Diffuse Mesothelioma Payment Scheme
The Diffuse Mesothelioma Payment Scheme (DMPS) is a fund of last resort. It offers compensation to those suffering from mesothelioma, if they can't bring a civil claim against their employer or the employer's liability insurer.
To qualify to receive to be eligible for a DMPS Payment, you must provide evidence that your exposure to asbestos was caused by your job.
How does it work
The Diffuse Mesothelioma Pay Scheme (DMPS) was established in 2014, was created under the Mesothelioma Act. The DMPS was created to fill a legal gap that had prevented those suffering from long-latent asbestos disease, including mesothelioma that is diffuse, from receiving compensation.
This is only for those who have been diagnosed with mesothelioma diffuse and cannot identify the employer or insurer responsible for their exposure to asbestos. Even those who have been successful under the DMPS may still be able to pursue an action in civil court to recover additional financial loss or other compensation because of their asbestos-related diagnosis and treatment.
DMPS is funded by a levy that is annually levied on the active employers' liability insurance market. The Employers' Liability Tracing Office takes this amount, which is then recalculated every year to reflect any changes in the number of applications.
If an applicant is successful and granted the DMPS they will receive a pre-determined payment. It is based on their age at the time they were diagnosed with Mesothelioma. Before deductions, the amount ranges from PS87.061 for those over 90 years old to PS271.120 for those younger. Successful applicants will receive a contribution to legal expenses of up to PS7,000.
However the DMPS does not pay compensation to relatives who were financially dependent on the sufferer this is a huge shortfall. This is a major law flaw that can leave families devastated when mesothelioma sufferers die.
A key problem with the DMPS, is that it doesn't take into account private medical treatment. This could cost up to hundreds of thousands of pounds per individual. In a civil compensation claim the matter would be resolved by the Court and the insurers would be required to pay out. This is not possible under the DMPS as it only covers the amount of compensation that is paid under the scheme.
Other issues with the DMPS are worth mentioning. The DMPS is one example. It has a three-year period from the time of diagnosis. This is a significantly shorter time period than the five-year time frame for filing a civil claim.
Eligibility
If you have diffuse mesothelioma and were exposed to asbestos during your work you could be eligible for a payment under the Diffuse Mesothelioma Compensation Scheme (DMPS). This is a federally-run scheme which provides compensation for those diagnosed with pleural mesothelioma. It also pays out to the families of those who have died from mesothelioma or other asbestos-related diseases. The DMPS is in its seventh year of operation and has paid nearly PS26.7million to the present. The amount of compensation payment awarded is determined by the DMPS's tariff.
This price is based on the average amount awarded in a mesothelioma civil claim which is based on the findings of an Tribunal. To ensure that you receive the maximum amount of compensation, you should consult with a lawyer prior making a claim in mesothelioma.
The Diffuse Mesothelioma Compensation Scheme is funded through a levy levied on employers' liability insurance. It was established under the Mesothelioma Act 2014 and is controlled by the Diffuse Mesothelioma Payout Scheme Regulations. These regulations govern the duties of the Scheme Administrator as well as eligibility under the Act and the process for submitting a claim. They also permit reviews of decisions and appeals of such decisions.
A person diagnosed mesothelioma might be entitled to a lump sum under the DMPS when they can prove that they were negligently exposed to asbestos while at work. To be eligible for compensation, you'll have to prove that your employer was aware of the dangers of asbestos and did not take appropriate security measures to protect its employees.
You can apply to the DMPS on your own or you can ask your solicitor to do so on behalf of you. But, it is important to remember that claiming a payment under the DMPS may affect your entitlement to state benefits, such as Industrial Injuries Disablement Benefit. Always consult a lawyer before you submit a claim for compensation and if you receive state benefits, you should be careful not to put off submitting your claim.
Time limit
If you suffer from mesothelioma that is diffuse and you were exposed to asbestos at work, you must act as quickly as possible. It's essential to contact an attorney and fill out a mesothelioma payment claim form to help your case. You can connect with the Barrow Industrial Injuries Disablement Benefit Centre if you need additional assistance.
Mesothelioma compensation claims can be made because of exposure to asbestos at workplace or at home in the UK and abroad. Compensation is provided under the Pneumoconiosis etc (Workers' Compensation) Act 1979 or the Diffuse Mesothelioma Payment Scheme (DMPS).
The DMPS scheme is designed to help victims who cannot bring an action in a court against their former employers or their employer's insurance company because of a number of limitations. It is also possible that the defendant companies have been liquidated, dissolved or are not traceable.
It is possible to claim compensation for a range of asbestos-related illnesses, including mesothelioma, lung cancer, and the thickening of the pleural. The DMPS scheme offers compensation for these illnesses, which includes reimbursement of medical expenses and lump-sums, as well as subsistence allowance, and attendance allowance.
In order to make an effective claim, you must have been diagnosed with mesothelioma or another eligible asbestos-related illness. You can also claim compensation if you are a dependent of someone who died from mesothelioma. However, you must contact an attorney for mesothelioma immediately to ensure that your claim is submitted within the time frame.
If you have previously received compensation under the 2008 scheme or the Pneumoconiosis Act, it will be deducted from your payments under DMPS. It is essential to seek legal advice as soon as you are able due to the fact that the time frame to claim a benefit under DMPS only lasts three years after your diagnosis. If you wait it is likely that the time frame will be extended. Ashtons Legal has mesothelioma specialists who have experience in submitting DMPS claim. They can help you to obtain the best possible outcome from your claim.
Legal advice
Mesothelioma is a severe and devastating asbestos-related disease. This condition is usually fatal and causes serious respiratory problems. To get compensation asbestos victims need professional legal advice. They shouldn't rely on general or local solicitors, since they may have no experience with mesothelioma cases. Instead, they should consult with a specialist solicitor for mesothelioma who does not charge for their services.
The UK Mesothelioma Act of 2014 introduced a compensation program to help diffuse mesothelioma victims who have not received compensation through the civil court. This is called the Diffuse Mesothelioma Payment Scheme (DMPS).
When it was first introduced, the DMPS was welcomed by the Asbestos Forum as it filled an unmet need that had been present for a long time. Asbestos sufferers need to be able to identify their employer and the insurer responsible for their exposure to asbestos in order to receive compensation. As mesothelioma settlement payouts can take decades to develop, it can be impossible to identify the insurers or companies accountable for asbestos exposure.
The DMPS has a narrow coverage and only pays mesothelioma patients and their dependents. It is a compensation plan and does not cover family members who died of mesothelioma. This includes children and other relatives. It does not cover any private medical treatment. It is possible to pursue a civil compensation claim in the case of mesothelioma and the Court could award a significant sum to pay for private treatment.
Another problem is that DMPS does not take into account any significant expenses like mesothelioma immunotherapy, which can cost tens, or even hundreds of thousands of pounds. This kind of treatment will not be offered on the NHS however a civil compensation claim could provide it.
The DMPS was established to fill a gap but there are still issues with this type of compensation. You may seek compensation for asbestos trust funds or mesothelioma-related personal injury claims.