Diffuse Mesothelioma Payment Scheme
The Diffuse Mesothelioma Compensation Scheme (DMPS), is a fund that is used as a last resort. It pays compensation to people suffering from mesothelioma, if they can't bring a civil claim against their employer or the employer's liability insurance.
To be eligible to receive to be eligible for a DMPS payment you must prove that your exposure to asbestos was caused through your employment.
How does it work
The Diffuse Mesothelioma Payment Scheme (DMPS) was established in 2014 under the Mesothelioma Act 2014. The purpose of the DMPS was to fill a gap in the law that had prevented people diagnosed with asbestos-related diseases that are long-latent such as diffuse mesothelioma from receiving compensation.
This is only for those who have been diagnosed with diffuse mesothelioma, and cannot identify the employer or insurer responsible for their asbestos exposure. Even those who succeed under the DMPS can still file a civil claim for additional financial loss or compensation due to their asbestos related diagnosis and treatments.
DMPS is funded through an annual levy on the active market for employers' liability insurance. The levy is collected by the Employers' Liability Tracing Office and is recalculated every year to reflect any change or decrease in applications.
Successful applicants will be paid under the DMPS. It is based on the age at which they were diagnosed with Mesothelioma. Prior to deductions, the amount ranges from PS87.061 for those who are over 90 to PS271.120 for those who are younger. Successful applicants also receive a contribution towards legal costs up to PS7,000.
The DMPS However, it does not pay compensation to those who depended financially on the patient. This is a major omission. This is a major flaw in law and can cause families to be devastated, particularly when mesothelioma sufferers die.
The main issue with the DMPS is that it does not consider private medical treatment. This could cost up to hundreds of thousands of pounds per person. In a civil case of compensation the Court would rule and the insurers would be required to pay. In the DMPS the case, this isn't possible as it only covers payments under the scheme.
There are other issues with the DMPS which are worth to be mentioned. The DMPS, for example, has a three-year time limit from the moment of diagnosis. This is significantly less than the five years required for the filing of a civil compensation claim and is a huge disadvantage to the people affected.
Eligibility
If you suffer from diffuse mesothelioma and you were exposed to asbestos while working, you may qualify for a payout under the Diffuse Mesothelioma Compensation Scheme (DMPS). This is a government-led scheme that offers compensation to people who have been diagnosed with pleural cancer. The scheme also provides compensation to the dependents of those who died from mesothelioma and other asbestos-related illnesses. The DMPS is in its seventh year and has paid almost PS26.7million to date. The DMPS tariff is the basis for determining the amount of compensation paid out.
This price is based on the average amount of money awarded in a mesothelioma civil claim, as determined by a Tribunal. You should seek legal advice before making an mesothelioma case and review your case with an experienced lawyer to ensure you receive the maximum compensation possible.
The Diffuse Mesothelioma Compensation Scheme funded by a levy imposed on the liability insurance of employers. It was established under the Mesothelioma Act 2014 and is governed by the Diffuse Mesothelioma Payout Scheme Regulations. These regulations regulate the responsibilities of Scheme Administrator, eligibility under the Act and the process for making claims. They also permit the review of decisions and appeals.
A person who is diagnosed mesothelioma might be entitled to a lump-sum under the DMPS in the event that they can prove that they were exposed to asbestos at work. To be eligible for compensation, you will have to prove that your employer was aware of the dangers of asbestos and failed to take proper safety measures to protect its employees.
You can apply to the DMPS on your own, or you can ask your solicitor to apply on behalf of you. It is important to be aware that making an DMPS payment could impact your eligibility for state benefits, including Industrial Injuries Disablement benefit. Always consult with a lawyer prior to deciding whether you want to make a claim for compensation and if you receive state benefits, it is important not to put off submitting your claim.
Time limit
If you are suffering from mesothelioma that is diffuse and you were mesothelioma class action lawsuit settlements exposed to asbestos during your work, you must get your act together as soon as you can. It's essential to contact a solicitor and to fill out a mesothelioma settlement claim form, as this will assist in proving your case. If you require more assistance, call the Barrow Industrial Injuries Disablement Benefit Centre.
Compensation claims for mesothelioma can be filed if asbestos exposure occurred at work or at home in the UK or abroad. Compensation is granted under the Pneumoconiosis etc. (Workers' Compensation) Act of 1979 or the Diffuse Mesothelioma Compensation Scheme (DMPS).
The DMPS scheme was developed to help victims who are unable to file a legal action against their former employer or the insurance company of their employer due to a variety of limitations. This includes situations where it's impossible to locate the defendants' companies or when the insurers have been liquidated or dissolved.
It is possible to claim compensation for a variety of asbestos-related diseases including mesothelioma and lung cancer and the thickening of the pleural. The DMPS scheme offers compensation for these illnesses, which includes reimbursement of medical costs, a lump-sum, subsistence allowance, and attendance allowance.
To be eligible for compensation to receive compensation, you must have been diagnosed with mesothelioma. If you are the dependant of someone who has died from mesothelioma, you can also apply for compensation. You must, however, contact a mesothelioma lawyer as soon as you can to ensure that you submit your claim within the deadline.
If you've received compensation under the 2008 scheme or the Pneumoconiosis Act, it will be deducted from the payments under DMPS. It is important to seek legal advice as soon as possible as the time limit for making an application under DMPS is only three years from when you were diagnosed with the disease. The time limit may be extended if you delay. Ashtons Legal has mesothelioma specialists who have experience in submitting DMPS claims. They can assist you in get the best possible result from your claim.
Legal advice
Mesothelioma is a deadly asbestos-related cancer, is a grave disease. The condition causes severe respiratory problems and it is almost always fatal. To get compensation asbestos victims need professional legal advice. They should not rely on general or local solicitors because they will have no experience of mesothelioma claims. Instead, they should seek out mesothelioma specialist solicitors who do not charge fees for their services.
In the UK the Mesothelioma Act 2014 introduced a compensation scheme to help victims of diffuse mesothelioma who have not been awarded compensation in a civil case. This is called the Diffuse Mesothelioma Pay Scheme (DMPS).
The Asbestos Forum welcomed the DMPS when it was introduced as it filled a long-standing gap. Asbestos sufferers need to be able to trace their employer and the insurance company responsible for their asbestos exposure in order to receive compensation. Since mesothelioma may take years to develop, it is often impossible to find the insurance companies or organizations responsible for asbestos exposure.
The DMPS has a limited coverage and only pays mesothelioma patients and their dependents. It is a compensation fund and it doesn't provide compensation for family members who have passed away from mesothelioma, including children or other relatives. It does not cover any private medical treatment. You may pursue an action for civil compensation in the case of mesothelioma and the Court may award a substantial amount to pay for private medical treatment.
Another problem is that DMPS does not take into account any significant costs such as mesothelioma immunotherapy, which can cost tens, or even hundreds of thousands of pounds. This type of treatment isn't available on the NHS and the civil compensation claim will ensure that the treatment is covered.
The DMPS was established to fill a void, however, there are some issues with this type of compensation. You may seek compensation for asbestos trust funds or mesothelioma-related personal injury claims.