The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to create mesothelioma compensation, which is funded by an insurer levy. This scheme offers compensation to people with mesothelioma diffuse who are unable to identify an employer or former employer liability insurer who was responsible for their exposure to asbestos.
People who are unsuccessful with their application may request the decision be reconsidered. Tables below on tariffs provide more information on this procedure.
What is the DMPS (Digital Media Payment System)?
In 2014 the Mesothelioma Act included a new scheme to pay for mesothelioma diffuse. The scheme is a solution to a gap which previously meant that patients who could not trace their employer, or their employer's insurer could not claim compensation. It was described at the time as a'scheme for last resort' and the Forum was pleased with its introduction, particularly as it plugged a hole that permitted asbestos victims to be left without the financial support they deserve.
It is an all-in lump sum payment to compensate patients diagnosed with mesothelioma diffuse who are unable to pursue a civil lawsuit through the courts. The scheme is financed by an employer's liability insurance levy and was administered by Gallagher Bassett until it was taken over in the year 2018 by TopMark Claims Management Limited. The DMPS scheme operates through a tariff system in which the level of the lump sum depends on your age at the time you were diagnosed with mesothelioma.
If your DMPS claim is approved and you are eligible to receive your money within six weeks after your claim has been processed. In addition, you will receive a contribution of PS7,000 towards your legal expenses. Your lawyer will assist you complete the DMPS application form and collect the required supporting documents such as evidence of unsuccessful attempts to trace your employer or their insurer via the Employer's Liability Tracing Office.
You can make a DMPS request on your own, but you will need a specialist lawyer who specializes in mesothelioma. They will guide you and make sure that the information you provide is accurate. The lawyer will assist you provide a thorough job history and describe the circumstances that caused your exposure to asbestos, and how it affected your life.
It is essential that all information provided on the DMPS form is correct in order to avoid any mistakes. Failure to complete the form correctly could result in your application being rejected. Candidates will receive a confirmation letter letting them know if they're successful or not. Any funds received will be paid directly to your bank account. If you are not successful you might be eligible to appeal the decision.
Who is eligible to receive an DMPS payment?
The DMPS was an important 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 scheme fills an opportunity that had previously allowed asbestos sufferers to claim compensation from their former employers and insurers.
Four years later, it's time to question whether the DMPS will be sufficient to pay those who are not able to pursue a civil case for asbestos exposure. The DMPS doesn't pay to those who have died from mesothelioma or were exposed on a secondary basis like those who cleaned the clothes of their spouses or to those who were exposed through exposure to asbestos from the environment.
Similarly, the scheme only permits three years from the date of diagnosis to apply, unlike the three years which is the statute of limitations in civil claims. This puts certain victims in disadvantage since they do not have the chance to claim expenses such as immunotherapy, which has been proven to significantly increase life expectancy in certain cases, but is not accessible on the NHS and can cost as much as PS280,000.
The final word is that the DMPS does not cover legal fees. However another program allows these costs to be covered for civil claims. This should be taken care of as a matter of urgency if a victim wants to achieve the highest possible financial recovery for their asbestos-related disease. A specialist solicitor can assist achieve this by seeking a review of Scheme Administrator's decision.
How do I submit an application to the DMPS?
If you have debts that are in your name or joint names with someone else you may include the other person's name in your DMP. The creditors of the other person are still pursuing them in the event that the debt isn't paid in complete.
Some people have tried to use DMPS by sniffing it or applying it to the skin (transdermal). This isn't a suitable method of administration because DMPS is water-soluble. Additionally, it is oxygen reactive and will rapidly degrade. It is only available via oral or intravenously. [1414 DMPS must also be fat-soluble to be active in the lymphatic system.
What happens if not successful?
The DMPS is an insurance-backed compensation scheme that was established by the Mesothelioma Act 2014. It makes payments to sufferers of mesothelioma with diffuse spread and their families who have been diagnosed with this incurable cancer because of exposure to asbestos while in employment in the UK. The scheme is paid for by a levy imposed on insurance policies for employers' liability. The DMPS has been in the market since April 2014 and is able to award payments up to PS240,000 per person.
To apply for a loan you must meet certain deadlines. average mesothelioma payout includes the date of first diagnosis of mesothelioma as well as the deadline of three years from the date of diagnosis. If you've been diagnosed with mesothelioma, and you are able to identify your former employer's liability or their Employers' Liability insurance, then it is worth applying as soon as you can.
If your application is rejected You can request a reconsideration by the Scheme Administrator. This is 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 for you as well as assist you in gathering the required documents and offer assistance throughout the process.
If you're not satisfied 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 possible should you decide to appeal.
Immunotherapy and other innovative treatments are showing great promise in extending life expectancy for those diagnosed mesothelioma. However the treatments are very expensive and they are not available on the NHS. Some patients may opt to file a civil lawsuit for compensation to fund their treatment.
In February 2015, the DMPS tariff payment was increased to PS240,000 for people who were diagnosed with mesothelioma on or after February 10, 2015. The increase was made as in response to the decision in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first instance in which the DMPS was considered at an appellate level, and provides some helpful guidelines regarding its scope.