A Comprehensive Guide To Diffuse Mesothelioma Payment Scheme. Ultimate Guide To Diffuse Mesothelioma Payment Scheme
The Diffuse Mesothelioma Payment Scheme
The DMPS, a government-led scheme provides compensation to patients with diffuse mesothelioma. If a civil lawsuit for mesothelioma does not succeed against an employer as the 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, which means that many sufferers are left out. I've acted for clients who fall within those gaps and it is unfair.
What is the DMPS (Digital Media Payment System)?
The DMPS is open to patients with mesothelioma 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 depending on the patient's age at diagnosis.
The DMPS only is available to those who have been diagnosed with mesothelioma that was caused by asbestos exposure at work and cannot locate their former employer or the insurers of their employers. Therefore, it is not available to those who have been diagnosed with mesothelioma as a result of other exposure or who are not eligible to pursue a civil claim without any financial support.
This is a terrible injustice and a difficult circumstance for mesothelioma patients. It is also difficult to accept that some sufferers will get no compensation at all, whereas others who could have recovered substantial compensation through an action in civil court and will be able to have that money withdrawn from them and deposited into the DMPS.
Asbestos sufferers should be offered compensation that is based on their individual circumstances, but not at the cost of other mesothelioma patients. Additionally, the DMPS does not take into account any medical expenses like chemotherapy or immunotherapy that could have been necessary to ease symptoms and increase life expectancy.
It is also important to note that mesothelioma patients' eligibility to be eligible for social security benefits and/or compensation from their DWP employer will be considered by the DMPS administrator. This is a conflict of interest that must be ended immediately.
Finally, if mesothelioma sufferers die prior to submitting a DMPS application, the right to make a DMPS application is transferred to their heirs. This is in contrast to the way civil mesothelioma claims are dealt with where if the deceased person dies before their 3 year period of limitation runs out and their estate is able to pursue an action for compensation. It is not clear what the reasoning behind why DMPS was set up in this manner. This issue has raised a number of questions. This is a subject in which I will continue to push for change.
How do I file a claim?
To qualify for a payment through the DMPS you should have been in contact with asbestos at any time. This could have occurred at work or in your home. Asbestos was widely used until it was banned, which meant that workers in different industries were exposed deadly fibres. This included construction workers, tradesmen like electricians, plumbers and carpenters as well factories workers. People who lived near asbestos factories were also at risk as the dust would drift onto their clothes and even their homes.
The DMPS was established in 2008, was designed to fill the gap left by the Pneumoconiosis Act of 1979. This meant that those diagnosed with diffuse mesothelioma who were unable to pursue an appeal for compensation through courts could receive a lump sum under the scheme. If a person died before they could make an application, their family members are now able to 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 grow older and this will help to reflect the impact of the disease on your daily life. You can include your dependents on your DMPS award to help to pay for their medical expenses.
It is important to remember that you can still make a civil claim for compensation while you apply for an amount through the DMPS. This will ensure that you get the maximum amount of compensation.
Another benefit of making an DMPS claim is that you will receive PS7,000 towards the legal fees. This will pay for the expenses of the process of pursuing your claim. It will be paid directly to your bank account.
what filing a mesothelioma lawsuit payout with the DMPS is that it only pays out only a small amount of compensation and does not provide any specific element to cover the cost of any medical treatment you may require. For example the immunotherapy treatment has proven to be effective in certain instances, and this is something which you can only get if you file a civil compensation claim through the insurers of your former employer.
How long do I have to make a claim before it is too late?
Every year, around 300 people who have developed mesothelioma diffuse struggle to get compensation. It could be due to the fact that their employer is no longer trading or that their insurers are no longer in business. The DMPS was designed to ensure that those affected get the compensation they were entitled to.
The law's introduction was welcomed because it plugged a loophole that existed in the law for years which meant that those who didn't know their employer or insurer could not recover compensation.
If you have been diagnosed with mesothelioma during the past five years or less you could be eligible to receive an DMPS lump sum payment of up to PS90,000. (before deductions). If you've passed away due to mesothelioma or other cancers, then you or your family could receive a Special Payment of between PS74,000 and PS200,000 based on your age at date of diagnosis.
In addition to these lump sum payments the family or you could also be eligible to additional benefits, such as Industrial Injuries Disablement Benefit and Disability Living Allowance. This could help to pay for the cost of daily expenses of living and travel costs, as well as equipment such as oxygen tanks.
You should be aware of the shortest time to file your claim if applying for DMPS. It is essential to submit your application as quickly as possible and don't wait any longer. You can contact an attorney who is specialized in mesothelioma, to assist you with your DMPS claim.
You have three years to file claims on behalf of a loved one who died from mesothelioma. This is the statutory time frame for mesothelioma claims in England and Wales. However, you can claim after this deadline if you have the assistance of an experienced mesothelioma lawyer. This lawyer will ensure that all the evidence needed is provided to maximize your chances of a successful DMPS claim.
What happens if you do not file a claim?
Asbestos compensation solicitors are required by those diagnosed with mesothelioma. It's important to make a claim within the timeframe of three years that is set by law. This will ensure that a solicitor can begin gathering evidence and compiling a robust mesothelioma claim.
The symptoms of mesothelioma typically are not evident for a long time after exposure to asbestos. Unfortunately, by the time a person is diagnosed with mesothelioma, their health has usually deteriorated to the point where they have just a few months left to live.
The Diffuse Mesothelioma Pay Scheme was created in 2014 to close an insufficiency that prevented mesothelioma victims who could not trace their employer or employers insurance companies' liability insurers from getting the compensation they deserve. The scheme is funded by an insurance company tax.
The DMPS is only able to compensate mesothelioma patients who have worked in the UK and were exposed to asbestos directly at work. One of my clients, for example was diagnosed with mesothelioma after washing 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 company. In the end, she was awarded just PS18,675 from the DMPS. The amount was not enough to cover the legal costs. This is a huge injustice. Immunotherapy therapies are promising for those suffering from mesothelioma and it is essential that those who qualify receive the funds they need.