The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014 the government passed legislation to create mesothelioma compensation schemes that are funded by an insurer tax. This scheme offers compensation to those suffering from mesothelioma diffuse who are unable to identify a former employer or employers liability insurer who was responsible for their exposure to asbestos.
If applicants are rejected, their application may request the decision be reconsidered. More details about this procedure can be found in tariff tables below.
What is the DMPS (Digital Media Payment System)?
The Diffuse Mesothelioma Pay Scheme (DMPS) was introduced in 2014 as part of the Mesothelioma Act 2014. The scheme fills in the gap that previously stopped those who couldn't find their employer or their insurer from seeking compensation. The scheme was described as an "scheme of last recourse" at the time and the Forum was pleased with its launch.
It is an amount in one lump sum to compensate those diagnosed with mesothelioma diffuse who are not able to pursue a civil lawsuit through the courts. It is funded by 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 a tariff system where 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 has been processed. In addition, you will be eligible for a contribution to legal expenses of PS7,000. Your lawyer will assist you fill out the DMPS application form and collect the necessary supporting documents including evidence of unsuccessful attempts to trace your employer or their insurance company through the Employer's Liability Tracing Office.
Although it is possible to submit a DMPS application on your own, you will require a mesothelioma lawyer to guide you through the process and ensure that all of the information you submit is true. The lawyer will assist in providing a thorough work history and explaining the circumstances that led to asbestos exposure and how it affected your life.
All information must be correct on the DMPS application form. If the information is not correct, your application will be denied. Applicants will be sent a letter confirming whether they were successful in their claim and any money received will be deposited directly into your bank account. If you don't receive a positive outcome you may appeal the decision.
Who is eligible to receive an DMPS payment?
The DMPS was a major step forward for those with mesothelioma at the time it was introduced, especially because it can take many years for asbestos-related illnesses to develop. The scheme fills a void that previously permitted those who were unable to locate their former employers or their insurers to claim compensation for asbestos exposure and has been embraced by mesothelioma sufferers and their families.
Four years later, it is time to ask if the DMPS will be sufficient to pay for those who are unable to bring a civil action for asbestos exposure. can mesothelioma compensation payouts does not provide compensation to those who have died from mesothelioma or were exposed at a second level like those who washed the clothes of their husbands or to those who were exposed through exposure to the environment.
The scheme also allows three years to pass from the date of diagnosis, compared to the three-year statute of limitations for civil claims. This puts some victims at a disadvantage, as they cannot claim for costs like immunotherapy treatments, which can be expensive and cost as high as PS280,000.
In the end, the DMPS does not cover legal fees. However an alternative scheme allows these costs to be covered for civil claims. If asbestos-related illnesses are to be treated as efficiently as possible, this issue should be addressed immediately. This can be achieved by the assistance of a specialist solicitor who can submit a claim to the SSCS6a to request a review (or "mandatory reconsideration") of any decision taken by the Scheme Administrator.
How do I submit an application to the DMPS?
You can also include the name of another person in your DMP when you have debts in your name, or in joint names. The creditors of the other person can still pursue them when the debt isn't paid in the full amount.
Some people have tried to use DMPS by sniffing it or applying it on the skin (transdermal). This is not a suitable method of administration because DMPS is water-soluble. It is also a reactive oxygen and is likely to degrade quickly. It can only administered either by mouth or intravenously. [1414 DMPS also has to be fat-soluble to be active in the lymphatic system.
What happens if I'm not successful?
The DMPS is an insurance-funded compensation scheme which was introduced by the Mesothelioma Act 2014. It is a scheme that pays compensation to those diagnosed with diffuse mesothelioma, and their family members, who were exposed to asbestos while working in the UK. The scheme is paid for by a levy imposed on employers' liability insurance policies. The DMPS has been in operation since April 2014. It can pay out payments of up to PS240,000 per each person.
There are certain deadlines which must be adhered to you to be eligible for a payment. The date of first diagnosis of mesothelioma, and a deadline of three years from that date are included. If you have been diagnosed with mesothelioma and you can identify your former employer's liability or their Employers' Liability insurance then you should apply immediately.
If your application is rejected If your application is rejected, you can request the Scheme Administrator for a review of the decision. You can do this by completing a DMPS Request For Reconsideration Form. It is crucial to consult a lawyer throughout the process. They can fill out the application on your behalf and assist in assembling documents and support throughout the process.
If you aren't satisfied with the outcome of the review, you may appeal to the First Tier Tribunal which is part of the Tribunal Service. It is crucial to seek legal advice as soon as you can should you decide to appeal.
Immunotherapy, as well as other new treatments are showing great promise for extending the life expectancy of those diagnosed with mesothelioma. These treatments are costly and are not available through the NHS. Therefore many sufferers choose to file a civil suit for compensation in order to fund their treatment and to recover costs.
In February 2015, the DMPS tariff payment was raised to PS240,000 for individuals who were diagnosed with mesothelioma on or after February 10, 2015. The increase was made in response to the judgement in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time in which the DMPS was considered at an appellate level and provides useful guidelines on its scope.