The Diffuse Mesothelioma Payment Scheme

The DMPS is a government-run scheme provides compensation to patients who suffer from diffuse mesothelioma. If a civil lawsuit for mesothelioma settlement payouts is unsuccessful against an employer due to the fact that the company is no longer in existence and their insurers are unable to be found, then significant payments can be made under the DMPS.

However, the DMPS has huge gaps, which means that many sufferers are left out. I've acted for clients who fall into those gaps, and it's unfair.

What is the DMPS (Digital Media Payment System)?

A mesothelioma sufferer who is diagnosed with diffuse mesothelioma but is not eligible to pursue a civil compensation claim may apply for DMPS. The scheme offers an upfront lump sum up to PS216.896 dependent on the patient's age at diagnosis.

The DMPS is only available to people who have been diagnosed with mesothelioma triggered by their own occupational exposure to asbestos and who are unsuccessful in locating their former employer or their employer's insurers. This leaves those who developed mesothelioma due to other exposures or are unable to make claims without financial assistance.

This is a pity and a very difficult situation for mesothelioma victims to be in. It is also difficult to accept that some sufferers will receive no compensation, while others who could have received substantial compensation from a civil claim, will have that money withdrawn from them and transferred to the DMPS.

asbestos mesothelioma lawyers pay victims deserve compensation that is tailored to their specific situation but not at the expense of other mesothelioma patients. The DMPS also does not include medical expenses, including immunotherapy and chemotherapy, which might have been required to alleviate symptoms or improve the life expectancy of patients.

The DMPS administrator will also consider mesothelioma patients' eligibility for social security benefits or compensation from their DWP employers. This is clearly a conflict of interest that should not be allowed to continue.

In the end, if a person suffering from mesothelioma dies prior to submitting a DMPS the heirs of their deceased will be able to file a DMPS. In contrast mesothelioma payments cases that are civil in nature are handled differently. If a person passes away before the three-year statute of limitations expires, their estate may pursue a compensation case. It is not clear why the DMPS was established in this way. There are many questions to be asked about this issue. This is a field which I will continue to fight for change.

How do I file a claim?

In order to qualify for a payment under the DMPS it is necessary to have been exposed to asbestos at some point. You may have been exposed to asbestos at work or at home. Workers in a variety of industries were exposed because asbestos was widely used before it was banned. Tradesmen, construction workers, electricians, plumbers and carpenters and factory workers were all at risk. People who lived near asbestos factories also were at risk because dust would fall onto their clothes and even their homes.

The DMPS, which was introduced in 2008, was designed to fill a gap created by the Pneumoconiosis Act of 1979. The scheme permitted people suffering from diffuse mesothelioma, who were not able to pursue compensation claims in court and who were unable to obtain an amount in lump sum. If a person died before they could file claims, their heirs are now able to apply.

The amount you receive will be based on your age when you were diagnosed with mesothelioma. The amount will increase as you grow older, and this will assist to reflect the impact of the disease on your daily life. If you have dependants they may be eligible to be included on your DMPS award, which will help to pay for their healthcare needs.

You should remember that you may still make a civil claim for compensation at the same time you apply for an amount through the DMPS. This is to ensure you are receiving the full amount of compensation that is available to you.

Another benefit of filing a DMPS claim is that you will receive PS7,000 towards your legal costs. This is to cover expenses associated with the process of pursuing your claim. It will be deposited directly into your bank account.

The main issue with DMPS is that it only offers an amount of money and doesn't include any specific element to cover the cost of any medical treatment which you may require. For example, immunotherapy has proved to be effective in a few instances, and this is something which you can only get if you submit an appeal for compensation through your former employer's insurers.

How do I need to wait to make an application?

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 trading or their insurers have been shut down. The DMPS was designed to ensure that those affected could still receive the benefits they deserve.

Its introduction was a welcome one as it plugged a loophole that existed in the law for many years and meant that those who didn't know their employer or insurer were unable to recover compensation.

If you were diagnosed with mesothelioma payout within the last five years, you may be eligible for an DMPS lump-sum amount of up to PS90,000. (before deductions). If you or someone in your family has died as a result mesothelioma then you could be eligible for a Special Payment between PS74,000-PS200,000 depending on how old you were at the time of your diagnosis.

Your family or you may also be eligible average payout for mesothelioma additional benefits, such as Industrial Injuries Disablement Allowance and Disability Living Allowance. This could help with the day to day costs of living, travel costs and also the cost of equipment such as oxygen tanks.

It is important to be aware of the shortest time left to submit your claim if you're applying for DMPS. It is crucial to complete your application as soon as possible and don't delay any longer. You can reach out to a mesothelioma solicitor who can help you with your DMPS claim and ensure that it is filed correctly.

If you're claiming on behalf of someone who died mesothelioma, you are entitled to three years from the date of their death to do so. This is the legal time limit for mesothelioma cases in England and Mesothelioma Payment Wales. You can still claim after this deadline provided you have the assistance of an experienced mesothelioma lawyer. This lawyer will make sure that all the required evidence is submitted to maximize your chances of receiving a successful DMPS Claim.

What happens if I don't submit a claim?

Anyone diagnosed with mesothelioma should take action quickly and contact asbestos compensation solicitors. It is essential to file claims within the three-year timeframe that is set by law. This will enable a lawyer to begin gathering evidence and assembling a solid mesothelioma claim.

The signs of mesothelioma are not evident for a long time after exposure to asbestos. Unfortunately when someone is diagnosed with mesothelioma their health can be deteriorating so much that they have only a few months to live.

The Diffuse Mesothelioma Pay Scheme was created in 2014 to close an insufficiency that prevented mesothelioma sufferers who couldn't find their employer or employers insurance companies' liability insurers from receiving the compensation they deserved. It is funded by a levy on insurance companies.

The DMPS compensates only those mesothelioma patients who worked in the UK, and were exposed to asbestos at work. A client of mine, for example has developed mesothelioma following the washing of her father's asbestos-contaminated work attire in his factory in Higham. She was unable to submit a mesothelioma claim against British Uralite, her father's former company. In the end, she was awarded only PS18,675 from DMPS. This was not enough to cover her legal fees. This is an inherent injustice. Immunotherapy treatments are showing great promise for mesothelioma sufferers and it's vital that those eligible to receive treatment receive the funds they need.