect mesothelioma has on life expectancy and the amount of care needed. The amount of compensation given to patients is determined by several factors, including age, the effect mesothelioma can have on life expectancy, and how much care they need.
Asbestos victims must seek compensation from the people responsible for their exposure to asbestos. If they cannot locate the responsible parties, a government program pays lump sums to mesothelioma victims. The average amount 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 the extent of their impairment. However, this is considerably less than civilian mesothelioma compensation that can be as high as six figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as an engineer in the naval sector of the Royal Navy between 1957 and 1965, has now been told that he is entitled to a lump sum of PS140,000 under the new law. He suffers mesothelioma which is an incurable lung condition that is caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is an enormous victory for patients with mesothelioma. Most Navy personnel, as well as many civilians, anchored in US ports during their career, where they were exposed to harmful asbestos fibres. This is due to the widespread use of asbestos on American ships in the current. The symptoms of mesothelioma may not be apparent for a long time and leave veterans with a limited compensation options.
The Ministry of Defence has confirmed that veterans with mesothelioma who were not previously awarded an entitlement to a war pension will now receive an amount of lump sum up to PS140,000. This will be a significant increase over the amount that veterans who are not married with mesothelioma receive under the Diffuse Mesothelioma scheme.
This new payment will however be subtracted from the current war pension that a person receives. Therefore, it is important that anyone diagnosed with mesothelioma contemplating applying for this payment seeks the advice of experienced mesothelioma attorneys to ensure they get the best deal.
It is a victory for the Royal British Legion
The Royal British Legion has delivered an enraged rebuke to the government over claims that it has reneged on its commitment to establish the military covenant in law. The charity has called on the minister responsible to explain the reason for refusing to honor its pledge to veterans and has threatened to pull out of a number of forums in which it cooperates with the Ministry of Defence.
Engagement of the Legion with the MoD is vital 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 important to improve the feedback loops on forums to ensure that issues that are not addressed in a consistent way are identified and the reasons behind this are explained.
The Royal British Legion, as the UK's largest and oldest Armed Forces Charity, is at the centre of a larger network of support for members of the Armed Forces. The Royal British Legion is the most effective organisation to comprehend the issues facing those who have served as their widows or orphans and their families.
Patients with mesothelioma are often left without financial security is one of their biggest issues. The compensation available isn't always enough to cover the living expenses or medical costs, and mortgages are often impossible to obtain.
This is especially applicable to Navy veterans who have been diagnosed with mesothelioma as asbestos was used in shipbuilding and other Naval activities. This has left many veterans struggling to manage the symptoms of their illness and the impact on their financial position.
However, there are a number of organisations that can help in this. For instance, mesothelioma attorneys can assist in obtaining legal compensation for patients, which can be used to pay for treatment or to cover essential living expenses. In addition, mesothelioma sufferers may also file a claim for compensation from companies who supplied asbestos-containing products.
Veterans will be happy
The Ministry of Defence announced that Navy veterans suffering from mesothelioma will be able to access a lump-sum payment of PS140,000. This will allow them to receive substantial financial assistance 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 to allow them to be paid a similar amount as civilian sufferers with a
mesothelioma compensation claim .
The change is the result of campaigning by the Royal British Legion and other groups, which resulted in the Prime Minister making a commitment to examine the issue. The decision by the MoD will help many veterans who are dying, and could have been eligible for a war pension to choose the lump sum. This will give them peace of heart and the financial assistance they require to live out the rest of their lives.
Asbestos exposure is linked to mesothelioma. It can take decades before symptoms begin to show up, but just one exposure can increase the risk of developing the condition. The vast majority of mesothelioma sufferers were exposed to asbestos while working, and this includes in Navy shipyards. Last year, the UK law was amended to allow workers who were exposed to asbestos while at work to sue their employers. However many veterans aren't aware that they may be entitled to compensation from the government.
Mesothelioma is a debilitating cancer and there aren't words to describe the way it has affected many lives. The decision by the government to tackle the unfair treatment of military veterans is a major victory.
But it's not enough to alleviate the suffering of veterans suffering from mesothelioma or their families. They will also have to seek compensation from the companies that supplied asbestos-related products to the military. Veterans may be able file trust fund claims against a variety of different corporations based on where they worked, which could include bases, shipyards and ships. This could include a number of multinational corporations that have been known to sell asbestos-related products to the US Navy and other branches of the Armed Forces.