The Diffuse Mesothelioma Payment Scheme
The DMPS is a government lead scheme which pays compensation to patients suffering from mesothelioma that is diffuse. If a civil case for mesothelioma does not succeed against an employer as the company is no longer in existence and their insurers can't be found, then significant payments are possible under the DMPS.
The DMPS however, has a lot of gaps, which means that a lot of people are left out. I've represented clients who have fallen into these gaps, and it's unfair.
What is the DMPS (Digital Media Payment System)?
A mesothelioma victim who is diagnosed with diffuse mesothelioma, but is not eligible to pursue a civil compensation claim can apply for the DMPS. The scheme provides an upfront lump amount of upto PS216,896 based upon their age at the date of diagnosis.
The DMPS is only available to those diagnosed with mesothelioma triggered through their own occupational exposure to asbestos and who were unable to trace their former employer or their insurers. Consequently, this leaves those who have been diagnosed with mesothelioma as a result of other exposure or who are not eligible to pursue a civil claim without financial assistance.
This is a pity and a difficult situation for mesothelioma sufferers. It can be difficult to accept that some sufferers will receive nothing at all whilst others who could have received significant compensation through an appeal to the civil court and will be able to be deprived of that money them and deposited into the DMPS.
Asbestos sufferers should be offered compensation that is based on their unique circumstances but not at the expense of mesothelioma sufferers from other countries. The DMPS does not include any medical expenses, such as immunotherapy and chemotherapy, which may have been necessary to treat symptoms or increase the life expectancy of patients.
The DMPS administrator will also take into consideration a mesothelioma patient's eligibility for social security benefits or compensation from their DWP employers. This is a conflict of interest that must be ended immediately.
Lastly, if a person who has mesothelioma passes away before submitting a DMPS the heirs of their deceased will be entitled to submit an DMPS. However mesothelioma cases involving civil parties are handled differently. If the deceased person dies before the three-year statute of limitation expires, their estate may pursue a compensation claim. It is unclear why the DMPS has been set up on this basis. There are many questions to be asked about this issue. This is an area where I will continue to advocate for change.
How do I file a claim?
To be eligible for a payment under the DMPS, you must have been exposed to asbestos at least once. It could have happened at your home or workplace. Workers from a variety of industries were exposed due to asbestos, which was widely used before it was banned. Construction workers, tradesmen like electricians, plumbers and carpenters and factory workers were all at risk. Asbestos dust may be a problem for people living near asbestos factories.
The DMPS was established in 2008 to address a gap that had been created by the Pneumoconiosis Act 1979. The scheme allowed people with diffuse mesothelioma, who were not able to pursue a compensation claim in court and who were unable to obtain an unspecified lump-sum amount. If the person who died prior to being eligible to file claims under the DMPS the family members of the deceased can now apply for a claim.
The amount you will receive will be based on your age when you were diagnosed with mesothelioma. The amount you receive will increase as you age and reflect the impact the disease has had on your life. If you have dependents they may also apply for inclusion on your DMPS award and this will assist in paying for their care needs.
Remember that you may still make a civil claim for compensation when you apply for a payment through the DMPS. This will ensure that you receive the highest amount of compensation.
A DMPS claim will also pay you PS7,000 to cover your legal costs. 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 with the DMPS is that it only offers a small amount of compensation and does not provide any specific element for the cost of any medical treatment you may require. For instance the immunotherapy treatment has proven to be effective in certain cases and this is something which you can only get if you file an appeal for compensation mesothelioma case settlements through your former employer's insurance.
How long can I file an application before it becomes too late?
Around 300 patients with mesothelioma that is diffuse are not able to claim compensation each year. This is due to the fact that their employer might no longer be operating or their insurers have shut down. The DMPS was introduced to ensure these people could still receive the money they earned.
Its introduction was well-liked because it plugged a hole in the law that had been present for years and which resulted in people who didn't know their employer's name or insurer could not recover compensation.
In the event that you were diagnosed with mesothelioma within the past five years or so, then you may be eligible to receive the DMPS lump sum amounting to up to PS90,000. (before deductions). If you have passed away because of mesothelioma, you or your family could receive a Special Payment of between PS74,000 and PS200,000 depending on the age you were at the time of diagnosis.
You or your family members may also be eligible for other benefits, including Industrial Injuries Disablement Allowance and Disability Living allowance. This could help to cover the costs of living and travel expenses and equipment like oxygen tanks.
It is important to be aware of the short time left to file your claim if you are applying for DMPS. You should submit your application as quickly as possible. You can contact an attorney who is specialized in mesothelioma and can assist 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 cases in England and Wales. You are still eligible to claim if you have an attorney for mesothelioma on your side. The lawyer will ensure that all relevant evidence is presented to maximise your chance of winning a DMPS claim.
What happens if I don't make a claim?
Those diagnosed with mesothelioma must take action quickly and contact asbestos compensation solicitors. However, it's also essential that the claim is filed within the three-year timeframe stipulated by law. This will enable a lawyer to begin gathering evidence and assembling a solid mesothelioma claim.
Symptoms of mesothelioma usually don't appear for many years after asbestos exposure. However, by the time a person is diagnosed with mesothelioma, their health has usually deteriorated to the point that they have just a few months left to live.
The Diffuse Mesothelioma Compensation Scheme was introduced in 2014. It was created to fill a loophole which kept mesothelioma sufferers who could not locate their employer, or insurers of employers liability from receiving the compensation that they deserved. It is funded by an insurance company levy.
However, the DMPS only compensates mesothelioma victims who worked in the UK and were exposed to asbestos in the workplace. For instance, a customer of mine was diagnosed with mesothelioma after exposure to the washing of her father's asbestos contaminated garments at his manufacturing facility in Higham, Kent. She was not able to make a mesothelioma claim against the former employer of her father, British Uralite. She was awarded only PS18,675 as a result. This was not enough to pay for her legal costs. This is a huge injustice. Immunotherapy treatments are extremely promising for patients with mesothelioma and it is essential that those who qualify receive the funding they require.