The Diffuse Mesothelioma Payment Scheme
The DMPS is a scheme run by the government that compensates those suffering from mesothelioma that is diffuse. The DMPS can pay out large sums in the event that a civil lawsuit against an employer is unsuccessful due to the company no longer exists or their insurers cannot be traceable.
However the DMPS has huge gaps, which mean too many sufferers miss out. I've represented clients who fell into these gaps and it's not fair.
What is the DMPS?
A mesothelioma sufferer who is diagnosed with diffuse mesothelioma but is not eligible to pursue a civil compensation claim may apply for the DMPS. The scheme allows for an upfront lump sum up to PS216.896 depending on the patient's age at diagnosis.
The DMPS is only available to people who have been diagnosed with mesothelioma that was caused by their own exposure to asbestos and who have been not able to locate their former employer or their insurers. The same is true for those who have were diagnosed with mesothelioma from other exposures or are not eligible to file a claim without financial support.
This is a great injustice and a very difficult situation for mesothelioma patients to find themselves in. It is also difficult for some victims to accept that they won't receive compensation whatsoever, whereas others who could have received substantial compensation through an appeal in a civil court will see their money taken and paid into DMPS.
Asbestos-related sufferers should be provided compensation that takes into account their individual circumstances, but not at the expense of other mesothelioma victims. The DMPS does not also include any medical expenses, such as chemotherapy or immunotherapy, which may have been necessary to treat symptoms or increase life expectancy.
The DMPS administrator will also take into consideration a mesothelioma patient's eligibility for social security benefits or compensation from their DWP employers. This is an issue of conflict of interest and should be stopped.
Finally, if someone with mesothelioma dies before making a DMPS the heirs of their deceased will be entitled to file an DMPS. In contrast, civil mesothelioma cases are dealt with differently. If a person passes away before the three-year time limit expires, their estate can pursue a compensation claim. It is not clear the reason DMPS was set up in this manner. There are many questions to be asked regarding this issue. This is an area in which I will continue to advocate for change.
How do I submit a claim?
To qualify for a payment through the DMPS you must have come into contact with asbestos at any time. It could have happened at your home or workplace. Workers in a variety of industries were exposed due to asbestos, which was widely used before it was banned. Tradesmen, such as construction workers, electricians, plumbers, and carpenters, as well factory workers were all at risk. Asbestos dust may also affect people who lived close to asbestos factories.
The DMPS was established in 2008 to address a gap that had been created by the Pneumoconiosis Act 1979. It meant that patients diagnosed with mesothelioma diffuse who could not pursue an appeal for compensation through courts could be awarded an amount in one lump sum under the scheme. In the event of someone who passed away prior to having the ability to submit claims under the DMPS, their dependants are now able to apply.
The amount you will receive will be based on the age when you were diagnosed with mesothelioma. The amount will increase with age and reflect the impact the disease has had on your life. You can include your dependents on your DMPS award to help to pay for their medical expenses.
Remember that you are able to pursue a civil lawsuit for compensation while you request an amount through the DMPS. This is to ensure you are receiving the full amount of compensation that is available to you.
A DMPS claim will also grant you PS7,000 to pay for your legal fees. This will pay for the expenses of pursuing your claim. It will be deposited directly to your bank account.
The main issue with DMPS is that it only offers an amount of money and does not provide any specific amount to cover the cost of any medical treatment you might require. Immunotherapy, for instance, has been proven to be effective in certain cases. However why mesothelioma compensation payout can only receive it by filing an injury claim with your former employer's insurance company.
How long can I file a claim before it is too late?
Each year around 300 workers who have been diagnosed with mesothelioma diffuse are unable to get compensation. This is because their employer might no longer be in business or their insurance companies have gone out of business. The DMPS was established to ensure that these people would still receive the compensation that they deserved.
The law's introduction was greeted with enthusiasm because it closed a loophole in the law that had been in place for a long time and allowed people who did not know their employer's name or insurer could not recover compensation.
If you have been diagnosed with Mesothelioma during the last five years, you could be eligible for a DMPS lump-sum payment of up PS90,000. (before deductions). If you've lost your life as a result of mesothelioma or other cancers, then you or your family members could receive a Special Payment of between PS74,000 to PS200,000, based on the age you were at the date of diagnosis.
You or your family may also be eligible for other benefits, like Industrial Injuries Disablement Allowance and Disability Living Allowance. This can be used to help cover the costs of living and travel costs and equipment such oxygen tanks.
If you're applying for the DMPS, then you should be aware that there is only the time left to make your claim. It is essential to complete your application as soon as possible and don't delay any longer. You can speak with an attorney that specializes in mesothelioma to help you with your DMPS claim.
You have three years to make claims on behalf of a family member who passed away from mesothelioma. This is the legal time limit that applies to mesothelioma claims in England and Wales. You can still claim after the deadline, if you have the assistance of an experienced mesothelioma lawyer. The lawyer will make sure that all relevant evidence is provided to maximize your chances of receiving a successful DMPS claim.
What happens If you don't make an insurance claim?
Asbestos compensation solicitors are required by people who have been diagnosed with mesothelioma. It is also crucial that claims are made within the three-year limitation period set by law. This will permit a lawyer to start gathering evidence and creating the foundation of a mesothelioma lawsuit.
Mesothelioma symptoms don't usually appear after a number of years of exposure to asbestos. Unfortunately when someone is diagnosed with mesothelioma, their health is often in decline so that they are left with only months to live.
The Diffuse Mesothelioma Compensation Scheme was established in 2014. It was created to fill an unintended loophole that kept mesothelioma sufferers who could not find their employer or employers liability insurers, from receiving the compensation they were entitled to. It is funded through a levy on insurance companies.
But the DMPS only compensates mesothelioma sufferers who worked in the UK and were exposed to asbestos in the workplace. For example, a client of mine was diagnosed with mesothelioma after exposure to washing her father's asbestos contaminated work clothes in his factory in Higham, Kent. She was not able to make a mesothelioma claim against the former employer of her father, British Uralite. She was awarded only PS18,675 for the result. This did not cover her legal fees. This is an inherent injustice. Immunotherapy treatments are showing great potential for mesothelioma patients and it's vital that those who qualify for treatment receive the funds they require.