Veterans on closer footing to civilians when it comes 'to asbestos pay-outs

There has been much debate in parliament recently in relation to how victims of asbestos-related mesothelioma who served in the armed forces are compensated - or not, as the law currently dictates.

Essentially, the law protects the Ministry of Defence
(MoD) from being sued for compensation for illness or injury caused before May 1987 under section 10 of the Crown Proceedings Act.

A terminal cancer caused
by harmful asbestos dust and fibres, mesothelioma, however, takes decades following exposure to asbestos to show symptoms and manifest itself. Veterans who now find themselves suffering with mesothelioma are highly
likely to have been exposed to asbestos before 1987, before the law changed, preventing them from bringing a claim, despite this option being available to a civilian employee against their same negligent employer.

The Royal British Legion estimates that some 2,500 military veterans will die of mesothelioma from asbestos exposure on ships decades ago. Until 16 December 2015, they could only apply for a war disablement pension or to the armed forces compensation scheme.

The forces charity estimates that, at around £31,000 a year, this is a fraction of the £180,000 lump sum a 63-year-old can expect under the government's diffuse mesothelioma payment scheme for civilians.

However, after a strong campaign led by the Royal British Legion, Defence Minister Mark Lancaster told the House of Commons in December 2015 that veterans would be able to take up the option of a lump sum payment from April 2016.

Naval exposure

The majority of asbestos victims exposed while working for the MoD would have worked on naval ships, where asbestos was used to lag pipes and boilers in engine rooms. Despite the dangers of working with asbestos having been known since the early part of the last century, many service personnel were simply not given the appropriate advice or protective equipment before being asked to carry out tasks which involved cutting into the asbestos, sending the dust flying into the air.

For civilians, the
Mesothelioma Act 2014 enabled the establishment of the diffuse mesothelioma payment scheme, which pays a one-off lump sum to individuals with the disease who cannot trace the relevant employer's liability insurer.

Now, military veterans will themselves be able to choose
a one-off £140,000 lump sum instead of the smaller regular payments under the war pension scheme. Anyone choosing the one-off payment will continue to receive a monthly payment until all of the lump sum is paid. While this is still lower than a civilian may be able to receive, it is a huge step forwards from the previous situation, so the news
is to be welcomed.

Military Covenant breach

Speaking during the committee stage of the Armed Forces Bill, Lancaster told MPs: 'We recognise that mesothelioma is a devastating disease that changes the lives not only of the people who are diagnosed but of those who care about them: their families and loved ones.'

The Military Covenant was created to ensure our troops are treated fairly because of the sacrifices they have made on our behalf. A part of it reads: 'British soldiers must always be able to expect fair treatment,
to be valued and respected as individuals, and that they (and their families) will be sustained and rewarded by commensurate terms
and conditions of service.'

Many had questioned whether the situation for military mesothelioma victims was a breach of the covenant as they were not able to secure the funds that a civilian in a similar situation would. Why should veterans be treated differently simply for serving our country? Civilian employees are able to bring a claim against the MoD and other government departments following negligent exposure to asbestos.

As long as 25 years ago,
I was a member of the Section 10 Abolition Group, which campaigned to correct the situation for veterans suffering with asbestos-related diseases.

Hopefully now, at long last, military veterans will receive the help they deserve. The question, though, is whether the changes should apply retrospectively
to include veterans already diagnosed with mesothelioma. Lancaster said this matter was 'complex and has been subject to discussion', but we feel it is important that all our former troops are treated fairly, and that they too should have the same options as others.

Adrian Budgen is national head of the specialist asbestos-related disease litigation team at Irwin Mitchell @budgen_a www.irwinmitchell.com