10 Facts About Diffuse Mesothelioma Payment That Will Instantly Make You Feel Good Mood
The Diffuse Mesothelioma Payment Scheme Regulations 2014In January 2014, the government passed legislation that established a mesothelioma compensation scheme funded by a levy on insurers. The scheme provides compensation to people with diffuse mesothelioma when they are unable to identify a former employer, or an insurer who is responsible for their asbestos exposure.
Applicants who are not satisfied with the decision can request a review. The tariff tables below provide more details on this procedure.
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. The scheme fills in a gap that previously prevented those who could not locate their employer or insurance company's employer from seeking compensation. It was referred to as a 'scheme of last resort'. The Forum welcomed its introduction, particularly as it plugged a hole that allowed asbestos sufferers to be left without the financial support they deserved.
It is an all-in lump sum payment to compensate those diagnosed with mesothelioma diffuse who are unable to take a civil action through the courts. It is financed through an insurance levy on insurers of employers' liability and administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme is based on a tariff system, where the amount of the lump amount is determined based on your age at the time that you were 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 has been processed. In addition, you will be eligible for a contribution to legal costs of PS7,000. Your solicitor will assist you with filling out the DMPS form and obtaining the necessary supporting documents, including proof of unsuccessful attempts to locate your employer or insurer via the Employer's Liability Tracing Office.
Although it is possible to submit a DMPS application yourself but you'll need a specialist mesothelioma lawyer to guide you through the process and ensure that the information you provide is correct. The lawyer will assist you provide a thorough job history and describe the circumstances that caused the exposure to asbestos and how it affected your life.
It is essential that all information provided on the DMPS form is accurate, as failure to provide the correct information could result in your application being rejected. Applicants will receive a letter that will inform them if they are successful or not. Any money received will be transferred directly to your bank account. If you are not successful you might be able to appeal the decision.
Who is eligible for an DMPS payment?
The DMPS was a significant step forward for people suffering from mesothelioma at time when it was first introduced, particularly because it takes many years for asbestos-related diseases to develop. The scheme fills in the gap that previously allowed asbestos patients to receive compensation from their former employers and insurers.
Four years later, it is time to consider whether the DMPS will be sufficient to pay those who are not able to pursue a civil lawsuit for asbestos exposure. The DMPS does not provide compensation to people who died from mesothelioma, or to those who were exposed on a secondary level for example, those who cleaned the work clothes of their husbands, or to those who suffered from exposure to asbestos from the environment.
The scheme also only allows for three years from the date of diagnosis, unlike the three-year statute of limitations for civil claims. This leaves some victims at a disadvantage as it means they do not have the chance to claim expenses such as the treatment of immunotherapy that has been proven to dramatically improve life expectancy in some cases, but is not accessible on the NHS and could cost up to PS280,000.
In addition, there is no provision for legal costs which must be paid by those who are pursuing a DMPS application, however there is a separate scheme that allows this expense to be covered in civil lawsuits. This should be addressed as a matter urgency if a victim wants to make the best possible financial recovery from their asbestos-related disease. A specialist solicitor can assist in this process by seeking a review of Scheme Administrator's decision.
How do I apply for the DMPS for a DMPS card?
If you have debts that are in your name or joint names with another you may include the name of the other person in your DMP. The creditors of the other person can still pursue them when the debt isn't paid in complete.
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 because DMPS is water-soluble. Furthermore, it is oxygen reactive and would be degraded quickly. It is only available via mouth or intravenously. [14] DMPS must also be fat-soluble for it to be effective in the lymphatic system.
What happens if not successful?
The Mesothelioma Act 2014 introduced the DMPS which is a compensation scheme that is funded by insurance companies. It provides compensation to patients of mesothelioma with diffuse spread and their dependants who have been diagnosed with this incurable cancer because of exposure to asbestos while in work in the UK. It is a program that is funded by a levy imposed on employers' liability insurance policies. The DMPS is in effect since April 2014. It is able to award payments of upto PS240,000 for each person.
There are certain time limits that must be adhered to in order to make an application for a payment. The date of the first mesothelioma diagnosis, and a deadline of three years from the date of diagnosis are included. If you have been diagnosed with mesothelioma, and you are able to identify your former employer's liability or their Employers' Liability insurance it is advisable to apply as soon as you can.
If your application is rejected You can request a reconsideration by the Scheme Administrator. This can be done by completing an DMPS Request for Reconsideration typical mesothelioma settlements form. It is crucial to consult a lawyer throughout the process. They can complete the application on your behalf, assist in gathering the required documents, and help you throughout the process.
If you aren't satisfied with the result of the review, you can appeal to the First Tier Tribunal. This is part of the Tribunal Service. If you are planning to appeal, it is crucial to seek legal advice at the earliest opportunity.
Immunotherapy, in conjunction with other innovative treatments is showing tremendous promise for extending the lifespan of patients diagnosed with mesothelioma. These treatments are costly and are not accessible through the NHS. Some patients may opt to bring a civil suit for reimbursement 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 10 February 2015. The increase was in response to the ruling in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first instance that the DMPS was examined at an appellate level and provides some useful guidelines as to its scope.