The Diffuse Mesothelioma Payment Scheme
The DMPS is a government-led scheme that provides compensation to those suffering from diffuse mesothelioma. The DMPS can pay out large sums in the event that a civil lawsuit against an employer fails because the company is no longer in existence or their insurers cannot be traceable.
The DMPS has a lot of gaps, which means too many people miss out. I've represented clients who have fallen into these gaps and it's unfair.
What is the DMPS (Digital Media Payment System)?
The DMPS is for 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 is only available to those who have been diagnosed with mesothelioma triggered by their own exposure to asbestos and who were unable to trace their former employer or their employers' insurers. Therefore, will filing a mesothelioma lawsuit payout is not available to those who have developed mesothelioma as the result of exposure to asbestos or who aren't able to file a civil lawsuit without any financial support.
This is a terrible injustice and a difficult time for mesothelioma sufferers. It can be difficult for some victims to comprehend that they will receive no compensation whatsoever, whereas others who might have received substantial compensation through a civil case will have their money taken from them and transferred to DMPS.
Asbestos-related sufferers should be provided compensation that takes into account their individual circumstances, but not at the cost of other mesothelioma patients. Furthermore, the DMPS does not take into account any medical expenses like chemotherapy or immunotherapy that might be required to relieve symptoms and increase life expectancy.
It is important to note that a mesothelioma victim's 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 be stopped.
Lastly, if mesothelioma sufferers die before making an DMPS application the right to make a DMPS application is transferred to their heirs. In contrast mesothelioma cases that are civil in nature are handled differently. If the deceased person dies before the three-year statute of limitations expires, their estate can pursue a compensation case. It is not clear why the DMPS has been set up on this basis. This issue has raised a number of questions. This is a subject in which I will continue to campaign for change.
How do I make a claim?
To qualify for a payment through the DMPS you must have been in contact with asbestos at any time. You could have been exposed to asbestos in your home or in the workplace. Asbestos was widely used until it was banned, which meant that workers in many different industries were exposed to the deadly fibres. Tradesmen, such as construction workers, electricians, plumbers, and carpenters, as well factory workers were all at risk. Asbestos dust may also affect people who lived close to asbestos factories.
The DMPS was launched in 2008 to fill in a gap that had been created by the Pneumoconiosis Act 1979. The scheme allowed people with mesothelioma that was diffuse, and who were not able to pursue a compensation claim in court, to receive an unspecified lump-sum amount. If someone died before they could make an application, their family members can now apply.
The amount you receive will be determined by your age at the date you were diagnosed with Mesothelioma. The amount will increase as you get older, and this will assist to reflect the impact of the disease on your life. If you have dependents, they can be eligible to be included on your DMPS award, which will allow you to pay for their healthcare needs.
It is crucial to keep in mind that you are able to make a civil compensation claim at the same time as you are submitting payments under the DMPS. This is to ensure you receive the full amount of compensation available to you.
Another benefit of filing a DMPS claim is that you will be given PS7,000 towards legal fees. This is to cover costs associated with the process of pursuing your claim. It will be paid directly into your bank account.
The biggest issue is that the DMPS only pays a small compensation amount and does not contain any specific elements for any medical treatment you might need. For instance, immunotherapy has been proven effective in some instances. However, you can only get it when you file an appeal for compensation in civil court with the insurance company of your former employer.
How do I need to wait to make a claim?
Around 300 workers with mesothelioma that is diffuse are not able to claim compensation every year. It could be because their employer is no longer trading or that their insurers are no longer in business. The DMPS was created to ensure that those affected could still receive the benefits they were entitled to.
The law's introduction was greeted with enthusiasm because it plugged a hole in the law that had been in place for a long time and resulted in people who didn't know their employer or insurer could not claim compensation.
If you have been diagnosed with Mesothelioma in the last five years, you could be eligible for an DMPS lump-sum payment of up PS90,000. (before deductions). If you've passed away due to mesothelioma, you or your family may receive an additional 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 eligible to additional benefits such as Industrial Injuries Disablement Benefit and Disability Living Allowance. This could help to cover the costs of living and travel expenses, as well as equipment such oxygen tanks.
If you are applying for the DMPS If you are, then be aware that you have only an amount of time left to make your claim. It is crucial to submit your application as quickly as possible and don't put off your application for too long. You can contact a mesothelioma solicitor who will assist with your DMPS claim and ensure that it is filed correctly.
You have three years to file a claim on behalf of a loved one who passed away from mesothelioma. This is the legal time limit for mesothelioma lawsuits in England and Wales. You can still claim when you have an attorney for mesothelioma on your side. This lawyer will ensure that all relevant evidence is provided to increase your chances of receiving a successful DMPS claim.
What happens if you do not make an insurance claim?
Patients diagnosed with mesothelioma need to be quick to act and instruct asbestos compensation solicitors. It is also crucial that a claim is made within the timeframe of three years that is stipulated by law. This will ensure that a solicitor can begin gathering evidence and assembling a solid mesothelioma case.
The signs of mesothelioma are not evident for a long time after asbestos exposure. Sadly, by the time someone is diagnosed with mesothelioma their health is often in decline to the point that they have only a few months to live.
The Diffuse Mesothelioma Payment Scheme was launched in 2014 to plug an insufficiency that prevented mesothelioma sufferers who were unable to locate their employer or' liability insurers from receiving the compensation they deserve. The scheme is funded by the insurance companies through a levy.
The DMPS compensates only those mesothelioma patients who worked in the UK, and were exposed to asbestos at work. One of my clients, for example, developed mesothelioma after washing her father's asbestos-contaminated work clothing in his factory in Higham. She was unable to make a mesothelioma claim against the former employer of her father, British Uralite. The result was that she received only PS18,675 from the DMPS. This was not enough to cover her legal fees. This is a fundamental injustice. Immunotherapy therapies are promising for those suffering from mesothelioma and it is vital that those who are eligible receive the funding they require.