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The Diffuse Mesothelioma Payment Scheme The DMPS is a federally-funded scheme which pays compensation to people with mesothelioma that is diffuse. The DMPS can pay out large sums when a civil suit against an employer fails due to the company has ceased to exist or their insurers cannot be traceable. However the DMPS has huge gaps, which means that many sufferers don't get out. I've represented clients who fall into those gaps and it's unfair. What is the DMPS? A mesothelioma victim who is diagnosed with diffuse mesothelioma but is not eligible to pursue an appeal for compensation in civil court can apply for the DMPS. The scheme will pay a lump sum of up to PS216,896 based on their age at the time of diagnosis. The DMPS is only available to those who have been diagnosed with mesothelioma triggered by their own exposure to asbestos and who were not able to locate their former employer or their employers' insurers. It is not available to those who developed mesothelioma due to other exposures or are ineligible to make claims without financial assistance. This is a terrible injustice and a difficult circumstance for victims of mesothelioma. It is also difficult for some patients to reconcile that they won't receive compensation whatsoever, whereas others who could have received substantial compensation through the civil process will have their money taken away and deposited into DMPS. Asbestos victims deserve compensation that is specific to their situation but not at the expense other mesothelioma patients. The DMPS also does not include medical expenses, like immunotherapy and chemotherapy, which might have been required to treat symptoms or increase life expectancy. The DMPS administrator will also take into consideration the mesothelioma patient's eligibility to social security benefits or compensation from their DWP employers. This is an unjustified conflict of interest that should be stopped. In the event that mesothelioma sufferers pass away before making an DMPS application the right to apply is transferred to their heirs. However mesothelioma cases involving civil parties are treated differently. If a person passes away before the three-year statute of limitations expires their Estate may still pursue a compensation case. It is unclear what the reasoning behind why DMPS was set up in this way. There are many questions to be asked regarding this issue. This is a subject in which I will continue to advocate for change. How do I make a claim? In order to qualify for a payment under DMPS it is necessary to have been exposed to asbestos at some time. You could have been exposed to asbestos at workplace or at home. Asbestos was extensively used before it was banned and this meant that workers in many different industries were exposed harmful fibres. Tradesmen, such as construction workers, plumbers, carpenters and electricians as well as factory workers were all at risk. People who lived close to asbestos factories were also at risk since dust would fall onto their clothes and even their homes. The DMPS was introduced in 2008 to fill a gap that had been created by the Pneumoconiosis Act 1979. This meant that those diagnosed with diffuse mesothelioma who were unable to pursue an action for compensation through the courts were able to receive a lump sum under the scheme. If someone died before they could make an application, their family members can now apply. The amount you receive will be based on the 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 life. You can include your dependents on your DMPS award to with their healthcare costs. You should remember that you may still pursue a civil lawsuit for compensation while you apply for a payment through the DMPS. This will ensure that you get the maximum amount of compensation. https://www.mesotheliomapayout.top/ of making an DMPS claim is that you will be given PS7,000 towards legal costs. This will cover the costs of the process of pursuing your claim. It will be paid directly to your bank account. The most significant issue is that the DMPS only provides a small compensation amount, and does not include any specific elements for any medical treatment you may require. Immunotherapy, for example, has been proven effective in some instances. However it is only possible to get it if you file a civil compensation claim with the insurance company of your former employer. How long do I have to file a claim? Each year around 300 workers who have developed mesothelioma diffuse are unable to claim compensation. It could be due to the fact that their employer is no longer operating or their insurers are no longer in business. The DMPS was enacted to ensure these people could still get the compensation they deserve. Its introduction was well-liked because it plugged a hole in the law that had been in place for a long time and allowed people who did not know their employer or their insurer were unable to recover compensation. In the event that you have been diagnosed with mesothelioma during the past five years or so and you are entitled to an DMPS lump sum amounting to up to PS90,000. (before deductions). If you or someone in your family has passed away as a result of mesothelioma then you could be entitled to Special Payments of between PS74,000 and PS200,000 dependent on the age at which you were at the time you were diagnosed. In addition to these lump sum payments you or your family may also be eligible for additional benefits like Industrial Injuries Disablement Benefit and Disability Living Allowance. This can help with the day-to-day costs of living, travel costs and the cost of equipment like oxygen tanks.
If you are seeking compensation on behalf of a deceased relative suffering mesothelioma, you are entitled to three years from the date of their death to file a claim. This is the statutory time limit that applies to mesothelioma claims in England and Wales. However, you can claim after the deadline if you have the assistance of an experienced mesothelioma lawyer. The lawyer will ensure that all relevant evidence is submitted in order to maximise your chance of winning a DMPS claim. What is the consequence if I don't file a claim? Asbestos compensation lawyers are required by people who have been diagnosed with mesothelioma. It is crucial to submit a claim within the timeframe of three years set by law. This will ensure that a solicitor can begin gathering evidence and compiling a robust mesothelioma claim. Mesothelioma symptoms aren't typically apparent until a long time after exposure to asbestos. Sadly when someone is diagnosed with mesothelioma their health has often deteriorated so that they are left with only a few months to live. The Diffuse Mesothelioma Compensation Scheme was introduced in 2014. It was created to fill an unintended loophole that stopped mesothelioma patients who were unable to not locate their employer, or insurers of employers liability from receiving the compensation that they deserved. The scheme is funded by a tax on insurance companies. The DMPS compensates only those mesothelioma sufferers who have worked in the UK and were exposed to asbestos at work. For instance, a client of mine was diagnosed with mesothelioma thanks to the washing of her father's asbestos contaminated work clothes at his manufacturing facility in Higham, Kent. She was unable to submit a mesothelioma claim against British Uralite, her father's former company. The result was that she received only PS18,675 from the DMPS. This did not cover her legal fees. This is a huge injustice. Immunotherapy treatments are showing great potential for mesothelioma patients, and it's essential that those eligible to receive treatment receive the money they require. |
