The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014 the government enacted legislation that created a mesothelioma compensated scheme funded by a levy on insurers. This scheme pays compensation to patients with mesothelioma diffuse who are unable to identify a former employer or employers liability insurer who was responsible for their exposure to asbestos.
Applicants who aren't happy with the decision may request a re-examination. Tariff tables below provide more details on this process.
What is the DMPS (Digital Media Payment System)?
In 2014, the Mesothelioma Act included a new scheme to pay for diffuse mesothelioma. This scheme fills a gap which previously meant that sufferers who could not trace their employer or their employer's insurer could not claim compensation. It was described at the time as a 'scheme of last resort'. The Forum welcomed the introduction of this scheme, especially as it closed a loophole that allowed asbestos sufferers to be left without the financial assistance they need.
It is an amount in one lump sum to compensate people diagnosed with mesothelioma diffuse who cannot pursue a civil lawsuit through the courts. The scheme is funded by an employer's liability insurance levy, and was managed by Gallagher Bassett until it was taken over in the year 2018 by TopMark Claims Management Limited. The DMPS scheme is as a tariff scheme where the amount of the lump sum is based on your age at the time you were diagnosed with mesothelioma.
If your DMPS claim is approved and accepted, you will be in receipt of your funds within six weeks after your claim is processed. Additionally, you will also receive a contribution towards legal costs of PS7,000. Your solicitor will help you fill out the DMPS application form and collect the necessary supporting documents including evidence of unsuccessful attempts to locate your employer or their insurance company through the Employer's Liability Tracing Office.
While it is possible to make an DMPS application yourself but you'll require a specialist mesothelioma attorney to guide you through the process and make sure that the information you provide is true. The lawyer will assist you in providing a thorough job history and explain the circumstances that led to asbestos exposure and how it affected your lifestyle.
It is essential that all information you fill in on the DMPS form is accurate and complete, as failing to do so can result in your application being refused. Candidates will receive a confirmation letter letting them know if they are successful or not. The funds will be transferred directly to your bank account. If you're unsuccessful in your claim, you may be able to appeal the decision.
Who is eligible to receive a DMPS Payment?
The DMPS was a significant step forward for people suffering from mesothelioma at time when it was launched, particularly because it takes many years for asbestos-related illnesses to develop. The DMPS fills in a gap that previously allowed asbestos sufferers to receive compensation from their former employers and insurers.
But, four years later, it is time to consider whether the DMPS is enough and if there is more that could be taken to ensure that those who cannot pursue a civil lawsuit can still obtain the compensation they deserve for their exposure to asbestos. The DMPS does not pay out to people who died from mesothelioma, or to those who were exposed on a secondary level like those who washed the clothes of their husbands, or to those who had exposure to asbestos from the environment.
The scheme allows for three years from the date of diagnosis, which is not as long as the three-year statute of limitations for civil claims. This puts certain victims in disadvantage since they don't have the chance to claim costs like the treatment of immunotherapy that has been shown to significantly increase life expectancy in certain instances, but is not accessible on the NHS and can cost up to PS280,000.
There is also no allowance for legal fees that must be paid by those who are pursuing an DMPS application whereas there is a separate scheme which allows for this cost to be covered in civil claims. This should be taken care of as a matter of urgency if any victim is seeking the most effective financial recovery for their asbestos related disease. A specialist solicitor can assist achieve this by requesting a review of the Scheme Administrator's decision.
How do I apply for the DMPS for a DMPS card?
You can include the name of another person in your DMP in the event that you have debts in your name or joint names. can mesothelioma lawsuit payout of the other person can still pursue them if the debt is not paid in the full amount.
Some people have tried using DMPS transdermally (by applying it on the skin) or by sniffing. But, this isn't an appropriate method of administration as DMPS is water-soluble. It is also oxygen reactive and would quickly degrade. It is only available either by oral or intravenously. [14It is not administered intravenously. DMPS must also be fat-soluble in order to be active in lymphatic system.
What happens if I am not successful?
The DMPS is an insurer funded compensation scheme which was introduced by the Mesothelioma Act 2014. It offers compensation to those suffering of mesothelioma diffuse and their families who have been diagnosed with this incurable cancer because of exposure to asbestos in working in the UK. It is a scheme funded by a levy on employers' liability insurance policies. The DMPS is in operation since April 2014. It can pay out payments up to PS240,000 for each person.
In order to apply for a payment you must follow certain deadlines. This includes the date of first diagnosis of mesothelioma and a deadline of three years from the date of diagnosis. If you've been diagnosed with mesothelioma and can trace your liable former employer or their Employers' Liability insurance then it is worth applying as soon as possible.
If your application is denied If you are rejected, you can request a reconsideration by the Scheme Administrator. This can be done by filling out an DMPS Request for Reconsideration form. It is important to consult an attorney throughout the process. They can fill out the application on your behalf and assist in assembling documents and support at all stages.
If you aren't satisfied with the result of the review, you may appeal to the First Tier Tribunal. This is part of the Tribunal Service. It is crucial to seek legal advice as soon as possible in the event that you plan to appeal.
Immunotherapy and other new treatments are showing tremendous promise in extending the life expectancy of patients mesothelioma. However the treatments are very expensive and they are not available on the NHS. As a result many sufferers choose to file a civil suit for compensation in order to fund their treatment and recover costs.
In February 2015, DMPS tariff payments were increased to PS240,000 for those diagnosed with mesothelioma following or after 10 February 2015. The increase was a a result of the judgment in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first time the DMPS is being considered in appellate court and provides some useful guidelines regarding its scope.