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ACTIVITY
* Termansen Hackett posted an update an hour ago
Mesothelioma Compensation and the Royal Navy
The Ministry of Defence changed its policy on 16 December 2015 to allow
service personnel with mesothelioma the option of receiving an amount in lump
sum or a traditional war pension. The decision, however, was not applicable
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 and in civilian jobs. This was a massive
injustice for them as well as their families.
mesothelioma compensation for family members has changed
Mesothelioma is a severe form of terminal cancer that develops from exposure
to asbestos. It can take decades before symptoms are evident and once
diagnosed, many sufferers have a life expectancy of just one or two years.
It is a significant move that the Government has decided to amend the law.
From April 2016, veterans of the armed services diagnosed with mesothelioma
can choose to decide whether they want to receive their pension or receive a
lump sum of up to PS140,000. This is a significantly greater amount than a
typical civil award.
Before the changes, armed forces veterans who were diagnosed with
mesothelioma could claim the War Disablement Pension. It was a monthly income
and was not suitable for those suffering from severe long-term illnesses such
as mesothelioma. Furthermore, it was not possible to access lump sum
compensation under the War Pension Scheme.
After a long period of lobbying, backed 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 access to a lump sum
amounting to PS140,000, in addition to a traditional War Pension. The lump
sum will be tax-free.
Prior to this, a mesothelioma diagnose would have qualified a person to
receive a war disability pension up to PS32,000, regardless of whether they
were divorced, single or widowed. Contrary to this, civilians diagnosed with
mesothelioma may receive up to PS600,000. This is under the Government’s
Diffuse Mesothelioma Scheme.
The new law will be applicable to all armed forces veterans diagnosed with
mesothelioma who wish to avail this option. It is also accessible to those
who were exposed to asbestos during their military service and in other
circumstances also, referred to as “dual exposure”.
Mesothelioma UK has already started helping former sailors and other military
services personnel with mesothelioma claims. We can help them to be aware of
the new law and the issues involved. We can help them determine the best way
to get compensation. This could include tracing companies that are
responsible for their asbestos exposure.
The lump sum amount will be PS140,000
The amount of compensation given to sufferers is based on several factors,
like age, the impact mesothelioma has on the lifespan and the level of care
needed. The amount of compensation paid to sufferers is based on a range of
factors, including age, the impact mesothelioma can have on life expectancy,
and the amount of care they require.
Asbestos sufferers should seek compensation from those accountable for their
exposure to asbestos. For those who are unable to find those responsible the
government scheme will pay a lump sum to victims of mesothelioma. The average
award is approximately PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma were able to be
eligible for a war-related disability pension under the Diffuse Mesothelioma
Scheme 2008. This is a monthly payment that is based on the person’s age and
degree of disability. But, it’s a significantly smaller sum than civilian
mesothelioma compensation, which can reach six-figures.
Fred Minall from Northampton who served in the Royal Navy as a naval
engineering officer between 1957 and 1964 has been informed that he has the
right to a lump-sum payment of PS140,000, as per the new law. He is suffering
mesothelioma which is an incurable lung condition caused by exposure to
asbestos.
According to mesothelioma lawyers Simpson Millar, this is a huge victory for
patients with mesothelioma. Most Navy personnel, like many civilians,
anchored in US ports during their careers which exposed them to
asbestos-related toxins. This is due to the widespread use of asbestos on
American ships in the current. The symptoms of mesothelioma may take years to
show up, and as a result, veterans are often left with fewer options to seek
compensation.
The Ministry of Defence confirmed that Mesothelioma patients who have not
previously been awarded an amount of war-pension, will be offered up to
PS140,000 as a lump-sum payment. This is a significant increase from the
current amount that non-married mesothelioma veterans receive under the
Diffuse Mesothelioma Scheme.
This new payment will however be deducted from the existing war pension an
individual receives. As a result, it is important that anyone diagnosed with
mesothelioma considering applying for this new payment gets advice from
experienced mesothelioma attorneys to ensure they get the right deal.
It is a win for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government
for failing to keep its promise to legislate the military covenant. The
charity has asked the minister to explain why the government isn’t honoring
its pledge to veterans. It has also threatened to withdraw from various
forums that it has worked with the Ministry of Defence.
Engagement of the Legion with the MoD is crucial, but it must be more
effective to ensure that the community’s needs are met in a manner that has a
significant impact on their lives. It is important to improve the feedback
loops in forums to ensure that any problems that aren’t addressed in a
consistent way are identified, and the reasons for this are explained.
As the oldest and largest Armed Forces charity, the Royal British Legion is
at the heart of a national network that provides assistance to members of the
Armed Forces and their families. They are also the organization that is best
placed to comprehend the challenges that those who serve, have served and
their widows and widowers.
One of the major issues for mesothelioma patients is that they’re often left
without any financial security because of their illness. The compensation
that is available is typically not enough to cover the costs of treatment or
living expenses, and it is usually not feasible to obtain a mortgage.
Asbest was used in shipbuilding among other Naval activities. This has left
many veterans struggling with the symptoms of their illness and the impact it
has on their financial health.
However there are a variety of organizations that can assist in this. For
instance, mesothelioma lawyers can assist in obtaining legal compensation for
patients, which can be used to pay for treatment or the essential expenses of
living. Patients with mesothelioma can also claim compensation from the
companies that supplied asbestos-containing products.
Veterans will be delighted.
The Ministry of Defence announced that Navy veterans suffering from
mesothelioma will be able to receive a lump-sum payout of PS140,000. The
Ministry of Defence has announced that Navy veterans who have been diagnosed
with mesothelioma are able to access an amount of PS140,000 in a lump sum.
Former service personnel who have been diagnosed with mesothelioma will
welcome this news. The law has changed to allow them to receive the same
amount of compensation like civilians with mesothelioma cases.
The change was made as a result of a campaign by the Royal British Legion,
and other groups. This resulted in the Prime Minister agreeing to investigate
the issue. The U-turn by the MoD will help many dying veterans, who could
have qualified for a war-related pension to pick a lump amount. This will
provide them with the peace mind they require and the financial support they
require to live the rest of their lives.
Asbestos is linked to mesothelioma. It can take a long time before symptoms
begin to show up but even a single exposure could increase the likelihood of
developing the disease. The vast majority of mesothelioma patients were
exposed to asbestos at work, including at Navy shipyards. The UK law was
changed last year to permit people to claim compensation from employers if
they were exposed to asbestos while working, but many veterans are still
unaware that they are able to seek compensation from the government.
Mesothelioma is a devastating disease that has impacted many lives. The
decision of the government on how to handle the unfair treatment of veterans
is a major victory.
However, it is not enough to end the suffering of veterans who have
mesothelioma as well as their families. They will also have to seek
compensation from companies that supplied asbestos products to the military.
Based on the shipyards, bases, and ships they worked on, veterans may be able
to claim trust fund compensation against various corporations. These could
include large multinationals who have a long history of selling
asbestos-related products to the US Navy or other branches of the military.
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