The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014 the government passed legislation that created a mesothelioma compensated scheme funded by a levy on insurers. The scheme provides compensation to those suffering from diffuse mesothelioma who cannot trace an employer or former employer the liability insurer responsible for their exposure to asbestos.
Anyone who is unsuccessful in their application can request the decision be reconsidered. Tariff tables below provide more details about this process.
What is the DMPS?
In 2014 the Mesothelioma Act included a new scheme to pay for mesothelioma diffuse. The scheme fills in an insufficiency that previously meant that sufferers who were unable to locate their employer, or their insurer, could not claim compensation. The scheme was described as a "scheme of last recourse" at the time and the Forum was pleased with its launch.
It is an all-in lump sum payment to compensate patients diagnosed with diffuse mesothelioma and who cannot pursue a civil action through the courts. It is financed by an insurance levy that is levied on employers' liability insurance companies and is administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme uses 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 you are successful in your DMPS application you will receive the funds within six weeks of your claim being processed. Additionally, you will also receive a contribution towards legal costs of PS7,000. Your solicitor will help you fill out the DMPS application form and gather the required documents, like proof of unsuccessful attempts to trace your employer or their insurer through the Employer's Liability Tracing Office.
You can submit an DMPS request yourself, however you'll need a specialist lawyer who specializes in mesothelioma to guide you and make sure that the information you give is accurate. The lawyer will assist you in providing a detailed job history and explain the circumstances that led to asbestos exposure and how it affected your lifestyle.
It is essential that all information provided on the DMPS form is correct, as failure to complete the form correctly could result in your application being rejected. Candidates will receive an acknowledgement letter that confirms whether or not they've been successful in their claim, and any funds will be paid directly into your bank account. If you're unsuccessful, you may be in a position to appeal the decision.
Who is eligible for a DMPS payment?
The DMPS was a significant step forward for people suffering from mesothelioma at the time it was introduced, especially because it can take many years for asbestos-related illnesses to develop. The scheme fills in 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 ask if the DMPS will be enough to compensate those who are unable to pursue a civil lawsuit for asbestos exposure. It is important to note that the DMPS only provides compensation to mesothelioma sufferers and those who are financially dependent on them, not the Estate of a person who has died from the disease or those who were exposed to asbestos on a second basis, for example, wives who washed their husbands' work clothes, or who have environmental exposure or no idea who they worked for.
The scheme allows for three years from the date of diagnosis, compared to the three-year statute of limitation for civil claims. This puts some victims at an disadvantage because they don't have the chance to claim expenses such as immunotherapy, which has been proven to dramatically increase life expectancy in certain cases, but is not accessible on the NHS and could cost up to PS280,000.
In the end, the DMPS does not cover legal costs. However where filing a mesothelioma lawsuit payout allows these costs to be paid for civil lawsuits. This should be addressed as a matter of urgency if any victim is to make the best possible financial recovery for their asbestos related disease. A specialist solicitor can help achieve this by requesting a review of the Scheme Administrator's decision.
How do I submit an application to the DMPS?
You can include the name of another person in your DMP in the event that you have debts that are in your name or in joint names. The creditors of the other will still pursue them in the event that the debt isn't paid in full.
Some people have tried to use DMPS by sniffing it out or applying it on the skin (transdermal). This isn't an appropriate method of administration since DMPS is water-soluble. It is also oxygen reactive and will rapidly degrade. It can only administered intravenously or by mouth. [1414 DMPS must also be fat-soluble to be active in the lymphatic system.
What happens if my application is unsuccessful?
The Mesothelioma Act 2014 introduced the DMPS Compensation Scheme funded by insurers. It offers compensation to those suffering of mesothelioma with diffuse spread and their families who have been diagnosed with this incurable cancer as a result of exposure to asbestos in employment in the UK. It is a program that is paid for through a levy on insurance policies for employers' liability. The DMPS has been in operation since April 2014. It can pay out payments up to PS240,000 for each person.
To be eligible for a payment you must meet certain time limits. The date of first diagnosis of mesothelioma, and a three-year timeframe from the date of diagnosis are included. If you've been diagnosed with mesothelioma, and can find your former employer or their Employers Liability Insurance, it's worth applying as soon as it's possible.
If your application is denied If you are rejected, you can request a reconsideration by the Scheme Administrator. You can request a review by filling out a DMPS Request For Reconsideration Form. It is important to consult a lawyer throughout the process. They can help you complete the application on your behalf as well as assist you in gathering the required documents and offer assistance throughout the process.
If you're not satisfied with the result of the review, you may appeal to the First Tier Tribunal. This is part of the Tribunal Service. It is essential to seek legal advice as soon as you can in the event that you plan to appeal.
Immunotherapy, in conjunction with other new treatments are showing great promise for extending the lifespan of patients diagnosed with mesothelioma. These treatments are costly and are not accessible through the NHS. Some sufferers may choose to pursue a civil lawsuit to seek compensation to fund their treatment.
In February of 2015, DMPS tariff payments were increased to PS240,000 for mesothelioma patients diagnosed at or after the 10th of February 2015. The increase was announced in response to the decision in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time where the DMPS was examined as an appellate matter and provides useful guidelines as to its scope.