Armed Forces

Armed Forces Compensation

Asbestos has long been considered a dangerous material where it was widely used in the shipbuilding and construction industry before laws introduced in the mid 1980’s banned the importation and use of blue asbestos (crocidolite), brown asbestos (amosite), and in 1999 the use and import of white asbestos (chrysotile).

The nature and extent of asbestos use inevitably brought many of HM Armed forces into contact with its potentially lethal fibres which are the cause of various asbestos related illnesses such as mesothelioma, lung cancer, asbestosis, pleural thickening, pleural effusions and pleural plaques.

Asbestos related diseases can take up to 50 years to develop and is therefore a complaint mainly affecting our retired community who have long left work.

Sadly under Crown Immunity legislation veterans cannot seek compensation for an asbestos illness if their only source of exposure was caused within the forces (army, Royal Navy and Royal Air Force) before 1987. Importantly if there has been further exposure outside of the armed forces this could significantly change the position and put a veteran in the same position as a civilian who would enjoy full rights to compensation and state benefits.

If you are a veteran suffering from an asbestos related disease and were exposed to asbestos during employment outside of HM forces call us today on FREEPHONE 0808 164 7740, send an email to info@scottishasbestoshelpline.co.uk or complete our enquiry form and we will contact you shortly.

In order to prevent veterans who suffer from asbestos illnesses being uncompensated an Armed Forces Compensation Scheme exists which provides a war disablement pension for injuries and illnesses caused through service. This scheme replaced the former War Pension Scheme in 2005.

From 11th April 2006 the Government further strengthened the position of veterans who suffer from the incurable asbestos related lung cancer known as mesothelioma by providing them with a choice of compensation. Legislative provisions provide either a one-off lump sum compensation of £140k or alternatively a traditional war pension.

Before deciding upon any course of action you should contact us to discuss your case. If it transpires you have encountered exposure to asbestos outside of HM Forces you might be better placed to consider bringing a civil claim for compensation given the high value of compensation awards. In Scotland an award for mesothelioma could see damages being awarded in excess of £140k with further rights to your ‘immediate family’ for additional compensation established by the Damages Scotland Act 2011.

Further information can be obtained from https://www.gov.uk/guidance/pensions-and-compensation-for-veterans.