The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to establish mesothelioma compensation schemes that are which is funded by an insurer levy. This scheme will pay compensation to those suffering from diffuse mesothelioma, who are unable to find a former employer or an insurance company, that is responsible for their asbestos exposure.
Applicants who are not satisfied with the decision can request a re-examination. More details about this procedure is available in the tariff tables below.
What is the DMPS?
In 2014, the Mesothelioma Act included a new scheme for payment of mesothelioma that is diffuse. The scheme fills in the gap that had previously meant that sufferers who were unable to trace their employer, or their employer's insurer could not claim compensation. The scheme was described as an "scheme of last recourse" at the time and the Forum welcomed it's introduction.
It is an all-in lump sum payment to compensate patients diagnosed with diffuse mesothelioma who are unable to pursue a civil action through the courts. The scheme is funded through an employer's liability insurance tax 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 sum is determined by your age at the time that you were diagnosed with mesothelioma.
If your DMPS claim is approved and you are in receipt of your funds within six weeks after your claim is processed. Additionally, you will be eligible for a contribution to legal expenses of PS7,000. Your solicitor will help you complete the DMPS application form and collect the required supporting documents such as evidence of unsuccessful attempts to trace your employer or their insurer through the Employer's Liability Tracing Office.
You can make a DMPS request yourself, but you'll need a specialist lawyer with expertise in mesothelioma. They will guide you and ensure that all the information you provide is accurate. The lawyer will assist you in providing a thorough job history and explain the circumstances that caused asbestos exposure and how it affected your life.
It is crucial that all information on the DMPS form is correct and complete, as failing to complete the form correctly could result in your application being rejected. Candidates will receive a letter confirming whether or not they have been successful in their claim, and any funds will be paid directly into your bank account. If you do not receive a positive decision, you can appeal the decision.
Who is eligible to receive a DMPS Payment?
At the time of its launch, the DMPS was an enormous step forwards for mesothelioma patients, particularly as it is usually too late to file an action in civil court due to the length of time that an asbestos-related illness takes to develop. The DMPS fills in an opportunity that had previously allowed asbestos victims to claim compensation from their former employers and insurers.
However, four years on it is time to consider whether the DMPS is adequate and if more needs to be taken to ensure that those who cannot pursue a civil lawsuit can still obtain the compensation they deserve for their exposure to asbestos. It is important to note that the DMPS only provides compensation to mesothelioma sufferers and those financially dependent on them, not the estate of someone who has passed away from the disease or who were exposed to asbestos on a secondary basis, such as wives who cleaned their husbands' clothes for work or those who were exposed to asbestos in the environment or have do not know who they were working for.
In addition, the scheme only permits three years from diagnosis before it is allowed to apply, not the three years that are the statute of limitation in civil lawsuits. This puts some victims at a disadvantage as it means they are not given the opportunity to claim costs like the treatment of immunotherapy that has been shown to significantly increase life expectancy in certain cases, but isn't available on the NHS and could cost up to PS280,000.
In the end, the DMPS does not cover legal fees. However another scheme allows these costs to be covered for civil lawsuits. If asbestos-related illnesses are to be treated as efficiently as possible, this issue must be addressed as soon as possible. This can be accomplished through the use of an expert solicitor who will submit a claim to the SSCS6a to request review (or mandatory reconsideration) of any decision by the Scheme Administrator.
How do I make an application to the DMPS?
If you have debts in your name or joint names with someone else you may include the name of the other person in your DMP. The creditors of the other can still pursue them when the debt isn't paid in the full amount.
Some people have tried using DMPS by sniffing it out or applying it on the skin (transdermal). This is not a great method of administration as DMPS is water-soluble. Additionally it is oxygen reactive and will degrade quickly. It is only administered intravenously or by mouth. [14] DMPS must also be fat-soluble in order to be effective in the lymphatic system.
What happens if I'm not successful?
The Mesothelioma Act 2014 introduced the DMPS Compensation Scheme funded by insurers. mesothelioma settlements 2023 It provides compensation to people diagnosed with mesothelioma diffuse, and their dependents, who were exposed to asbestos while working in the UK. The scheme is funded by a levy placed on employers insurance policies for liability. The DMPS is in effect since April 2014. It can award payments of up to PS240,000 per each person.
To apply for a payment, you must adhere to certain time limits. This includes the date of first diagnosis of mesothelioma as well as a deadline of three years from the date of diagnosis. If you've been diagnosed with mesothelioma, and you can locate your former employer or their Employers Liability Insurance, you should consider applying as soon as you can.
If your application is rejected, you may request a review from the Scheme Administrator. This can be 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 the required documents, and help you at all stages.
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. It is essential to seek legal advice as soon as you can if you intend to appeal.
Immunotherapy, as well as other treatments that are new are showing great potential to extend the lifespan of patients diagnosed with mesothelioma. These treatments are costly and are not accessible through the NHS. Therefore some patients will decide to pursue a civil claim for compensation to pay for their treatment and to recover costs.
In February 2015 in February 2015, the DMPS tariff payment was increased to PS240,000 for those who were diagnosed with mesothelioma after 10 February 2015. The increase was as a an outcome of the ruling in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first time that the DMPS is being examined at appellate level and provides useful guidance as to its scope.