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The No. One Question That Everyone In Mesothelioma Compensation Royal Navy Must Know How To Answer
Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on the 16th of December to give service members suffering from mesothelioma to choose between a lump-sum payment or a traditional war pension. The change was not applicable to all veterans who had been already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected due to exposure to asbestos in their military service or in civilian jobs. This was a great injustice to them and their families.
The law has changed
Mesothelioma, an aggressive terminal cancer that is caused by exposure to asbestos can take years to develop. The symptoms can take years to show up and, after being diagnosed with the disease sufferers are expected to live a few more years.
It is a significant step forward that the Government has decided to amend the law. From April 2016, veterans of the armed services diagnosed with mesothelioma can choose select whether to receive their pension or to take a lump sum of up to PS140,000. This is a greater amount than a typical civil award.
Prior to the changes, veterans of the armed forces who were diagnosed with mesothelioma could be eligible for mesothelioma benefits through a 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 receive lump sum compensation under the War Pension Scheme.
After extensive lobbying, backed by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been amended to allow veterans of the armed forces diagnosed with mesothelioma access to a lump sum 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 to receive a war disability pension of up PS32,000, regardless of whether they were single, divorced, or widowed. Contrary to this, civilians diagnosed with mesothelioma can receive up to PS600,000 in the Government's Diffuse Mesothelioma Scheme.
All members of the armed forces who have been diagnosed with mesothelioma are eligible to choose this option. mesothelioma compensation claims will also be available to those who were exposed to asbestos during their time in the armed forces and also outside of it also, referred to as "dual exposure".
Mesothelioma UK has already started helping former sailors and other military services personnel with mesothelioma claims. We can assist them to understand the new laws and what they entail. We can also help them to find out about the best way to obtain compensation. This may include tracing companies that are accountable for their asbestos exposure.
The lump amount will be PS140,000.
Compensation is determined by a range of variables, including age, life expectancy following mesothelioma and the amount of care needed. It also takes into account the impact mesothelioma has had on family members and whether or not the patient can continue to work.
Asbestos victims must seek compensation from the people responsible for their exposure to asbestos. For those who are unable to locate the responsible parties, a federal program pays lump sums of money to mesothelioma sufferers. The average award is PS144,000.
Former servicemen who were diagnosed with diffuse mesothelioma were only eligible to claim the pension for war disabilities under the Diffuse Mesothelioma Scheme 2008 This is a monthly payment that is based on the person's age and the severity of their disability. However, this is a significantly smaller sum than mesothelioma compensation for civilians, which can reach six-figures.
Fred Minall, 74 from Northampton Fred Minall, who worked as a naval engineer in the Royal Navy between 1957 and 1965, has been told that he is entitled to an amount of PS140,000 in one lump sum under the new law. He suffers mesothelioma which is an incurable lung condition caused by exposure to asbestos.
According to mesothelioma lawyers Simpson Millar, this is an enormous victory for patients with mesothelioma. The majority of Navy personnel, as well as many civilians, were docked at US ports throughout their careers in which they were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos in American ships during this time. The symptoms of mesothelioma may not show up for years, leaving veterans with only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who have never received an entitlement to a war pension will now receive a lump sum of up to PS140,000. This is a significant increase over the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
This new payment will however be deducted from the existing war pension that a person receives. This means it is crucial that anyone diagnosed with mesothelioma contemplating applying for this payment gets advice from experienced mesothelioma solicitors to ensure they get the right deal.
It is a win 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 commitment to establish the military covenant in law. The charity has demanded that the minister explain why the government isn't honouring its commitment to veterans. It has also threatened to withdraw from a number of forums in which it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial but it has to be more efficient to ensure the community's needs are addressed in a manner which makes a real impact on their lives. It is essential that the feedback loop in forums is improved in order that any issues that are not being addressed are understood and the reasons behind this are explained.
The Royal British Legion, as the UK's biggest and oldest Armed Forces Charity, is at the centre of a nationwide network that provides support for members of the Armed Forces. They are also the organisation that is best placed to comprehend the challenges faced by those who serve and have served as well as their widows and widowers.
The fact that mesothelioma patients are often left without financial security is one of their biggest worries. The amount of compensation offered isn't always enough to cover living expenses or medical costs, and mortgages are typically difficult to obtain.
Asbest was used in shipbuilding, as well as other Naval activities. Many veterans are struggling with their ailments and the effects of their condition on their financial situation.
However there are a lot of organizations that can assist with this. Mesothelioma attorneys can help secure legal compensation to be used for treatment and essential living expenses. Patients with mesothelioma can also claim compensation from the companies who supplied asbestos products.
Veterans will welcome it
The Ministry of Defence announced that Navy veterans suffering from mesothelioma will be able to get a lump-sum payment of PS140,000. This will allow them to have significant financial support to ease the financial pressure that mesothelioma causes their families.
This news will be welcomed by the thousands of former service personnel diagnosed with mesothelioma. The law has been changed so that they can be paid a similar amount as civilian sufferers with a mesothelioma compensation claim.
The change is a result of a campaign by the Royal British Legion and other groups, which resulted in the Prime Minister pledging to investigate the issue. The decision by the MoD will help many dying veterans, who would have qualified for a war pension, to pick lump amount. This will give them the peace of mind they seek as well as the financial assistance they need to live out the rest of their lives.
Asbestos exposure can be linked to mesothelioma. It can take a long time before symptoms begin to show up but just one exposure can increase the chance of developing the disease. The majority of mesothelioma patients were exposed to asbestos while at work, which includes Navy shipyards. The UK law was changed in the last year to allow workers to claim compensation from employers if they were exposed to asbestos on the job, but many veterans are still unaware that they can seek compensation from the government.
Mesothelioma is a devastating disease and there are no words to express the way that it has affected so many lives. The decision of the government on how to handle the unfair treatment of veterans is an enormous victory.
However, it is not enough to end the suffering of veterans with mesothelioma as well as their families. They also need to seek compensation from the companies that supplied asbestos products to the armed forces. Veterans could file trust fund claims with a variety of different corporations based on where they worked, such as bases, shipyards and ships. This could include a range of multinational corporations that have been known to sell asbestos-related products to the US Navy and other branches of the armed forces.