The Diffuse Mesothelioma Payment Scheme
The DMPS, a government-led scheme, pays compensation to those with diffuse mesothelioma. If a civil claim for mesothelioma does not succeed against an employer due to the fact that the company no longer exists and their insurers are unable to be traced then substantial payouts can be made under the DMPS.
The DMPS, however, has a lot of gaps, which means that many people are not eligible. I've represented clients who were caught in these gaps and it's not fair.
What is the DMPS?
A mesothelioma patient who has been diagnosed with diffuse mesothelioma, but is not eligible to pursue a civil compensation claim can apply for the DMPS. The scheme offers an upfront lump sum of up to PS216.896 dependent on the age of the patient at diagnosis.
The DMPS only applies to those who've been diagnosed with mesothelioma caused by asbestos exposure at work and are unable to locate their former employer or the insurers of their employers. Therefore, it is not available to those who have been diagnosed with mesothelioma as a result of exposure to asbestos or who are unable to file a civil lawsuit without any financial support.
This is a grave injustice and a difficult time for mesothelioma patients. It is also difficult to reconcile the fact that some sufferers will get nothing at all whilst others who could have recovered significant compensation through an appeal to the civil court and have that money withdrawn from them and paid into the DMPS.
Asbestos-related sufferers should be provided compensation that considers their unique circumstances but not at the expense of mesothelioma sufferers from other countries. The DMPS also does not include any medical expenses, like immunotherapy and chemotherapy, which might have been required to treat symptoms or increase life expectancy.
It is important to note that mesothelioma patients' ability to receive social security benefits or compensation from their DWP employer will be considered by the DMPS administrator. This is an issue of conflict of interest and should be stopped.
Finally, if someone with mesothelioma dies before the submission of a DMPS the heirs of their deceased will have the right to submit a DMPS. This contrasts with the way mesothelioma lawsuits are handled in civil court when someone dies before their 3 year time limit expires, their Estate can still pursue a compensation claim. mesothelioma payout is unclear why the DMPS was established on this basis. This issue has raised a number of questions. This is a field in which I will continue fight for change.
How do I submit a claim?
To be eligible for a payment through the DMPS you must have come into contact with asbestos at least one time. You may have been exposed to asbestos in your home or in the workplace. Workers from a variety of industries were exposed because asbestos was used extensively until it was banned. Tradesmen, such as construction workers, plumbers, carpenters and electricians as well as factory workers were all at risk. Asbestos dust may also affect people who lived close to asbestos factories.
The DMPS was established in 2008, fills a gap created by the Pneumoconiosis Act of 1979. This meant that those diagnosed with mesothelioma diffuse who were unable to pursue an action for compensation through the courts were able to receive an amount in one lump sum under the scheme. In the case of a person who died before having the ability to submit claims under the DMPS and their family members are now able to apply.
The amount you receive will be based on your age when you were diagnosed with mesothelioma. The amount you receive will increase as you age depending on the impact that the disease has had on your life. If you have dependents they may also apply to be included on your DMPS award, which will assist in paying for their medical expenses.
You should 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 will ensure that you receive the full amount of compensation available to you.
Another benefit of making an DMPS claim is that you will receive PS7,000 towards the legal costs. This will cover the costs of making your claim and will be deposited directly into your bank account.
The most significant issue is that the DMPS only pays a small compensation amount and doesn't contain any specific elements for any medical treatment you might need. Immunotherapy, for instance, has been proven effective in certain instances. However it is only possible to get it by filing an injury claim with your former employer's insurance company.
How long can I make an application before it becomes too late?
Each year around 300 workers who have been diagnosed with mesothelioma diffuse are unable to seek compensation. This is because their employer may not be in business or their insurance companies have shut down. The DMPS was introduced to ensure those affected could still receive the money they earned.
Its introduction was welcomed as it plugged a hole in the law that had been present for years and which resulted in people who didn't know their employer or insurer were unable to recover compensation.
If you were 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 or one of your family members was killed as a result of mesothelioma, you could be eligible for Special Payments of between PS74,000 and PS200,000 dependent on the age at which you were at the time you were diagnosed.
In addition to these lump sum payments you or your family may also be eligible for additional benefits such as Industrial Injuries Disablement Benefit and Disability Living Allowance. This can be used to help cover the costs of living and travel costs, as well as equipment such oxygen tanks.
You must be aware of the short time left to submit your claim if you're applying for DMPS. It is important that you submit your application as soon as you can and don't wait any longer. You can contact an attorney that specializes in mesothelioma and can assist you with your DMPS claim.
If you are claiming on behalf of someone who died mesothelioma, you are entitled to three years from the date of their death to file a claim. This is the legal time limit for mesothelioma cases in England and Wales. However, you are able to claim after this deadline provided you have the assistance of an experienced mesothelioma lawyer. This lawyer will make sure that all of the necessary evidence is provided to maximize your chances of obtaining the successful DMPS Claim.
What happens when you don't file a claim?
Asbestos compensation solicitors are needed by patients diagnosed with mesothelioma. However, it's also essential that claims are made within the three-year limitation period that is stipulated by law. This will enable a lawyer to begin gathering evidence and creating a solid mesothelioma claim.
The signs of mesothelioma don't appear for many years after asbestos exposure. 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 Payment Scheme was launched in 2014 to plug the gap that had prevented mesothelioma patients who could not locate their employer or insurance liability insurers from receiving the compensation they deserved. It is funded by the insurance companies through a levy.
But the DMPS only compensates mesothelioma victims who worked in the UK and suffered direct exposure to asbestos at work. A client of mine, for example was diagnosed with mesothelioma after washing her father's asbestos-contaminated work clothes in his factory in Higham. She was not able to file a claim for mesothelioma against British Uralite which was her father's former employer. The result was that she received just PS18,675 from the DMPS. This was not enough to pay for her legal fees. This is a blatant injustice. Immunotherapy therapies are promising for patients with mesothelioma and it is crucial that those who qualify receive the funds they need.