A legal
loophole means that many ex-service personnel now suffering with mesothelioma
from asbestos exposure will miss out on receiving compensation.
Many of those
working in the Royal Navy were exposed to asbestos during time spent on
shipbuilding sites – asbestos was used extensively in shipbuilding up until the
1980s. It's anticipated that, by 2050, around 2,500 ex-servicemen will have
died from mesothelioma.
Lump Sum Payments Restricted for Many
Mesothelioma
is an aggressive form of cancer – the average person survives around 12 months
after diagnosis – which is why lump sum payments are important.
Helen Grady,
Partner and Industrial Disease Solicitor at Simpson Millar, explains:
"All of my clients diagnosed with
mesothelioma receive a Government Lump Sum; however, the rules are different
for those whose mesothelioma is a result of exposure to asbestos whilst they
were in the Royal Navy. This is a great
pity as the lump sum payments are of a huge importance to sufferers and their
families My clients use their lump sum, which usually comes through within a
few weeks of diagnosis, to plan a holiday, pay off any debts, or to purchase
any aids or equipment which may not
be available on the NHS, such as a new bed or upright chair. Of course, some
diagnosed with mesothelioma are still in work but now have the stop or scale
back on their work due to their diagnosis and possible chemotherapy and so the
lump sum payment certainly takes away some financial pressures."
"Clearly a lump sum payment is of
huge importance to mesothelioma sufferers."
The rules
were changed in December 2015 to allow veterans with mesothelioma to receive a
lump sum payment as opposed to a monthly pension. But, the catch is that it is
only available to servicemen who have been diagnosed on or after 16 December
2015.
"It is a great pity that the law
has changed such that only those diagnosed since December last year may be
entitled to the lump sum. The very same thing happened with the new Government
Mesothelioma Payment Scheme, whereby only those who were diagnosed after 25
July 2012 could claim through this scheme if their past employers did not have
any insurance cover. This upset many of my clients, as many were diagnosed
shortly before the cut-off date and it seemed so harsh and cruel on top of the suffering
they had already endured. Even a reduced lump sum payment from say July
2010 to July 2012 would have eased this sense of unfairness."
Unfairly Disadvantaged Compared to
Civil Claimants
It also must
be remembered that ex-service personnel are already at a disadvantage.
"Crown Immunity" – the rule which prevented service personnel from
making a claim against the Ministry of Defence, was removed in 1987 with the
Crown Proceedings Act. This means that only those exposed to asbestos after
1987 can make a civil industrial disease claim.
Helen
comments:
"It would be unusual to be
exposed to asbestos dust whilst serving in the Navy during the late 1980’s. I
have come across cases of late wrongful exposures to asbestos dust, however,
the vast majority of exposures whilst serving in the Navy were during the 1950’s,
60’s and 70’s."
"The current situation for
veterans is clearly unfair and should be on a par with the Government Lump Sum
payments for civilians and everyone else who is diagnosed with
mesothelioma."
Calls for the Rules to Change
The MP for
Blaydon, Dave Anderson has led a campaign requesting these rules to change. The
letter said:
"We request that all qualifying
veterans be treated equally, regardless of the date of their diagnosis with
mesothelioma, as is morally required under the Armed Forces Covenant. We also
request that the acquisition of equal treatment for both veterans and their
widows/families, be pursued by ministers with all due haste, because people are
dying."
Simpson Millar's Gateshead Office
Our specialist
Mesothelioma Solicitors are on hand to offer legal advice from our well
established team based in Gateshead. We support many people who have been left
suffering with asbestos related illnesses who became ill from working at
popular shipyard sites like the Tyne or from exposure to asbestos dust in many
other places of employment. A lot of our
cases are for the family members of the dockyard worker who had exposure from
laundering contaminated overalls, or simply hugging their loved ones.
It is also
certainly the case that many people who have a smoking history and contract
lung cancer always automatically and wrongly assume that their lung cancer is
caused through smoking, however, this is not always the case and legal advice
should be sought. Legal advice should also be sought for those veterans who
have also suffered exposure in other places of employment before or after
joining the Royal Navy.
If you have
been diagnosed, or have lost a loved one to mesothelioma, lung cancer, or any
other asbestos illness after being exposed to asbestos at work, we're happy to answer
any questions you may have and to advise on whether you can make a claim.
For any further
advice on the changes affecting veterans diagnosed with mesothelioma you can
also contact the Welfare Officer at the Veterans Agency on 0141 224 2709.