The Diffuse Mesothelioma Payment Scheme
The DMPS is a government lead scheme which pays compensation to people with diffuse mesothelioma. If a civil claim for mesothelioma fails against an employer due to the fact that the company is no longer in existence and their insurers cannot be traced then substantial payments can be made under the DMPS.
However the DMPS has huge gaps, which means that many sufferers don't get out. I've represented clients who were caught in these gaps and it's unfair.
What is the DMPS (Digital Media Payment System)?
The DMPS is available to mesothelioma patients who have been diagnosed with diffuse mesothelioma, but are not eligible for civil compensation. The scheme provides an upfront lump sum up to PS216.896 depending on the age of the patient at the time of diagnosis.
The DMPS only applies to those who've been diagnosed with mesothelioma that was caused by asbestos exposure at work and are unable to find their former employer or the insurers of their employers. The same is true for those who have were diagnosed with mesothelioma from other exposures or who are ineligible to make an application without financial support.
This is a terrible injustice and a difficult situation for victims of mesothelioma. It is also difficult to comprehend that some sufferers will receive no compensation at all, whereas others who could have received substantial compensation from an action in civil court and will be able to be deprived of that money them and paid into the DMPS.
Asbestos victims should receive compensation that considers their unique circumstances but not at the expense of mesothelioma sufferers from other countries. Additionally the DMPS does not consider medical expenses such as immunotherapy or chemotherapy that may have been required to alleviate symptoms and increase life expectancy.
It is also worth noting that mesothelioma patients' ability to receive social security benefits or compensation from their DWP employer will be taken into account by the DMPS administrator. This is an unjustified conflict of interest that should not continue.
Lastly, if a person who has mesothelioma passes away before the submission of a DMPS and their heirs have the right to submit a DMPS. However mesothelioma cases involving civil parties are treated differently. If the deceased person dies before the three-year statute of limitation expires, their estate may pursue a compensation claim. It is not clear why the DMPS was created on this basis. This issue has raised a number of questions. This is an area where I will continue to campaign for change.
How do I submit a claim?
To be eligible for a payment under the DMPS it is necessary to have been exposed to asbestos at some time. You could have been exposed to asbestos at workplace or at home. Asbestos was extensively used before it was banned. This meant that workers in many different industries were exposed to deadly fibres. This included tradesmen, construction workers such as electricians, plumbers and carpenters, as factories workers. People who lived close to asbestos factories also were at risk since dust would fall onto their clothing and home.
The DMPS was introduced in 2008 to fill in a gap that had been created by the Pneumoconiosis Act 1979. It meant that people diagnosed with mesothelioma diffuse who were unable to pursue an appeal for compensation through courts were able to receive a lump sum of money under the scheme. In the event of the person who died prior to having the ability to submit an application under the DMPS and their family members can now apply for a claim.
The amount you receive will be based on your age when you were diagnosed with mesothelioma. The amount will increase as you get older and this will help to reflect the impact of the disease on your life. You can include your dependents on your DMPS award to help pay for their care.
It is important to remember that you may still file an appeal for civil compensation in the same way as you apply for payments under the DMPS. This is to ensure that you receive the full amount of compensation available to you.
Another benefit of filing an DMPS claim is that you will receive PS7,000 towards legal fees. This is to cover the costs of pursuing your claim and will be deposited directly into your bank account.
The main problem is that the DMPS only pays a small compensation amount, and does not contain any specific requirements for any medical treatment that you might need. For instance the immunotherapy treatment has proven to be effective in a few instances, and this is something which you can only get if you file an appeal for compensation through the insurers of your former employer.
How long do I have to make an application?
Each year around 300 workers who have developed diffuse mesothelioma struggle to seek compensation. This is because their employer might no longer be in business or their insurance companies have been shut down. The DMPS was designed to ensure that those affected could still receive the benefits that they deserved.
Its introduction was welcomed as it filled a loophole in the law that had been present for years and which meant people who did not know their employer or their insurer could not recover compensation.
If you have been diagnosed with mesothelioma within the last five years, you may be eligible for an DMPS lump-sum amount of up to PS90,000. (before deductions). If who filing a mesothelioma lawsuit payout or a member of your family has passed away as a result of mesothelioma then 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 can help cover the costs of living and travel costs as well as the purchase of equipment such oxygen tanks.
It is important to be aware of the limited time to submit your claim if applying for DMPS. You should complete your application as soon as possible. Contact an attorney who is specialized in mesothelioma to help you with your DMPS claim.
You have three years to make claims on behalf of a loved one who passed away from mesothelioma. This is the legal time limit for mesothelioma lawsuits in England and Wales. However, you can claim after the deadline if you are assisted by an experienced mesothelioma lawyer. This lawyer will ensure that all the appropriate evidence is presented to maximize your chances of a successful DMPS claim.
What happens if you don't make an insurance claim?
Those diagnosed with mesothelioma must be quick to act and instruct asbestos compensation solicitors. It is essential to file an application within the three-year limit that is set by law. This will enable a lawyer to begin collecting evidence and assembling a solid mesothelioma claim.
Mesothelioma symptoms usually don't show until a long time after exposure to asbestos. However at the point the patient is diagnosed with mesothelioma, their health has typically deteriorated to the point that they have just some months left to live.
The Diffuse Mesothelioma Compensation Scheme was launched in 2014. It was a way to close an unintended loophole that stopped mesothelioma patients who were unable to not find their employer or insurers of employers liability from receiving the compensation they deserved. It is funded by a levy on insurance companies.
But, the DMPS only compensates mesothelioma sufferers who worked in the UK and were exposed to asbestos in the workplace. A client of mine has, for instance has developed mesothelioma following the washing of her father's asbestos-contaminated work clothes in his factory in Higham. She was not able to make a mesothelioma claim against her father's former employer, British Uralite. She received only PS18,675 for the result. This was not enough to cover her legal fees. This is a huge injustice. Immunotherapy treatments are extremely promising for patients with mesothelioma and it is crucial that those who qualify receive the funding they require.