The Diffuse Mesothelioma Payment Scheme
The DMPS is a federally-funded scheme which pays compensation to people with diffuse mesothelioma. The DMPS will pay large amounts in the event that a civil lawsuit against an employer fails because the company is no longer in existence or their insurers cannot be traceable.
The DMPS has a lot of gaps, which means that a lot of people are left out. I've represented clients who fall into these gaps and it's unfair.
What is the DMPS (Digital Media Payment System)?
The DMPS is for mesothelioma patients who have been diagnosed with diffuse mesothelioma, but are not eligible for civil compensation. The scheme provides an upfront lump sum of up to PS216.896 dependent on the age of the patient at diagnosis.
The DMPS only is available to those who have been diagnosed with mesothelioma triggered by asbestos exposure at work and cannot find their former employer or the insurers of their employers. This leaves those who suffered mesothelioma as a result of other exposures, or who are unable to make a claim without financial support.
This is a grave injustice and a difficult situation for victims of mesothelioma. It can be difficult for some patients to comprehend that they will receive no compensation at all, while others who might have received substantial compensation via the civil process will have their money taken and deposited into DMPS.
Asbestos sufferers should be offered compensation that is based on their unique circumstances but not at the expense of other mesothelioma victims. Furthermore, the DMPS does not take into account any medical expenses such as chemotherapy or immunotherapy that could have been necessary to ease symptoms and improve 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 an obvious conflict of interest which should not be allowed to persist.
Lastly, if a person who has mesothelioma passes away before submitting a DMPS, their heirs will be entitled to submit an DMPS. This contrasts with the way in which civil mesothelioma claims are handled when the deceased person dies before their three year period of limitation runs out and their estate is able to pursue an action for compensation. It is unclear why the DMPS was established on this basis. There are a lot of questions to be asked about this issue. This is an area where I will continue to push 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 least once. This could have occurred at work or in your home. Asbestos was used widely until it was banned, which meant that workers in many different industries were exposed deadly fibres. Tradesmen, such as construction workers, plumbers, carpenters and electricians and factory workers were all at risk. People who lived near asbestos factories were also at risk because the dust would drift onto their clothing and home.
The DMPS was established in 2008 to fill in a gap that had been created by the Pneumoconiosis Act 1979. This meant that those diagnosed with diffuse mesothelioma and who were unable to pursue a compensation claim through the courts could receive a lump sum of money under the scheme. In the case of someone who passed away prior to being eligible to file a claim under the DMPS the family members of the deceased are now able to apply.
The amount you will receive will be based on the age when 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 help with their healthcare costs.
It is important to remember that you may still file a civil compensation claim while you apply for a payment under the DMPS. This is to ensure that you receive the entire amount of compensation available to you.
A DMPS claim will also give you PS7,000 to pay for your legal fees. This is to cover the costs of the process of pursuing your claim. It will be deposited directly into your bank account.
The biggest issue is that the DMPS only pays a small compensation amount and doesn't provide specific elements for any medical treatment you might require. For mesothelioma payout has been proven to be effective in certain situations, and it is a treatment that you only get if you submit an appeal for compensation through your former employer's insurers.
How do I need to wait to file a claim?
Around 300 workers with mesothelioma diffuse are unable to claim compensation every year. This is because their employer may no longer be operating or their insurers have shut down. The DMPS was enacted to ensure these people could still get the compensation they deserve.
Its introduction was well-liked because it plugged a hole in the law that was present for years and which meant people who did not know their employer's name or insurer could not claim compensation.
As it stands, if you were diagnosed with mesothelioma in the past five years or less you could be eligible to receive the DMPS lump sum amounting to up to PS90,000. (before deductions). If you've lost your life due to mesothelioma, then you or your family members could receive a Special Payment between PS74,000 and PS200,000 based on your age at the date of diagnosis.
Your family or you may also be eligible for additional benefits, such as Industrial Injuries Disablement Allowance and Disability Living Allowance. This can assist with the day to day expenses of living, travel costs and paying for equipment such as oxygen tanks.
If you're applying for the DMPS If you are, then be aware that there is a limited amount of time to submit your claim. You should submit your application as quickly as you can. You can reach out to a mesothelioma solicitor who can help you with your DMPS claim and ensure it is filed correctly.
If you're claiming on behalf of a deceased relative who suffered mesothelioma or other cancers, you have three years from the date of the death of your relative to file a claim. This is the legal time limit for mesothelioma lawsuits in England and Wales. You are still able to claim if you have an attorney for mesothelioma on your side. The lawyer will ensure that all the evidence needed is submitted in order to maximise your chance of receiving a successful DMPS claim.
What happens if you do not file an insurance claim?
Asbestos compensation solicitors are required by patients diagnosed with mesothelioma. However, it's also essential that the claim is filed within the three-year limitation period that is stipulated by law. This will ensure that a solicitor is able to begin collecting evidence and building a strong mesothelioma case.
The symptoms of mesothelioma typically don't appear for many years after exposure to asbestos. Sadly when someone is diagnosed with mesothelioma their health has often deteriorated so that they are left with only a few months to live.
The Diffuse Mesothelioma Compensation Scheme was launched in 2014. It was a way to close an insufficiency that kept mesothelioma sufferers who could not locate their employer, or employers liability insurers from receiving the compensation that they were entitled to. The scheme is funded by an insurance company tax.
However, the DMPS only compensates mesothelioma patients who worked in the UK and suffered direct exposure to asbestos at work. A client of mine has, for instance was diagnosed with mesothelioma after washing her father's asbestos-contaminated work clothes in his factory in Higham. She was unable to make a claim for mesothelioma against British Uralite, her father's former employer. She was awarded only PS18,675 as a result. The amount was not enough to cover her legal fees. This is a travesty. Immunotherapy therapies are promising for patients with mesothelioma and it is crucial that those who qualify receive the funding they require.