Then You've Found Your Diffuse Mesothelioma Payment Scheme ... Now What?

The Diffuse Mesothelioma Payment Scheme

The DMPS is a federally-funded scheme that provides compensation to patients suffering from mesothelioma with a diffuse form. The DMPS can pay substantial amounts if a civil claim against an employer fails due to the company is no longer in existence or their insurers are not traceable.

However the DMPS has huge gaps, which means that many sufferers don't get out. I've represented clients who fell into these gaps and it's not fair.

What is the DMPS?

The DMPS is open to patients with mesothelioma who have been diagnosed with diffuse mesothelioma but are not qualified for civil compensation. The scheme offers an upfront lump amount of up to PS216,896 based on their age at the date of diagnosis.

The DMPS is only available to those who have been diagnosed with mesothelioma that was caused through their own occupational exposure to asbestos and who were unable to trace their former employer or their employer's insurers. Therefore, it is not available to those who have developed mesothelioma as the result of another exposure or who aren't able to pursue a civil claim without financial assistance.

This is a grave injustice and a difficult time for victims of mesothelioma. It can be difficult for some mesothelioma patients to reconcile that they will receive no compensation at all, while others who could have received substantial compensation via a civil case will have their money taken away and deposited into DMPS.

Asbestos victims deserve compensation that is tailored to their specific circumstances but not at the expense of other mesothelioma patients. Furthermore the DMPS does not consider any medical expenses like chemotherapy or immunotherapy that could have been necessary to ease symptoms and increase life expectancy.

It is important to note that mesothelioma victims' ability to receive social security benefits or compensation from their DWP employer will be taken into account by the DMPS administrator. This is a conflict of interest that should not continue.

In the event that a mesothelioma sufferer passes away before submitting a DMPS application the right to do so is transferred to their heirs. This contrasts with the way that civil mesothelioma claims are dealt with where if the deceased person dies before their three-year time limit expires the estate can pursue a compensation claim. It is not clear why the DMPS was established on this basis. This issue raises many questions. This is an area where I will continue to campaign for change.

How do I submit a claim?

To be eligible to receive a DMPS payment DMPS, you must have been exposed to asbestos at some point. It could have happened at your home or workplace. Workers from a variety of industries were exposed because asbestos was widely used before it was banned. This included tradesmen, construction workers like electricians, plumbers and carpenters, as being factory workers. People who lived close to asbestos factories also were at risk since dust would settle on their clothes and even their homes.

The DMPS was established in 2008 to fill in a gap that was created by the Pneumoconiosis Act 1979. It meant that people diagnosed with diffuse mesothelioma who were unable to pursue a compensation claim through the courts were able to receive a lump sum of money under the scheme. If a person died before they could file claims, their heirs are now able to apply.

Your compensation will be determined by your age at the time you were diagnosed with Mesothelioma. The amount will increase with age, reflecting the impact the disease has had on your life. If you have dependants they may also apply to be included on your DMPS award and this will help to pay for their medical expenses.

Remember that you are able to make a civil claim for compensation when you request an amount through the DMPS. This will ensure that you receive 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 cover the costs of the process of pursuing your claim. It will be deposited directly to your bank account.

The main problem with the DMPS is that it only pays out an amount of money and doesn't include any specific element to cover the cost of any medical treatment which you might require. For instance the immunotherapy treatment has proven to be effective in a few situations, and it is a benefit that you can only receive if you make a civil compensation claim through your former employer's insurance.

How long do I have to make a claim before it is too late?

Around 300 workers with diffuse mesothelioma are unable to claim compensation each year. This is due to the fact that their employer may no longer be in business or their insurance companies have been shut down. The DMPS was designed to ensure that these individuals get the compensation they deserve.

Its introduction was a welcome one as it closed a loophole that existed in the law for a long time which meant that those who did not know their employer or insurer couldn't recover compensation.

As it stands, if you were diagnosed with mesothelioma in the last five years and you are eligible to receive a DMPS lump sum payment of up to PS90,000 (before deductions). If you've passed away because of mesothelioma or other cancers, then you or your family could receive a Special Payment between PS74,000 and PS200,000 based on the age you were at the date of diagnosis.

In addition to these lump sum payments, you or your family may also be eligible for additional benefits such as Industrial Injuries Disablement Benefit and Disability Living Allowance. This can be used to help cover the costs of living and travel costs and equipment like oxygen tanks.

If you're applying for the DMPS and you're interested, then be aware that you have only the time left to make your claim. You must submit your application as quickly as possible. You can reach out to a mesothelioma solicitor who will assist with your DMPS claim and ensure that it is filed correctly.

You have three years to submit claims on behalf of a relative who passed away from mesothelioma. This is the legal time limit for mesothelioma lawsuits in England and Wales. You are still able to claim if you have a mesothelioma attorney on your side. The lawyer will make sure that all the appropriate evidence is provided to maximize your chances of a successful DMPS claim.

What happens if I don't make a claim?

Asbestos compensation solicitors are required by patients diagnosed with mesothelioma. However, it's also essential that a claim is made within the three-year limitation period stipulated by law. This will enable a lawyer to begin collecting evidence and assembling the foundation of a mesothelioma lawsuit.

where mesothelioma compensation payout  don't show until many years after exposure to asbestos. Sadly, by the time someone is diagnosed with mesothelioma, their health is often in decline so much that they have only a few months left to live.

The Diffuse Mesothelioma Payment Scheme was introduced in 2014 to fill an insufficiency that prevented mesothelioma victims who could not trace their employer or employers insurance companies' liability insurers from getting the compensation they deserve. It is funded through an insurance company levy.

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 instance, developed mesothelioma after washing her father's asbestos-contaminated work clothing in his factory in Higham. She was not able to pursue a mesothelioma case against the former employer of her father, British Uralite. The result was that she received just PS18,675 from the DMPS. This was not enough to pay the legal costs. This is a blatant injustice. Immunotherapy treatments are showing remarkable potential for patients suffering from mesothelioma and it's crucial that those who qualify for treatment receive the funds they need.