5 Things That Everyone Doesn't Know Regarding Diffuse Mesothelioma Payment Scheme
The Diffuse Mesothelioma Payment Scheme
The DMPS, a government-led scheme that compensates those who suffer from diffuse mesothelioma. If a civil case for mesothelioma fails against an employer as the company is no longer in existence and their insurers are unable to be traced then substantial payments are possible under the DMPS.
The DMPS however, has a wide gap that means that many people are not eligible. I've represented clients who fell into these gaps and it's not fair.
What is the DMPS (Digital Media Payment System)?
A mesothelioma victim who is diagnosed with diffuse mesothelioma, but is not able to pursue an appeal for compensation in civil court can apply for DMPS. The scheme allows for an upfront lump sum 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 caused by their own exposure to asbestos and who were unsuccessful in locating their former employer or their employer's insurers. This leaves those who developed mesothelioma due to other exposures or are not eligible to file a claim without financial support.
This is a huge injustice and a very difficult situation for mesothelioma victims to find themselves in. It is also difficult for some victims to reconcile that they will not receive any compensation whatsoever, whereas others who could have received substantial compensation through the civil process will have their money taken and deposited into DMPS.
Asbestos victims should receive compensation that is tailored to their specific situation but not at the expense other mesothelioma patients. Furthermore, the DMPS does not consider any medical expenses like chemotherapy or immunotherapy that could be required to relieve symptoms and extend life expectancy.
The DMPS administrator will also take into account the mesothelioma patient's eligibility to social security benefits or compensation from their DWP employers. This is a conflict of interest that should be stopped.
Lastly, if a person with mesothelioma dies before the submission of a DMPS, their heirs will be able to file a DMPS. This is in contrast to the way that civil mesothelioma claims are handled when someone dies before their three year period of limitation runs out the estate can pursue an action for compensation. It is unclear why the DMPS was established on this basis. This issue raises many questions. This is an area in which I will continue fight for change.
How do I claim a benefit?
To be eligible to receive a DMPS payment DMPS, you must have been exposed to asbestos at some time. This could have been at work or in your home. Workers from a variety of industries were exposed because asbestos was widely used before it was banned. Construction workers, tradesmen like electricians, plumbers, and carpenters as well as factory workers were all at risk. Asbestos dust may be a problem for people living close to asbestos-producing factories.
The DMPS was established in 2008 to fill in a gap that was created by the Pneumoconiosis Act 1979. The scheme allowed patients with diffuse mesothelioma, who were unable to pursue a compensation claim in court and who were unable to obtain a lump-sum payment. If someone died before they could file an application, their family members are now able to apply.
Your compensation will be determined by your age at the date you were diagnosed with Mesothelioma. The amount you receive will increase as you age and reflect the impact the disease has affected your life. You can include your dependents on your DMPS award to pay for their care.
It is crucial to remember that you are able to make a civil compensation claim while you are submitting an amount under the DMPS. This is to ensure you receive the full amount of compensation that is available to you.
Another benefit of making an DMPS claim is that you will be given PS7,000 towards the legal costs. This will pay for the expenses of pursuing your claim. The money will be transferred directly to your bank account.
The main issue with DMPS is that it only pays out an amount of money and does not provide any specific amount to cover the cost of any medical treatment you may need. Immunotherapy, for example, has been proven to be effective in some instances. However, you can only get it when you file an injury claim with your former employer's insurance company.
How long do I have to make a claim before it's too late?
Around 300 patients with mesothelioma diffuse are unable to claim compensation every year. This is because their employer may no longer be operating or their insurers have gone out of business. The DMPS was established to ensure that those affected get the compensation they deserve.
The law's introduction was welcomed because it plugged a loophole that existed in the law for a long time and meant that those who did not know their employer or insurer could not recover compensation.
If you have been diagnosed with Mesothelioma in the last five years, you may be eligible for a DMPS lump-sum payment up to PS90,000. (before deductions). If you have passed away due to mesothelioma, you or your family may receive a Special Payment between PS74,000 and PS200,000 depending on your age at time of diagnosis.
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 cover the costs of living and travel expenses, as well as equipment like oxygen tanks.
You must be aware of the short time you have left to file your claim if you are applying for DMPS. You should submit your application as fast as you can. You can contact an attorney that specializes in mesothelioma and can assist you with your DMPS claim.
If you are seeking compensation on behalf of a deceased relative who suffered from mesothelioma, you have three years from the date of their death to file a claim. This is the legal deadline for mesothelioma claims in England and Wales. However, you are able to claim after this deadline provided you are assisted by a skilled mesothelioma lawyer. This lawyer will ensure that all of the necessary evidence is presented to maximize the chances of obtaining a successful DMPS Claim.
What happens if I don't make a claim?
Patients diagnosed with mesothelioma need to take action quickly and contact asbestos compensation solicitors. It is also crucial that claims are made within the three-year limitation period stipulated by law. This will ensure that a lawyer can begin gathering evidence and building a strong mesothelioma case.
Mesothelioma symptoms don't usually appear after a number of years of exposure to asbestos. Sadly that, by the time a person is diagnosed with mesothelioma their health has often deteriorated so that they are left with only a few months to live.
The Diffuse Mesothelioma Payment Scheme was launched in 2014 to plug a loophole that prevented mesothelioma victims who were unable to find their employer or employers insurance companies' liability insurers from getting the compensation they deserve. why mesothelioma asbestos claim payouts is funded by an insurance company levy.
The DMPS is only able to compensate mesothelioma sufferers who have worked in the UK and were exposed to asbestos directly at work. A client of mine, for example was diagnosed with mesothelioma after washing her father's asbestos-contaminated work clothes in his factory in Higham. She was unable to submit a mesothelioma claim against British Uralite, her father's former company. In the end, she was awarded only PS18,675 from the DMPS. This was not enough to cover her legal costs. This is a blatant injustice. Immunotherapy therapies are promising for those suffering from mesothelioma and it is essential that those who qualify receive the funding they require.