The Diffuse Mesothelioma Payment Scheme
The DMPS is a government-run scheme, pays compensation to those who suffer from diffuse mesothelioma. If a civil case for mesothelioma does not succeed against an employer due to the fact that the company is no longer operating and their insurers cannot be traced then substantial payouts can be made under the DMPS.
However, the DMPS has huge gaps that means that many sufferers don't get out. I've acted for clients who fall into these gaps and it is unfair.
What is the DMPS (Digital Media Payment System)?
A mesothelioma sufferer who is diagnosed with diffuse mesothelioma and is not eligible to pursue a civil compensation claim may apply for DMPS. The scheme offers an upfront lump sum up to PS216.896 depending on the age of the patient at diagnosis.
The DMPS only is available to those who have been diagnosed with mesothelioma caused by asbestos exposure at work and cannot find their former employer, or the insurers of their employers. The same is true for those who have developed mesothelioma due to other exposures or are not eligible to file an application without financial support.
This is a grave injustice and a difficult time for mesothelioma patients. It can be difficult for some mesothelioma patients to reconcile that they won't receive compensation at all, while others who could have received substantial compensation through an appeal in a civil court will see their money taken from them and paid into DMPS.
Asbestos-related sufferers should be provided compensation that considers their individual circumstances, but not at the expense of mesothelioma sufferers from other countries. The DMPS also does not include any medical expenses, such as chemotherapy or immunotherapy, which may have been necessary to treat symptoms or increase life expectancy.
The DMPS administrator will also consider mesothelioma patients' eligibility for social security benefits or compensation from their DWP employers. This is clearly a conflict of interest that shouldn't be allowed to continue.
Lastly, if mesothelioma sufferers pass away before making an DMPS application the right to apply is transferred to their heirs. However mesothelioma cases involving civil parties are dealt with differently. If a person passes away before the three-year statute of limitation expires, their estate can pursue a compensation claim. It is unclear why the DMPS has been set up on this basis. This issue raises a lot of questions. This is an area in which I will continue to push for change.
How do I submit a claim?
In order to qualify to receive a DMPS payment DMPS, you must have been exposed to asbestos at some point. You may have been exposed to asbestos at workplace or at home. Asbestos was widely used until it was banned and this meant that workers in many different industries were exposed to harmful fibres. This included tradesmen, construction workers like electricians, plumbers and carpenters as well being factory workers. People who lived close to asbestos factories were also at risk because dust would fall onto their clothes and homes.
The DMPS was established in 2008, filled the gap left by the Pneumoconiosis Act of 1979. who mesothelioma compensation payout allowed people with diffuse mesothelioma, who were unable to pursue compensation claims in court and who were unable to obtain an amount in lump sum. If a person died before they could make claims, their heirs are now able to apply.
Your compensation will be determined by the age you were at the time you were diagnosed with Mesothelioma. The amount will increase as you grow older, which will help to reflect the effects of the disease on your daily life. If you have dependants, they can also apply for inclusion on your DMPS award and this will assist in paying for their healthcare needs.
It is important to remember that you are able to make a civil compensation claim in the same way as you apply for payments under the DMPS. This will ensure that you get the maximum amount of compensation.
Another benefit of filing a DMPS claim is that you will be given PS7,000 towards the legal fees. This is to cover expenses associated with the process of pursuing your claim. It will be paid directly into your bank account.
The biggest issue with the DMPS is that it only offers only a small amount of compensation and doesn't include any specific element to cover the cost of any medical treatment you may need. Immunotherapy, for instance, has been proven to be effective in certain cases. 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 long do I have to make an application?
Around 300 people suffering from mesothelioma diffuse are unable to claim compensation every year. This is due to the fact that their employer may not be in business or their insurance companies have shut down. The DMPS was created to ensure that these people would still receive the compensation they deserve.
The law's introduction was welcomed because it closed a loophole that existed in the law for years and meant that those who didn't know their employer or insurer couldn't recover compensation.
If you were diagnosed with mesothelioma within the last five years, you could be eligible for a DMPS lump-sum amount of up to PS90,000. (before deductions). If you or someone in your family has passed away as a result of mesothelioma, you could be eligible for a Special Payment between PS74,000-PS200,000 depending on how old 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 like Industrial Injuries Disablement Benefit and Disability Living Allowance. This can be used to help cover the costs of living and travel expenses and equipment such oxygen tanks.
You should be aware of the short time left to submit your claim if applying for DMPS. It is important to submit your application as fast as you can. You can speak with an attorney who is specialized in mesothelioma, to assist you with your DMPS claim.
If you are seeking compensation on behalf of someone who died mesothelioma or other cancers, you have three years from the date of the death of your relative to file a claim. This is the legal deadline for mesothelioma lawsuits in England and Wales. You are still eligible to claim with an attorney for mesothelioma on your side. This lawyer will ensure that all the required evidence is submitted to maximize your chances of obtaining a successful DMPS Claim.
What happens if I don't make a claim?
Anyone diagnosed with mesothelioma should act quickly and instruct asbestos compensation solicitors. It is crucial to submit a claim within the three-year timeframe that is set by law. This will enable a lawyer to begin gathering evidence and assembling an effective mesothelioma case.
Symptoms of mesothelioma usually are not evident for a long time after asbestos exposure. Unfortunately at the point a person is diagnosed with mesothelioma, their health has usually deteriorated to the point where they have only a few months left to live.
The Diffuse Mesothelioma Payment Scheme was created in 2014 to close the gap that had prevented mesothelioma patients who could not find their employer or employers insurance companies' liability insurers from receiving the compensation they deserved. The scheme is funded by a levy on insurance companies.
The DMPS compensates only those mesothelioma patients who worked in the UK, and were exposed to asbestos at work. A client of mine, for example has developed mesothelioma following the washing of her father's asbestos-contaminated work clothing in his factory in Higham. She was not able to file a claim for mesothelioma against British Uralite the father's former employer. The result was that she received just PS18,675 from the DMPS. This was not enough to pay her legal fees. This is an injustice. Immunotherapy therapies are promising for those with mesothelioma, and it is essential that those who qualify receive the financial support they require.