The Diffuse Mesothelioma Payment Scheme
The DMPS is a government-led scheme that pays compensation to patients suffering from mesothelioma with a diffuse form. The DMPS will pay large amounts if a civil claim against an employer fails because the company is no longer in existence or their insurers aren't traceable.
The DMPS however, has large gaps that mean too many people miss out. I've represented clients who were caught in these gaps, and it's unfair.
What is the DMPS?
The DMPS is for mesothelioma patients who have been diagnosed with diffuse mesothelioma, but are not eligible for civil compensation. The scheme offers an upfront lump sum amounting to PS216.896 dependent on the patient's age at the time of diagnosis.
The DMPS is only available to those diagnosed with mesothelioma caused by their own exposure to asbestos and who have been unable to trace their former employer or their employers' insurers. The same is true for those who have developed mesothelioma due to other exposures, or who are unable to make an application without financial support.
This is a grave injustice and a difficult situation for mesothelioma patients. It can be difficult for some victims to comprehend that they will receive no compensation at all, while others who could have received substantial compensation via the civil process will have their money taken and paid into DMPS.
Asbestos victims should receive compensation that is specific to their situation but not at the expense other mesothelioma patients. The DMPS does not include any medical expenses, such as chemotherapy or immunotherapy, which may have been necessary to alleviate symptoms or improve life expectancy.
It is important to note that mesothelioma patients' ability to be eligible for social security benefits and/or compensation from their DWP employer will be considered by the DMPS administrator. This is a conflict of interest that must be ended immediately.
In the end, if a person with mesothelioma dies before submitting a DMPS the heirs of their deceased will have the right to submit a DMPS. This is different from the way that mesothelioma lawsuits are handled in civil court when someone dies before their three year period of limitation runs out the estate can pursue a compensation claim. It is unclear what the reasoning behind why DMPS was created in this way. This issue raises a lot of questions. This is a subject where I will continue to fight for change.
How do I make a claim?
In order to qualify for a payment under the DMPS it is necessary to have been exposed to asbestos at least once. You may have been exposed to asbestos in your workplace or at home. Asbestos was widely used until it was banned. This meant that workers in many different industries were exposed dangerous fibers. This included tradesmen, construction workers like electricians, plumbers and carpenters, as well factories workers. People who lived near asbestos factories were also at risk because the dust would drift onto their clothing and home.
The DMPS, which was introduced in 2008, fills a gap created by the Pneumoconiosis Act of 1979. The scheme allowed people with mesothelioma that was diffuse, and who were not able to pursue a compensation claim in court and receive an amount in lump sum. If a person dies before they could file an application, their family members can now apply.
The amount you receive will be determined by the age you were at the date you were diagnosed with Mesothelioma. The amount will increase as you get older and this will help to reflect the impact of the disease on your daily life. If you have dependents they may be eligible to be included on your DMPS award. This will help to pay for their healthcare needs.
It is crucial to remember that you can still make a civil compensation claim while you are applying for payments under the DMPS. This will ensure that you receive the entire amount of compensation available to you.
A DMPS claim will also give you PS7,000 to cover your legal fees. This will pay for the expenses of the process of pursuing your claim. The money will be transferred directly to your bank account.
The most significant issue is that the DMPS only pays a small compensation amount and does not include any specific requirements for any medical treatment that you might require. Immunotherapy, for example, has been proven effective in certain cases. However, you can only get it if you file an injury claim with the insurance company of your former employer.
How long can I make an application before it becomes too late?
Every year, around 300 people who have been diagnosed with mesothelioma diffuse are unable to seek compensation. This is because their employer may not be operating or their insurers have gone out of business. The DMPS was created to ensure that these individuals would still receive the compensation they deserve.
Its introduction was welcome as it plugged a loophole that existed in the law for a long time and meant that those who didn't know their employer or insurer could not recover compensation.
If you have been diagnosed with mesothelioma during the past five years and you are entitled to a DMPS lump sum payment of up to PS90,000. (before average payout for mesothelioma ). If you've passed away as a result of mesothelioma, then you or your family members could receive a Special Payment of between PS74,000 and PS200,000 based on your age at the date of diagnosis.
In addition to these lump sum payments, you or your family could also be entitled to additional benefits, such as Industrial Injuries Disablement Benefit and Disability Living Allowance. This could help with the day to day expenses of living, travel costs and the cost of equipment such as oxygen tanks.
You should be aware of the short time left to file your claim if applying for DMPS. It is crucial to submit your application as quickly as you can and don't wait any longer. Contact mesothelioma lawyers who will assist with your DMPS claim and ensure it is submitted correctly.
You have three years to file a claim on behalf of a relative who died from mesothelioma. This is the legal time frame for mesothelioma lawsuits in England and Wales. You are still eligible to claim with an attorney for mesothelioma on your side. The lawyer will ensure that all of the necessary evidence is provided to increase your chances of obtaining a successful DMPS Claim.
What happens when you do not make an insurance claim?
Asbestos compensation solicitors are needed by those diagnosed with mesothelioma. However, it's also essential that the claim is filed within the timeframe of three years stipulated by law. This will ensure that a solicitor can begin gathering evidence and compiling a robust mesothelioma claim.
Mesothelioma symptoms aren't typically apparent until a long time after exposure to asbestos. Sadly when someone is diagnosed with mesothelioma their health has often deteriorated to the point that they have only a few months to live.
The Diffuse Mesothelioma Compensation Scheme was introduced in 2014. It was created to fill an insufficiency that stopped mesothelioma patients who were unable to not locate their employer, or employers liability insurers, from receiving the compensation that they were entitled to. It is funded through a levy on insurance companies.
But, the DMPS only compensates mesothelioma victims who worked in the UK and suffered direct exposure to asbestos at work. For instance, a client of mine was diagnosed with mesothelioma thanks to the washing of her father's asbestos contaminated work clothes at his factory in Higham, Kent. She was unable to submit a mesothelioma claim against British Uralite which was her father's former employer. In the end, she was awarded only PS18,675 from DMPS. This was not enough to pay for her legal fees. This is a blatant injustice. Immunotherapy treatments show great promise for patients with mesothelioma and it is crucial that those who are eligible receive the funds they need.