The Diffuse Mesothelioma Payment Scheme

The DMPS is a scheme run by the government that compensates those who suffer from diffuse mesothelioma. If a civil claim for mesothelioma fails against an employer as the company no longer exists and their insurers can't be located, then large payments can be made under the DMPS.

The DMPS, however, has a lot of gaps, which means that many people are not eligible. I've represented clients who fell into these gaps and it's not fair.

What is the DMPS (Digital Media Payment System)?

The DMPS is for mesothelioma patients 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 time of diagnosis.

The DMPS is only available to those who have been diagnosed with mesothelioma caused through their own occupational exposure to asbestos and who have been unable to trace their former employer or near their employers' insurers. It is not available to those who developed mesothelioma payment due to other exposures or who are ineligible to make a claim without financial support.

This is a huge injustice and a difficult position for mesothelioma patients to find themselves in. It can be difficult to reconcile the fact that some patients will receive no compensation, while others who could have recovered significant compensation through an appeal to the civil court, will be denied that money them and deposited into the DMPS.

Asbestos-related victims should be compensated that is individualized to their particular circumstances but not at the expense 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 extend 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 issue of conflict of interest and should be stopped.

Lastly, if a person suffering from mesothelioma dies prior to submitting an DMPS, their heirs will have the right to submit an DMPS. This is in contrast to the way that civil mesothelioma claims are dealt with when a person dies before their three-year time limit expires and their estate is able to pursue a compensation claim. It is not clear why the DMPS was set up in this manner. This issue has raised a number of questions. This is an area in which I will continue fight for change.

How do I claim a benefit?

To be eligible for a payment under DMPS it is necessary to have been exposed to asbestos at some time. This could have occurred at work or at home. Workers in a variety of industries were exposed to asbestos because it was widely used until it was banned. This included tradesmen, construction workers such as plumbers, electricians and carpenters, as being factory workers. People who lived near asbestos factories were also at risk because the dust would drift onto their clothing and home.

The DMPS was introduced in 2008 to fill in a gap which had been created by the Pneumoconiosis Act 1979. It meant that people diagnosed with mesothelioma diffuse who could not pursue an action for compensation through the courts could receive a lump sum under the scheme. In the case of someone who passed away prior to being eligible to file claims under the DMPS and their family members can now apply for a claim.

The compensation you are awarded will be based on the time when you were diagnosed with mesothelioma. The amount you receive will increase as you age and reflect the impact the disease has had on your life. If you have dependents they may also apply for inclusion on your DMPS award. This will allow you to pay for their care needs.

It is important to remember that you may still pursue a civil lawsuit for compensation while you request a payment through the DMPS. This will ensure that you get the maximum amount of compensation.

A DMPS claim will also grant you PS7,000 to pay for your legal costs. This will cover the costs of pursuing your claim. It will be paid directly to your bank account.

The main issue with DMPS is that it only provides a small amount of compensation and does not provide any specific amount to cover the cost of any medical treatment which you may require. For instance, immunotherapy has been proven to be effective in some instances. However you can only receive it if you file an injury claim with your former employer's insurance company.

How long can I file a claim before it's too late?

Around 300 people suffering from mesothelioma that is diffuse are not able to claim compensation every year. It could be due to the fact that their employer is no longer operating or their insurance companies are no longer in business. The DMPS was designed to ensure that these individuals would still receive the compensation that they deserved.

The law's introduction was greeted with enthusiasm because it filled a loophole in the law that was present for years and which resulted in people who didn't know their employer's name or insurer could not claim compensation.

In the event that you have been diagnosed with mesothelioma during the last five years you could be eligible to receive a DMPS lump sum payment of up to PS90,000 (before deductions). If you have passed away because of mesothelioma, you or your family could receive an additional Special Payment of between PS74,000 and PS200,000 based on your age at the time of diagnosis.

Your family or you may also be eligible for other benefits, including Industrial Injuries Disablement Allowance and Disability Living Allowance. This can assist with the day to day costs of living, travel costs and paying for equipment such as oxygen tanks.

If you are applying for near the DMPS and you're interested, then be aware that you have only a limited amount of time to submit your claim. It is important that you submit your application as soon as you can and don't wait any longer. You can contact mesothelioma lawyers who will assist with your DMPS claim and ensure that it is filed correctly.

You have three years to file a claim on behalf of a family member who passed away from mesothelioma. This is the legal deadline for mesothelioma cases in England and Wales. You can still claim after this deadline if you are assisted by an experienced mesothelioma lawyer. The lawyer will ensure that all the appropriate evidence is submitted in order to increase your chances of a successful DMPS claim.

What happens If you do not file an insurance claim?

Asbestos compensation solicitors are required by people who have been diagnosed with mesothelioma. It is essential to file claims within the three-year limit that is set by law. This will ensure that a lawyer can begin gathering evidence and compiling a robust mesothelioma claim.

The symptoms of mesothelioma typically do not manifest for a long time after exposure to asbestos. However at the point a person is diagnosed with mesothelioma their health has typically deteriorated to the point that they have only a few months left to live.

The Diffuse Mesothelioma Compensation Scheme launched in 2014. It was created to fill an unintended loophole that prevented average mesothelioma payout patients who could not locate their employer, or insurers of employers liability from receiving the compensation that they deserved. The scheme is financed by an insurance company tax.

The DMPS will only compensate mesothelioma sufferers who have worked in the UK and were exposed to asbestos at work. For instance, a customer of mine was diagnosed with mesothelioma thanks to washing her father's asbestos contaminated work clothes in his factory in Higham, Kent. She was not able to make a claim for mesothelioma lawsuit payouts against British Uralite the father's former employer. In the end, she was awarded only PS18,675 from the DMPS. This was not enough to cover her legal costs. This is a blatant injustice. Immunotherapy therapies are promising for patients with mesothelioma and it is crucial that those who qualify receive the funding they require.