The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to establish a mesothelioma compensation scheme that is funded by an insurance levy. This scheme pays compensation for people with diffuse mesothelioma payout who are unable to find a former employer or an insurer who is accountable for their asbestos exposure.
Anyone who is unsuccessful in their application may request the decision be reconsidered. The tariff tables below provide more details on this process.
What is the DMPS (Digital Media Payment System)?
The Diffuse Mesothelioma Payment Scheme (DMPS) was introduced in 2014 as a part of the Mesothelioma Act 2014. This scheme fills the gap that previously stopped those who were unable to locate their employer or insurer from making claims for compensation. It was described at the time as a’scheme for last resort’ and the Forum was pleased with the introduction of this scheme, especially as it closed a loophole that permitted asbestos victims to be denied the financial support they deserve.
It is a lump-sum payment for those with diffuse mesothelioma diagnosed but who are not able to pursue a civil action through the courts. It is financed by an insurance levy on employers’ liability insurance companies and administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme is through a tariff system in which the level of the lump sum is based on your age when diagnosed with mesothelioma.
If your DMPS claim is approved and accepted, you will be eligible to receive your money within six weeks after your claim is processed. You will also receive filing a mesothelioma lawsuit payout contribution of PS7,000 towards your legal expenses. Your lawyer will assist you complete the DMPS application form and collect the necessary supporting documents like proof of unsuccessful attempts to locate your employer or their insurance company through the Employer’s Liability Tracing Office.
While it is possible to complete a DMPS application yourself but you’ll need a specialist mesothelioma lawyer 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 background of your work and explain the circumstances that caused asbestos exposure and Diffuse mesothelioma payment how it affected your lifestyle.
It is crucial that all information on the DMPS form is correct in order to avoid any mistakes. Failure to do so can result in your application being rejected. Candidates will receive an email confirming whether or not they’ve been successful in their claim and any money received will be deposited directly into your bank account. If you are not successful in your claim, you may be in a position to appeal the decision.
Who is eligible for a DMPS Payment?
At the time of its introduction the DMPS was a major improvement for those suffering from mesothelioma particularly since it is often too late to make an action in civil court due to how long the asbestos-related disease takes to develop. The scheme fills an opportunity that had previously allowed asbestos victims to claim compensation from their former employers and insurance companies.
Four years later, it is time to consider whether the DMPS will be sufficient to compensate those who are unable to pursue a civil lawsuit for asbestos exposure. The DMPS doesn’t pay to those who have died from mesothelioma or to those who were exposed at a second level like those who washed the work clothes of their husbands or to those who had environmental exposure.
The scheme also permits three years to pass from the date of diagnosis, unlike the three-year limitation period for civil claims. This puts some victims at a disadvantage, as they cannot claim for costs like immunotherapy treatment that can be costly and cost as high as PS280,000.
In addition, there is no provision for legal fees which must be paid by those pursuing a DMPS application whereas there is a separate scheme that allows this cost to be covered in civil claims. This must be addressed as a matter of urgent importance if a victim wishes seeking the most effective financial recovery for their asbestos-related illness. This can be accomplished through the assistance of an expert solicitor who will submit a claim to the SSCS6a to request an examination (or “mandatory reconsideration”) of any decision by the Scheme Administrator.
How do I apply to the DMPS for a DMPS card?
You can also include the name of another person in your DMP if you have debts in your name or joint names. The creditors of the other will still pursue them if the debt is not paid in full.
Some people have tried using DMPS transdermally (by applying it on the skin) or by sniffing. But, this isn’t a suitable method of administration because DMPS is water-soluble. It is also oxygen reactive and is likely to degrade quickly. It is only available either by oral or intravenously. [1414 DMPS must also be fat-soluble to be active in lymphatic system.
What happens If my application is not successful?
The Mesothelioma Act 2014 introduced the DMPS Compensation Scheme that is funded by insurance companies. It provides compensation to patients of diffuse mesothelioma and their families who have been diagnosed with this incurable cancer because of exposure to asbestos during work in the UK. The scheme is funded through a levy on employers’ liability insurance policies. The DMPS is in operation since April of 2014 and is able to award payments up to PS240,000 per person.
There are certain deadlines that need to be observed in order you to be eligible for a payment. The date of the first mesothelioma diagnosis, and a three-year deadline from that date are included. If you have been diagnosed with mesothelioma and you can trace your liable former employer or their Employers’ Liability insurance then you should apply as soon as possible.
If your application is rejected You can request a review by the Scheme Administrator. This is done by filling out an DMPS Request for Reconsideration form. It is essential to consult with a solicitor throughout this process. They can complete the application on your behalf and assist in assembling documents, and provide support throughout the process.
If you are not happy with the outcome of the review, you can appeal at the First Tier Tribunal. This is part of the Tribunal Service. It is crucial to seek legal advice as soon as you can in the event that you plan to appeal.
Immunotherapy, along with other innovative treatments are showing great potential for extending the life expectancy of people diagnosed with mesothelioma. These treatments are costly and are not accessible through the NHS. As a result, some sufferers will choose to pursue a civil claim for compensation to pay for their treatment and to recover costs.
In February 2015, DMPS tariff payments were increased to PS240,000 for those diagnosed with mesothelioma after or on 10 February 2015. The increase was in response to the decision in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first instance where the DMPS was examined at an appellate level, and provides some helpful guidelines as to its scope.