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Asbestos Claims against the Ministry of Defence (MoD)

How Does This Happen?

Asbestos is now known as a banned, dangerous substance, which can cause a number of cancers and respiratory diseases. Between 1950 and 1970, it was widely used for its heat resistant properties in manufacturing, construction and shipbuilding. It provides insulation and can be processed into a variety of forms, and so it became prevalent in a variety of industries and settings. Unfortunately, the side effects of asbestos inhalation were not as well known. For decades, employers knew that it had a negative impact on health, but because this wasn’t well researched or understood, many didn’t see the need to provide any protection against it.

As a result, many personnel in military service were exposed to asbestos over the course of their employment; leaving some with severe and sometimes life-threatening, diseases.

Where protection was not provided to personnel, during their career in the armed forces; where they later contracted an asbestos related illness, they may be entitled to make an asbestos claim against the MoD.

Many asbestos related diseases can take 20 to 30 years to surface, and so if you were exposed, you could be suffering from symptoms already. If your spouse served in the armed forces, and was exposed, you may also have been exposed, as fibres can be brought home on their uniform. There are a number of diseases which can be caused by asbestos, some of which are exclusively asbestos induced; among them are pleural thickening, mesothelioma, asbestosis and lung cancer.

To contract disease like these, you will usually need to have been exposed at a low level over a period of many years. Whilst not impossible, it’s unlikely that you will have contracted any of these after a one-off incident.

Our MoD Asbestos Claims Experience

We recognise the monumental commitment, and sacrifice, that our troops and their families make, and we passionately believe that service personnel deserve the best medical care, and support.

We work at the cutting edge of military accident case law and it’s quite likely that we will have overseen a case like yours in the past. This means that we can concentrate on the most critical matters from the outset. Whether you served in the Army, Navy, or Royal Air Force (RAF), we can help you.

Dealing with armed forces compensation claims requires a great deal of expertise. Our Solicitors have experience in dealing with the Ministry of Defence (MoD), their claims handling insurers and solicitors. We understand that making a military injury claim and speaking to a solicitor is frowned upon; so you can rest assured that all of our advice is independent and strictly confidential. Where you have contracted a disease, it can take a huge physical and emotional toll on you, and your family, so we take care to approach these matters in a supportive and sensitive way.

We will assess the present impact of the accident or injury on your health, as well as any future implications; such as loss of earnings, costs for therapy, treatment and care. We will then use this information to achieve an armed forces compensation award, which fairly reflects the undue pain, suffering, and inconvenience that you have had to bear. By working in this way, we are able to achieve the greatest possible success for your claim, so that it supports you both now, and in future.

Be Quick…

There are time limits in place for making claims of this kind, so you should speak to us as soon as you suspect that your career in the armed forces has affected your health. When suffering with an asbestos related disease, an early diagnosis can help to slow the progression of the disease. Regular checks and monitoring can take place, and therapy can be arranged, helping to alleviate the symptoms. If you suspect anything, speak to your GP, then speak to us.

Next Steps

Where your injury comes as a result of an accident that isn’t your fault, you may be able to make a civil claim, as well as claiming through the Armed Forces Compensation Scheme. If you were employed within the Armed Forces, and experienced asbestos exposure, which later lead to an asbestos related disease; you may be able to make a compensation claim. If the exposure was after 1987 (when the Crown Proceedings Act removed the “Crown Immunity”, which prevented Military Personnel from making personal injury compensation claims against the Ministry of Defence), you can make a claim. A case like this will be treated in much the same way as a civilian case against their employer.

If the exposure occurred prior to 1987, you will not be able to make a claim for personal injury compensation; although you may be entitled to claim a War Pension, or to make a claim under the Armed Forces Compensation Scheme.

We pride ourselves on our provision of first-class legal advice and support. Our team of expert solicitors have a wealth of expertise and knowledge, that you will be hard-pressed to find elsewhere. For free, expert advice on pursuing a military disease claim, speak to us today.

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