14 Common Misconceptions About Diffuse Mesothelioma Payment Scheme
The Diffuse Mesothelioma Payment Scheme
The DMPS is a scheme run by the government provides compensation to patients who suffer from diffuse mesothelioma. If a civil case for mesothelioma does not succeed against an employer because that company no longer exists and their insurers are unable to be found, then significant payments are possible under the DMPS.
However, the DMPS has huge gaps that means that many sufferers don't get out. I've represented clients who fell into these gaps, and it's unfair.
What is the DMPS?
The DMPS is available to mesothelioma patients who have been diagnosed with diffuse mesothelioma, but are not qualified for civil compensation. The scheme allows for an upfront lump sum up to PS216.896 depending on the patient's age at the time of diagnosis.
The DMPS is only available to those diagnosed with mesothelioma caused by their own occupational exposure to asbestos and who are not able to locate their former employer or their employer's insurers. It is not available to those who developed mesothelioma due to other exposures, or who are ineligible to make an application without financial support.
This is a pity and a difficult situation for mesothelioma patients. It can be difficult for some patients to reconcile that they will receive no compensation at all, while others who might have received substantial compensation via a civil case will have their money taken from them and paid into DMPS.
Asbestos-related victims should be compensated that is individualized to their particular situation however, not at the expense of other mesothelioma patients. Additionally the DMPS does not consider any medical expenses like chemotherapy or immunotherapy that might have been necessary to ease symptoms and increase life expectancy.
The DMPS administrator will also take into account mesothelioma patients' eligibility for social security benefits or compensation from their DWP employers. This is an issue of conflict of interest and should not continue.
Lastly, if a person suffering from mesothelioma dies prior to the submission of a DMPS and their heirs have the right to file an DMPS. This contrasts with the way in which mesothelioma lawsuits are handled in civil court in the event that someone dies before their 3 year statute of limitation expires the estate can pursue a compensation claim. It is not clear why the DMPS was created in this way. This issue has raised a number of questions. This is a subject which I will continue to fight for change.
How do I file a claim?
In order to qualify to receive a DMPS payment DMPS you must have been exposed to asbestos at some time. You may have been exposed to asbestos in your workplace or at home. Workers in many different industries were exposed due to asbestos, which was widely used until it was banned. Construction workers, tradesmen like electricians, plumbers, and carpenters and factory workers were all at risk. People who lived close to asbestos factories also were at risk because the dust would drift onto their clothes and homes.
The DMPS was established in 2008, was designed to fill a gap created by the Pneumoconiosis Act of 1979. The scheme allowed people with mesothelioma that was diffuse, and who were not able to pursue a compensation claim in court and receive an amount in lump sum. In the event of the person who died prior to being able to make a claim under the DMPS and their family members are now able to apply.
are mesothelioma compensation payouts will be determined by your age at the time you were diagnosed with Mesothelioma. The amount will increase with age and reflect the impact the disease has had on your life. If you have dependants you can also apply to be included on your DMPS award and this will allow you to pay for their medical expenses.
You should remember that you are able to pursue a civil lawsuit for compensation while you make a request for an amount through the DMPS. This will ensure that you receive the maximum amount of compensation.
A DMPS claim will also give you PS7,000 to pay for the legal costs. This will cover the costs associated with making your claim and will be paid directly into your bank account.
The biggest issue is that the DMPS only provides a small compensation amount, and does not provide specific requirements for any medical treatment that you might require. Immunotherapy, for example, has been proven effective in certain instances. However you can only receive it when you file a civil compensation claim with your former employer's insurance company.
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 introduced to ensure the people who were affected would still get the compensation they deserve.
The law's introduction was greeted with enthusiasm because it filled a loophole in the law that had been present for years and which allowed people who did not know their employer's name or insurer were unable to recover compensation.
As it stands, if you were diagnosed with mesothelioma in the past five years or less and you are eligible for the DMPS lump sum amounting to up to PS90,000. (before deductions). If you or one of your family members has died as a result mesothelioma, you could 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, such as Industrial Injuries Disablement Allowance and Disability Living Allowance. This could help to cover the costs of living and travel expenses, as well as equipment like oxygen tanks.
It is important to be aware of the shortest time to submit your claim if applying for DMPS. You should submit your application as quickly as you can. You can contact a lawyer who specializes in mesothelioma, to assist you with your DMPS claim.
You have three years to submit claims on behalf of a relative who died from mesothelioma. This is the legal deadline for mesothelioma claims in England and Wales. You are still able to claim with an attorney for mesothelioma on your side. The lawyer will make sure that all the evidence needed is submitted in order to maximize your chances of a successful DMPS claim.
What happens when you don't make an insurance claim?
Anyone diagnosed with mesothelioma should act quickly and instruct asbestos compensation solicitors. It is also crucial that a claim is made within the three-year limitation period set by law. This will ensure that a solicitor can begin gathering evidence and compiling a robust mesothelioma lawsuit.
Mesothelioma symptoms don't usually appear until a long time after exposure to asbestos. Unfortunately that, by the time a person is diagnosed with mesothelioma, their health can be deteriorating so that they are left with only months to live.
The Diffuse Mesothelioma Payment Scheme created in 2014 to close a loophole that prevented mesothelioma sufferers who couldn't find their employer or employers insurance liability insurers from receiving the compensation they deserved. The scheme is funded by the tax paid by insurance companies.
The DMPS is only able to compensate mesothelioma sufferers who have worked in the UK, and were exposed to asbestos at work. For instance, a client of mine was diagnosed with mesothelioma thanks to washing her father's asbestos-contaminated work clothes at his manufacturing facility in Higham, Kent. She was unable to submit a mesothelioma claim against British Uralite the father's former company. She was awarded only PS18,675 for the result. The amount was not enough to pay her legal fees. This is a travesty. Immunotherapy treatments are showing tremendous potential for patients suffering from mesothelioma and it's crucial that those who are eligible for treatment receive the money they require.