The Diffuse Mesothelioma Payment Scheme
The DMPS is a scheme run by the government provides compensation to patients suffering from mesothelioma that is diffuse. If a civil lawsuit for mesothelioma is unsuccessful against an employer as the company is no longer operating and their insurers are unable to be found, then significant payments can be made under the DMPS.
The DMPS, however, has a wide gap that means that many people are not eligible. I've represented clients who fall within those gaps, and it's unfair.
What is the DMPS?
The DMPS is available to mesothelioma patients who have been diagnosed with diffuse mesothelioma, but are not eligible for civil compensation. The scheme allows for an upfront lump sum of up to PS216.896 dependent on the patient's age at the time of diagnosis.
The DMPS only applies to those who've been diagnosed with mesothelioma triggered by their own occupational asbestos exposure and are unable to find their former employer or the insurers of their employers. It is not available to those who were diagnosed with mesothelioma from other exposures, or who are unable to make claims without financial assistance.
This is a terrible injustice and a difficult circumstance for mesothelioma patients. It is also difficult to accept that some sufferers will get nothing at all whilst others who could have received substantial compensation from a civil claim and be deprived of that money them and transferred to the DMPS.
Asbestos victims deserve compensation that is tailored to their specific situation however, not at the expense of other mesothelioma patients. The DMPS also does not include medical expenses, like chemotherapy or immunotherapy, which might have been required to treat symptoms or increase the life expectancy of patients.
It is important to note that mesothelioma victims' eligibility to receive social security benefits or compensation from their DWP employer will be evaluated by the DMPS administrator. This is an unjustified conflict of interest that should not continue.
In the end, if a person who has mesothelioma passes away before making a DMPS the heirs of their deceased will have the right to submit an DMPS. This is different from the way civil mesothelioma claims are handled where if a person dies before their three-year period of limitation runs out, their Estate can still pursue a compensation claim. It is not clear why the DMPS has been set up on this basis. This issue raises a lot of questions. This is an area which I will continue to fight for change.
How do I make a claim?
To be eligible for a payment under DMPS, you must have been exposed to asbestos at some time. It could have happened at work or at home. Workers in many different industries were exposed to asbestos because it was widely used before it was banned. Tradesmen, construction workers, plumbers, carpenters and electricians and factory workers were all at risk. People who lived close to asbestos factories were also at risk because dust would settle on their clothing and home.
The DMPS introduced in 2008, was designed to fill a gap created by the Pneumoconiosis Act of 1979. why mesothelioma compensation payout allowed people with mesothelioma that was diffuse, and who were unable to pursue a compensation claim in court, to receive a lump-sum payment. If someone who passed away prior to being eligible to file claims under the DMPS, their dependants can now make an application.
The compensation you are awarded will be based on the time when you were diagnosed with mesothelioma. The amount will increase as you grow older, which will help to reflect the impact of the disease on your life. You can include your dependents on your DMPS award to help to pay for their medical expenses.
Remember that you may still file a civil claim for compensation at the same time you make a request for a payment through the DMPS. This is to ensure that you are receiving the full amount of compensation that is available to you.
A DMPS claim will also grant you PS7,000 to cover the legal costs. This will pay for the expenses of pursuing your claim. The money will be transferred directly to your bank account.
The biggest issue is that the DMPS only pays a small compensation amount and does not include any specific requirements for any medical treatment you may need. Immunotherapy, for example, has been proven effective in certain instances. However, you can only get it when you file an appeal for compensation in civil court with your former employer's insurance company.
How long do I have to file an application?
Every year, around 300 people who have developed mesothelioma diffuse struggle to get compensation. This is due to the fact that their employer may no longer be operating or their insurers have gone out of business. The DMPS was established to ensure that these people could still receive the benefits that they deserved.
The law's introduction was welcomed because it plugged a loophole that existed in the law for many years which meant that those who didn't know their employer or insurer were unable to recover compensation.
If you were diagnosed with mesothelioma within the last five years, you could be eligible for an DMPS lump-sum payment up to PS90,000. (before deductions). If you or a member of your family was killed as a result of mesothelioma then you could be eligible for a Special Payment between PS74,000-PS200,000 depending on how old you were at the time of your diagnosis.
You or your family members may also be eligible for other benefits, including Industrial Injuries Disablement Allowance and Disability Living Allowance. This can be used to help pay for the cost of daily expenses of living and travel costs, as well as equipment such oxygen tanks.
It is important to be aware of the limited time left to file your claim if you're applying for DMPS. You should submit your application as quickly as possible. You can contact an attorney that specializes in mesothelioma and can assist you with your DMPS claim.
If you're claiming on behalf of a deceased relative suffering mesothelioma or other cancers, you have three years from the date of the death of your relative to file a claim. This is the statutory time frame for mesothelioma lawsuits in England and Wales. You can still claim after this deadline if you are assisted by an experienced mesothelioma lawyer. The lawyer will make sure that all relevant evidence is presented to increase your chances of winning a DMPS claim.
What happens if I don't make a claim?
Anyone diagnosed with mesothelioma should be quick to act and instruct asbestos compensation solicitors. It's important to make an application within the three-year limit set by law. This will ensure that a solicitor is able to start gathering evidence and assembling a solid mesothelioma lawsuit.
Mesothelioma symptoms aren't typically apparent until a long time after exposure to asbestos. Sadly, by the time someone is diagnosed with mesothelioma their health has often deteriorated so that they are left with only a few months left to live.
The Diffuse Mesothelioma Compensation Scheme was introduced in 2014. It was created to fill an unintended loophole that stopped mesothelioma patients who were unable to not find their employer or employers liability insurers from receiving the compensation that they were entitled to. It is funded through the insurance companies through a levy.
However the DMPS only compensates mesothelioma sufferers who worked in the UK and suffered direct exposure to asbestos in the workplace. One of my clients, for example has developed mesothelioma following the washing of her father's asbestos-contaminated work attire in his factory in Higham. She was unable to submit a mesothelioma claim against British Uralite, her father's former employer. The company only paid her PS18,675 for the result. The amount was not enough to cover her legal fees. This is an inherent injustice. Immunotherapy treatments show great promise for those suffering from mesothelioma and it is crucial that those who qualify receive the financial support they require.