The Diffuse Mesothelioma Payment Scheme
The DMPS is a government-run scheme provides compensation to patients with diffuse mesothelioma. The DMPS can pay substantial amounts when a civil suit against an employer fails because the company is no longer in existence or their insurers are not traceable.
However the DMPS has huge gaps, which mean too many sufferers miss out. I've represented clients who fall within those gaps, and it's unfair.
What is the DMPS (Digital Media Payment System)?
The DMPS is for mesothelioma patients who have been diagnosed with mesothelioma diffuse but are not eligible for civil compensation. The scheme provides an upfront lump amount of upto PS216,896 depending on the age at the time of diagnosis.
The DMPS is only available to those diagnosed with mesothelioma that was caused by their own exposure to asbestos and who are 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 not eligible to file a claim without financial support.
This is a great injustice and a difficult situation mesothelioma sufferers to find themselves in. It is also difficult for some patients to accept 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 transferred to DMPS.
Asbestos-related victims should be compensated that is specific to their circumstances, but not at the expense other mesothelioma patients. Additionally the DMPS does not take into account any medical expenses like immunotherapy or chemotherapy that may have been required to alleviate symptoms and improve life expectancy.
The DMPS administrator will also take into account a mesothelioma patient's eligibility for social security benefits or compensation from their DWP employers. This is a clear conflict of interests that should not be allowed to persist.
Lastly, if a person who has mesothelioma passes away before making a DMPS and their heirs be able to submit an DMPS. In contrast mesothelioma cases that are civil in nature are dealt with differently. If someone dies before the three-year statute of limitations expires their Estate may still pursue a compensation case. It is not clear the reason DMPS was created in this manner. There are many questions that need to be asked regarding this issue. This is an area where I will continue to fight for change.
How do I make a claim?
To be eligible to receive a DMPS payment DMPS it is necessary to have been exposed to asbestos at some time. You could have been exposed to asbestos in your workplace or at home. Workers from a variety of industries were exposed due to asbestos, which was used extensively until it was banned. Tradesmen, construction workers, plumbers, carpenters and electricians as well as factory workers were all at risk. can mesothelioma lawsuit payout can also affect people who lived near asbestos factories.
The DMPS was established in 2008, filled an unmet need created by the Pneumoconiosis Act of 1979. The scheme allowed people with mesothelioma with diffuse spread, who were unable to pursue a compensation claim in court and receive an unspecified lump-sum amount. If a person who died before being able to make an application under the DMPS the family members of the deceased 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 with age, reflecting the impact the disease has affected your life. You can include your dependents on your DMPS award to to pay for their medical expenses.
It is crucial to remember that you can still make an appeal for civil compensation at the same time as you apply for payments under the DMPS. This will ensure that you receive the highest amount of compensation.
Another benefit of making an DMPS claim is that you will receive PS7,000 towards legal costs. This will cover the costs of the process of pursuing 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 it does not include any specific element for the cost of any medical treatment which you may need. Immunotherapy, for example, has been proven to be effective in some instances. However it is only possible to get it when you file an injury claim with the insurance company of your former employer.
How do I need to wait to file a claim?
Every year, around 300 people who have been diagnosed with mesothelioma diffuse struggle to seek compensation. It could be due to the fact that their employer has stopped trading or that their insurers are no operating. The DMPS was introduced to ensure these people could still receive the money they earned.
Its introduction was welcome as it shut a loophole which existed in the law for years which meant that those who didn't know their employer or insurer couldn't recover compensation.
If you were diagnosed with Mesothelioma during the last five years, you could be eligible for a DMPS lump-sum payment up to PS90,000. (before deductions). If you or a member of your family has passed away as a result of mesothelioma, then you may be entitled to a Special Payment of between PS74,000 and 200,000 depending on how old you were at the time of your diagnosis.
You or your family members may also be eligible for additional benefits, including Industrial Injuries Disablement Allowance and Disability Living allowance. This can help pay for the daily costs of living and travel costs and equipment such oxygen tanks.
It is important to be aware of the short time to submit your claim if you are applying for DMPS. It is important that you complete your application as soon as possible and do not wait any longer. You can reach out to mesothelioma lawyer who can assist you with your DMPS claim and make sure it is submitted correctly.
You have three years to make claims on behalf of a family member who died from mesothelioma. This is the legal time limit that applies to mesothelioma lawsuits in England and Wales. However, you can make a claim after this date if you are assisted by a skilled mesothelioma lawyer. This lawyer will ensure that all the appropriate evidence is presented to maximize your chances of winning a DMPS claim.
What happens if you don't file an insurance claim?
Those diagnosed with mesothelioma must be quick to act and instruct asbestos compensation solicitors. It is essential to file claims within the timeframe of three years that is set by law. This will ensure that a solicitor is able to begin collecting evidence and building a strong mesothelioma case.
Mesothelioma symptoms usually don't show until many years after exposure to asbestos. Unfortunately, by the time someone is diagnosed with mesothelioma their health has often deteriorated to the point that they have only months to live.
The Diffuse Mesothelioma Compensation Scheme launched in 2014. It was a way to close an unintended loophole that prevented mesothelioma patients who could not find their employer or employers liability insurers, from receiving the compensation they deserved. The scheme is funded by a levy on insurance companies.
The DMPS is only able to compensate mesothelioma patients who worked in the UK, and were exposed to asbestos at work. For example, a client of mine developed mesothelioma due to washing her father's asbestos-contaminated work clothes at his manufacturing facility in Higham, Kent. She was unable to pursue a mesothelioma case against her father's former employer, British Uralite. In the end, she was awarded only PS18,675 from the DMPS. This was not enough to pay her legal fees. This is a travesty. Immunotherapy treatments are showing great potential for mesothelioma patients and it's vital that those eligible to receive treatment receive the money they require.