The Diffuse Mesothelioma Payment Scheme
The DMPS is a government lead scheme that pays compensation to patients suffering from diffuse mesothelioma. The DMPS can pay out large sums if a civil claim against an employer fails because the company has ceased to exist or their insurers are not traceable.
The DMPS, however, has a wide gap that means that many people are not eligible. I've represented clients who fall into those gaps and it is unfair.
What is the DMPS?
The DMPS is open to patients with mesothelioma who have been diagnosed with mesothelioma diffuse but are not qualified for civil compensation. The scheme provides an upfront lump sum of up to PS216.896 depending on the patient's age at diagnosis.
The DMPS only applies to those who've been diagnosed with mesothelioma caused by asbestos exposure at work and cannot find their former employer or the insurers of their employers. Consequently, this leaves those who have been diagnosed with mesothelioma as a result of other exposure or who aren't able to make a civil claim without financial assistance.
This is a terrible injustice and a difficult situation for mesothelioma patients. It can be difficult for some patients to comprehend that they won't receive compensation whatsoever, whereas others who might have received substantial compensation through a civil case will have their money taken from them and paid into DMPS.
Asbestos victims should receive compensation that takes into account their particular circumstances, but not at the expense of mesothelioma sufferers from other countries. The DMPS does not also include any medical expenses, such as chemotherapy or immunotherapy, which might have been required to ease symptoms or increase life expectancy.
It is important to note that mesothelioma patients' ability to claim social security benefits and/or compensation from their DWP employer will be considered by the DMPS administrator. This is a conflict of interest that should not continue.
Finally, if mesothelioma sufferers die prior to submitting a DMPS application the right to apply passes to their dependents. This contrasts with the way in which mesothelioma lawsuits are handled in civil court in the event that the deceased person dies before their 3 year time limit expires, their Estate can still pursue a compensation claim. It is unclear why the DMPS was established on this basis. There are a lot of questions to be asked about this issue. are filing a mesothelioma lawsuit payouts is a subject which 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 at home or in the workplace. Asbestos was widely used until it was banned. This meant that workers in many different industries were exposed dangerous fibers. Tradesmen, construction workers, plumbers, carpenters and electricians and factory workers were all at risk. People who lived close to asbestos factories also were at risk since the dust would drift onto their clothes and even their homes.
The DMPS introduced in 2008, fills an unmet need created by the Pneumoconiosis Act of 1979. The scheme allowed people with diffuse mesothelioma, who were not able to pursue a compensation claim in court and receive an unspecified lump-sum amount. If someone died before they could make claims, their heirs are now able to apply.
The amount you will receive will be based on the time when you were diagnosed with mesothelioma. The amount will increase with age and reflect the impact the disease has affected your life. If you have dependants you can also apply for inclusion on your DMPS award, which will help to pay for their medical expenses.
Remember that you can still pursue a civil lawsuit for compensation at the same time you request a payment through the DMPS. This is to ensure that you are receiving the full amount of compensation that is available to you.
Another benefit of making a DMPS claim is that you will be given PS7,000 towards the legal costs. This will cover the cost of making your claim. It will be paid directly to your bank account.
The biggest issue with the DMPS is that it only offers a small amount of compensation and does not provide any specific component to cover the cost of any medical treatment you may require. For example, immunotherapy has proved to be effective in certain instances, and this is a benefit that you can only receive if you make an appeal for compensation through your former employer's insurance.
How long can I file a claim before it is too late?
Around 300 workers with diffuse mesothelioma are unable to claim compensation each year. It could be because their employer has stopped operating or their insurance companies are no anymore in business. The DMPS was created to ensure that these people would still receive the compensation they were entitled to.
Its introduction was welcomed as it plugged a hole in the law that had been in place for many years and allowed people who did not know their employer or their insurer could not claim compensation.
If you were diagnosed with mesothelioma within the last five years, you may be eligible for an DMPS lump-sum payment up to PS90,000. (before deductions). If you or one of your family members was killed as a result of mesothelioma then you could be eligible for a Special Payment of between PS74,000 and 200,000 depending on how old you were at the time you were diagnosed.
In addition to these lump sum payments, you or your family could also be entitled to additional benefits like Industrial Injuries Disablement Benefit and Disability Living Allowance. This can help with the day-to-day costs of living, travel costs and also the cost of equipment such as oxygen tanks.
It is important to be aware of the limited time left to submit your claim if applying for DMPS. You must complete your application as soon as possible. You can reach out to mesothelioma lawyer who will assist with your DMPS claim and ensure that it is properly submitted.
If you are seeking compensation on behalf of a deceased relative suffering from mesothelioma, you have three years from the date of the death of your relative to file a claim. This is the statutory deadline for mesothelioma claims in England and Wales. You are still eligible to claim with a mesothelioma attorney on your side. This lawyer will ensure that all necessary evidence is submitted to maximize your chances of obtaining the successful DMPS Claim.
What happens if I don't make a claim?
Asbestos compensation solicitors are needed by those diagnosed with mesothelioma. It's important to make claims within the three-year limit stipulated by law. This will allow a lawyer to begin gathering evidence and assembling a solid mesothelioma claim.
Symptoms of mesothelioma usually do not manifest for a long time after asbestos exposure. Unfortunately at the point a person is diagnosed with mesothelioma their health is usually declining to the point that they only have a few months left to live.
The Diffuse Mesothelioma Compensation Scheme launched 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 they deserved. The scheme is funded by an insurance company levy.
But the DMPS only compensates mesothelioma sufferers who worked in the UK and had direct exposure to asbestos at work. For example, a client of mine developed mesothelioma due to the washing of her father's asbestos contaminated work clothes at his factory in Higham, Kent. She was not able to make a claim for mesothelioma against British Uralite which was her father's former company. The company only paid her PS18,675 for the result. This was not enough to cover her legal costs. This is a fundamental injustice. Immunotherapy therapies are promising for those suffering from mesothelioma and it is crucial that those who are eligible receive the funding they require.