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 tax. The scheme provides compensation to patients with mesothelioma diffuse who are unable to identify a former employer or an insurance company, that is accountable for their asbestos exposure.
Applicants who aren't happy with the decision may ask for a review. 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 for payment of mesothelioma diffuse. This scheme fills the gap that had previously meant that sufferers who could not trace their employer, or their insurer's employer, were unable to claim compensation. It was referred to as a'scheme of last resort'. The Forum was pleased with its introduction, particularly as it filled a loophole which allowed asbestos sufferers to be left without the financial support they deserved.
It is a lump sum payment to compensate patients diagnosed with mesothelioma diffuse who are not able to pursue a civil lawsuit through the courts. The scheme is financed through 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 uses the tariff system, in which the amount of the lump amount is determined based 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 also receive a contribution towards legal expenses of PS7,000. Your lawyer will assist you complete the DMPS application form and collect the required documents, such as evidence of unsuccessful attempts to locate your employer or their insurer via the Employer's Liability Tracing Office.
Although it is possible to make an DMPS application on your own however, you'll require a specialist mesothelioma attorney to guide you through the process and ensure that the information you provide is correct. The solicitor will help you to provide a detailed work history and also explain the circumstances that caused your exposure to asbestos and how it affected your life.
All information must be complete on the DMPS application form. If not, your application could be denied. Applicants will receive a letter letting them know if they're successful or not. Any funds received will be paid directly to your bank account. If you do not get a positive result, you can appeal the decision.
Who is eligible to receive a DMPS payment?
At the time of its launch, the DMPS was an enormous improvement for mesothelioma patients particularly since it's often too late to file an action in civil court due to the time asbestos related illness takes to develop. The DMPS 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 question whether the DMPS will be sufficient to pay for those who are unable to pursue a civil case for asbestos exposure. The DMPS does not pay out to people who died from mesothelioma or to those who were exposed at a second level for example, those who cleaned the clothes of their husbands or to those who had exposure to asbestos from the environment.
In addition, the scheme only allows three years from diagnosis to apply, versus the three-year period that is the statute of limitations in civil claims. This leaves some victims in a disadvantage since they cannot claim for costs like immunotherapy treatments, which can be costly and cost as high as PS280,000.
Finally, there is no provision for legal fees which must be paid by those who are pursuing a DMPS application. However, there is a separate plan that allows this cost to be covered in civil cases. If asbestos-related diseases must be treated as effectively as possible, this issue must be addressed as soon as possible. A specialist solicitor can assist to achieve this goal by asking for a review of the 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 another you may include the name of the other party in your DMP. However, the other person's creditors will continue to pursue them for the debt, unless it is paid in full by a single individual.
Some people have tried DMPS transdermally (by applying it to the skin) or by sniffing. This is not a suitable method of administration as DMPS is soluble in water. It is also a reactive oxygen and will rapidly degrade. It is only administered by mouth or intravenously. [14It is not administered intravenously. DMPS also has to be fat-soluble to be active in the lymphatic system.
What happens if not successful?
The DMPS is an insurer funded compensation scheme that was established by the Mesothelioma Act 2014. It provides compensation to people diagnosed with diffuse mesothelioma and their dependents, who were exposed to asbestos at work in the UK. The scheme is funded through an levy on employers' liability policies. The DMPS is in operation since April 2014. It is able to award payments of up to PS240,000 per each person.
In order to apply for a payment you must meet certain time limits. The date of first diagnosis of mesothelioma and a deadline of three years from that date are included. If you've been diagnosed with mesothelioma, and have access to your former employer or their Employers Liability Insurance, you should consider applying as soon as you can.
If your application is rejected If your application is rejected, you can request the Scheme Administrator to conduct an appeal to the decision. This can be done by completing an DMPS Request for Reconsideration form. It is essential to speak with an attorney throughout the process. They can complete the application on your behalf, assist with collecting the necessary documents and assist you throughout the process.
If you aren't satisfied with the results of the review, you can appeal to the First Tier Tribunal which is part of the Tribunal Service. If you wish to appeal, it is important to seek legal advice as soon as you have the possibility.
Immunotherapy and other treatments are proving to be very effective in prolonging the lives of those diagnosed with mesothelioma. These treatments are costly and are not available through the NHS. Some patients may decide to bring a civil suit for compensation to pay for their treatment.
In February 2015 in February 2015, the DMPS tariff payment was increased to PS240,000 for those who were diagnosed with mesothelioma on or after 10 February 2015. how mesothelioma compensation payout was as a a result of the judgment 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 as to its scope.