The Royal British Legion has called for a review of the amount of compensation service personnel are entitled to after learning of diagnosed asbestos related conditions.
Asbestos was used extensively in construction, manufacturing and shipbuilding, particularly in the 1950s, 60s and 70s and was not banned in the UK until the year 2000. Thanks to its fireproofing and insulating properties, asbestos was the lagging of choice in the shipbuilding industry with boiler rooms and pipework being covered in the harmful material.
In terms of the military, those who served in the Navy, working onboard ships where asbestos was present are now the most affected of all Armed Forces personnel, leading to thousands of ex-servicemen and women being diagnosed with asbestos related conditions in later life.
At the time, those working with asbestos were unaware of the dangers posed by asbestos dust inhalation and the fact that in many years to come they could be struck by a debilitating asbestos related condition.
However, employers did know that they were putting their workers at risk and yet failed to protect them against the dangers. This is why those who were exposed to asbestos at work and go on to suffer with breathing problems and other adverse symptoms caused by asbestos related conditions can now claim compensation for their pain, suffering and financial losses.
Being exposed to asbestos does not mean that a person will definitely develop an asbestos condition. However, those exposed are at risk. Asbestos exposure can cause a number of conditions, including:
- Pleural plaques Areas of scar tissue on the lung membrane. Most people who have pleural plaques do not suffer with any breathing difficulties and so generally, pleural plaques are not considered to be compensatable in England and Wales. However, if the plaques are extensive and lead to breathing problems in the form of a restrictive deficit on lung function, a potential asbestos disease claim can be made out.
- Pleural thickening
- Thickening, calcification or scarring of the lung lining which causes tissues to harden. This affects the function of the lungs and can cause breathlessness and chest pain. Asbestos disease compensation can be claimed for pleural thickening.
- Asbestosis
- Lung disease characterised by diffuse pulmonary fibrosis or scarring of lung tissues. Symptoms can include persistent coughing, chest pain, loss of appetite, difficulty swallowing, blood in sputum and nail deformities Asbestosis is a slow, progressive disease and sufferers can claim asbestos disease compensation for this condition.
- Asbestos lung cancer
- Lung tissue cells become abnormal and grow out of control, forming a tumour. Symptoms include a persistent cough, breathlessness, pain, weight loss and blood in the sputum. Compensation can be claimed for asbestos related lung cancer.
- Mesothelioma
- Aggressive, treatment resistant cancer affecting the lining that covers the body’s organs. The most common form is pleural mesothelioma, affecting the lining of the lungs. The second most common is peritoneal mesothelioma, affecting the lining of the abdominal cavity. Claims can be made for mesothelioma compensation.
Mesothelioma is the most devastating of all asbestos related conditions. There is currently no cure and most sufferers do not survive beyond two years, post diagnosis. Due to this, mesothelioma claims are generally settled for higher sums than other asbestos related conditions.
Those who can identify how and where they were exposed to asbestos and are able to trace the offending party who exposed them to asbestos and/or their insurers, can pursue a civil asbestos compensation claim.
Between 2007 and 2012, the average mesothelioma claim settled for between £137,000 and £153,531. These figures are usually paid in a lump sum and include amounts for pain and suffering, as well as special damages for financial losses such as loss of earnings or medical costs.
If someone is unable to say where they were exposed to asbestos, or their former employer is no longer in business and insurance cannot be traced, they can claim through the Government’s Mesothelioma Act scheme. In July 2014, the average payment for mesothelioma compensation through the scheme was raised to around £123.000.
For many mesothelioma sufferers, a lump sum payment allows them to enjoy a much needed holiday, helps to pay for travelling to and from medical appointments and assists with increased heating bills. A mesothelioma compensation settlement can also provide peace of mind to the sufferer that their family will be looked after financially.
Service personnel who were exposed to asbestos before May of 1987 and who go on to develop an asbestos related condition are unable to pursue a civil claim for compensation due to the rule of Crown Immunity. Those exposed to asbestos by the Ministry of Defence (MoD) are also unable to claim asbestos disease compensation through the Governmental scheme.
The only compensation available to British veterans is the war disablement pension. Unlike civil claims, there is no option for former service personnel to receive a lump sum of compensation. The maximum rate for a non-married navel veteran is just over £31,000 a year. Bearing in mind that mesothelioma is an incurable asbestos related cancer and most sufferers do not live beyond two years post diagnosis, service personnel are receiving very little by way of compensation in comparison to civilians suffering with the same conditions.
A spokesperson for the Royal British Legion called for change; “The Government’s current compensation arrangements for those veterans suffering with asbestos-related cancer are unfair, and have to change…In the current set-up, some veterans suffering with mesothelioma could receive around £150,000 less in compensation than their civilian counterparts.”
The Royal British Legion has been backed by other organisations including The Royal Navy, the Royal Marines Charity, the Royal Marines Widows’ Association and the Royal Naval Association.
Cross-bench peer, Lord Alton has also voiced his concerns, stating ; “It is an injustice that our servicemen and women are discriminated against in this way”.
It would seem that it is not only the amount of asbestos disease compensation veterans receive that is a problem. Graham Dring from the Greater Manchester Asbestos Victims Support Group feels that awareness of the war disablement pension needs to be improved.
He believes there is a “lack of awareness” of the pension scheme as although the MoD accepts that military service has caused asbestos exposure in the Royal Navy between 1939 and 1973, there are only 65 veterans who currently receive the pension. The rapid, debilitating nature of mesothelioma may also be a factor in the low numbers of people applying under the scheme.
The MoD has responded to the charity in a statement which said; “The War Pensions Scheme provides a tax-free pension and supplementary allowances, along with dependent’s benefits. We are considering whether any further flexibility can be provided for future mesothelioma claimants under this scheme. The Government places great importance on the health and wellbeing of our veterans and we are clear that they should not be disadvantaged as a result of their service”.
Asbestos Justice will keep you informed of and updated developments on any changes relating to the war disablement pension for mesothelioma sufferers.
If you require assistance in pursuing a mesothelioma claim or any asbestos disease compensation claim please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.