The Diffuse Mesothelioma Payment Scheme
The DMPS, a government-led scheme provides compensation to patients with diffuse mesothelioma. The DMPS will pay large amounts if a civil claim against an employer is unsuccessful due to the company has ceased to exist or their insurers cannot be traceable.
However the DMPS has huge gaps, which means that many sufferers don't get out. I've helped clients who fall within those gaps, and it's unfair.
What is the DMPS?
A mesothelioma patient who has been diagnosed with diffuse mesothelioma, but does not qualify to pursue a civil compensation claim can apply for DMPS. 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 caused by asbestos exposure in their workplace and are unable to find their former employer, or the insurers of their employers. This leaves those who developed mesothelioma due to other exposures or who are not eligible to file claims without financial assistance.
This is a great injustice and a very difficult situation for mesothelioma patients to find themselves in. It can be difficult to reconcile the fact that some sufferers will get nothing at all whilst others who could have recovered substantial compensation from a civil claim, will have that money withdrawn from them and deposited into the DMPS.
Asbestos-related sufferers should be provided compensation that is based on their individual circumstances, but not at the expense of other mesothelioma victims. Furthermore, the DMPS does not consider medical expenses like chemotherapy or immunotherapy that could have been necessary to ease symptoms and increase life expectancy.
The DMPS administrator will also consider a mesothelioma patient's eligibility for social security benefits or compensation from their DWP employers. This is an issue of conflict of interest and must be ended immediately.
Finally, if someone who has mesothelioma passes away before making a DMPS and their heirs have the right to submit an DMPS. In contrast mesothelioma cases involving civil parties are handled differently. If a person passes away before the three-year statute of limitations expires, their estate can pursue a compensation claim. It is unclear why the DMPS has been set up on this basis. There are a lot of questions to be asked regarding this issue. This is a field where I will continue to fight for change.
How do I submit a claim?
To qualify for a payment through the DMPS you must have been in contact with asbestos at least one time. You may have been exposed to asbestos at home or in the workplace. Workers from a variety of industries were exposed due to asbestos, which was widely used before it was banned. Construction workers, tradesmen like electricians, plumbers and carpenters, as well factory workers were all at risk. Asbestos dust could also affect people who lived near asbestos-producing factories.
The DMPS was launched in 2008 to fill in a gap which had been created by the Pneumoconiosis Act 1979. This meant that those diagnosed with diffuse mesothelioma and who could not pursue a compensation claim through the courts could receive a lump sum under the scheme. In the case of someone who passed away prior to being eligible to file a claim under the DMPS and their family members can now make an application.
The amount you will receive is determined by your age at the date you were diagnosed with Mesothelioma. The amount you receive will increase as you age, reflecting the impact the disease has affected your life. You can include your dependents on your DMPS award to help with their healthcare costs.
You should remember that you are able to file a civil claim for compensation while you make a request for an amount through the DMPS. This will ensure that you get the maximum amount of compensation.
A DMPS claim will also pay you PS7,000 to cover your legal fees. This will pay for the expenses of the process of pursuing your claim. It will be deposited directly to your bank account.
The main problem with the DMPS is that it only offers a small amount of compensation and it largest mesothelioma settlement does not include any specific component for the cost of any medical treatment you might require. For instance, immunotherapy has been proven effective in certain instances. However you can only receive it if you file an injury claim with your former employer's insurance company.
How long do I have to file a claim?
Each year, about 300 patients who have been diagnosed with mesothelioma diffuse are unable to get compensation. This is because their employer may not be operating or their insurers have been shut down. The DMPS was designed to ensure that those affected get the compensation they deserve.
Its introduction was a welcome one as it closed a loophole that existed in the law for years and meant that those who did not know their employer or insurer were unable to recover compensation.
If you were diagnosed with mesothelioma in the last five years or less, then you may be entitled to an DMPS lump sum payment of up to PS90,000. (before deductions). If you've lost your life due to mesothelioma, then you or your family could receive a Special Payment of between PS74,000 and PS200,000 depending on the age you were at the date of diagnosis.
Your family or you may also be eligible for other benefits, like Industrial Injuries Disablement Allowance and Disability Living allowance. This could help with the day to day costs of living, travel expenses and also the cost of equipment such as oxygen tanks.
If you're applying for the DMPS, then you should be aware that you have only a limited amount of time to submit your claim. It is essential to submit your application as soon as you can and don't put off your application for too long. You can contact mesothelioma lawyers who will assist with your DMPS claim and ensure that it is properly submitted.
You have three years to submit claims on behalf of a loved one who died from mesothelioma. This is the legal time limit for mesothelioma claims in England and Wales. You can still claim after the deadline provided you are assisted by a skilled mesothelioma lawyer. The lawyer will ensure that all of the necessary evidence is provided to maximize the chances of obtaining the successful DMPS Claim.
What happens if I don't submit a claim?
Those diagnosed with mesothelioma must act quickly and instruct asbestos compensation solicitors. It is crucial to submit claims within the three-year limit that is set by law. This will allow a lawyer to begin collecting evidence and assembling the foundation of a mesothelioma lawsuit.
The symptoms of mesothelioma typically don't appear for many years after asbestos exposure. Unfortunately when someone is diagnosed with mesothelioma their health has usually deteriorated to the point that they only have the remaining months to live.
The Diffuse Mesothelioma Payment Scheme launched in 2014 to plug a loophole that prevented mesothelioma sufferers who could not locate their employer or' liability insurers from receiving the compensation they deserved. It is funded through an insurance company levy.
The DMPS will only compensate mesothelioma patients who have worked in the UK, and were exposed to asbestos at work. A client of mine has, for instance has developed mesothelioma following the washing of her father's asbestos-contaminated work clothing in his factory in Higham. She was unable to pursue a mesothelioma case against the former employer of her father, British Uralite. As a result she received just PS18,675 from the DMPS. This was not enough to pay for her legal fees. This is an injustice. Immunotherapy treatments show great promise for those suffering from mesothelioma and it is vital that those who qualify receive the funds they need.