The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014 the government enacted legislation establishing a mesothelioma compensatory scheme, which is funded by a levie on insurers. This scheme will pay compensation to patients with mesothelioma diffuse when they are unable to find a former employer or an insurer who is responsible for their asbestos exposure.
Applicants who aren't happy with the decision may request a re-examination. More details about this procedure can be found in the tariff tables below.
What is the DMPS (Digital Media Payment System)?
In 2014, the Mesothelioma Act included a new scheme for payment of mesothelioma diffuse. The scheme is a solution to an insufficiency that previously meant that sufferers who could not trace their employer or their insurer's employer, were unable to claim compensation. The scheme was described as an "scheme of last recourse" at the time and the Forum applauded its introduction.
It is an all-in lump sum payment to compensate people diagnosed with mesothelioma diffuse who cannot take a civil action through the courts. The scheme is financed by an employer's liability insurance tax and was administered by Gallagher Bassett until it was taken over in 2018 by TopMark Claims Management Limited. The DMPS scheme operates on the tariff system, in which the amount of the lump amount is determined by your age at the time you were diagnosed with mesothelioma.
If you are successful in your DMPS application, you will receive funds within six weeks of your claim being processed. In addition, you will receive a payment of PS7,000 towards your legal expenses. Your solicitor will assist you in filling out the DMPS form and obtaining the necessary documents, including evidence of unsuccessful attempts to locate your insurer or employer through the Employer's Liability Tracing Office.
You can submit an DMPS request yourself, however you'll need a lawyer with expertise in mesothelioma. They will guide you and ensure that all the information you provide is true. 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.
It is crucial that all information provided on the DMPS form is accurate in order to avoid any mistakes. Failure to complete the form correctly could result in your application being refused. Applicants will be sent 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 in your claim, you may be in a position to appeal the decision.
Who is eligible for a DMPS Payment?
At the time of its inception, the DMPS was a major step forward for mesothelioma patients particularly since it's often too late to pursue a civil lawsuit due to the length of time that an asbestos-related illness develops. The scheme fills an opportunity that had previously allowed asbestos patients to receive compensation from their former employers and insurers.
However, four years on it is necessary to ask whether the DMPS is adequate and if more needs to be done to ensure that those who can't pursue a civil lawsuit can still receive the compensation they are due for their exposure to asbestos. The DMPS does not pay out to people who died from mesothelioma or to those who were exposed at a second level, such as those who washed the work clothes of their spouses or to those who were exposed through exposure to the environment.
The scheme also only permits three years to pass from the date of diagnosis, compared to the three-year limitation period for civil claims. This leaves some victims at a disadvantage as it means they are not given the opportunity to claim for costs such as treatment with immunotherapy which has been proven to significantly increase life expectancy in certain cases, but isn't accessible on the NHS and can cost up to PS280,000.
The final word is that the DMPS does not cover legal costs. However an alternative program allows these costs to be paid for civil claims. This must be addressed as a matter of urgency if a victim wants to achieve the highest possible financial recovery from their asbestos-related disease. A specialist solicitor can assist to achieve this goal by requesting a review of the Scheme Administrator's decision.
How do I submit an application to the DMPS?
If you have debts in your name, or joint names with someone else, you can include the other person's name in your DMP. However, the other person's creditors will continue to pursue them for the debt, unless it is completely paid off by a single individual.
Some people have tried using DMPS by sniffing it out or applying it to the skin (transdermal). This is not a good method of administration since DMPS is water-soluble. Additionally, it is oxygen reactive and will degrade quickly. It can only administered either by mouth or intravenously. [14] DMPS must be fat-soluble to be active in lymphatic system.
What happens if I am not successful?
The DMPS is an insurance-backed compensation scheme which was introduced by the Mesothelioma Act 2014. It offers compensation to those suffering 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. It is a program that is paid for through a levy on the insurance policies of employers' liability. The DMPS has been in operation since April 2014. It is able to award payments of upto PS240,000 for each person.
There are specific time frames that must be adhered to to make an application for an amount. This includes the date of the first diagnosis of mesothelioma as well as a deadline of three years from that point. If you've been diagnosed with mesothelioma and can find your former employer or their Employers Liability Insurance, you should consider applying as soon as you can.
If your application is unsuccessful, you can ask the Scheme Administrator for a review of the decision. This is done by filling out an DMPS Request for Reconsideration form. It is essential to speak with a lawyer throughout the process. They will be able to complete the application on your behalf, assist with gathering relevant documents and support you at every step.
If you are not happy with the outcome of the review, you can appeal to the First Tier Tribunal which is part of the Tribunal Service. It is important that you seek legal advice as soon as you can should you decide to appeal.
Immunotherapy and other new treatments are proving to be very effective in extending life expectancy for patients mesothelioma. The treatments are expensive and are not available through the NHS. As a result some patients will decide to file a civil lawsuit for compensation to fund their treatment and to recover costs.
In average payout for mesothelioma , DMPS tariff payments were increased to PS240,000 for those diagnosed with mesothelioma after or on 10 February 2015. The increase was made 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 considered at an appellate level, and provides some useful guidelines as to its scope.