The Diffuse Mesothelioma Payment Scheme Regulations 2014

In January 2014 the government passed legislation that established mesothelioma compensation schemes that are funded by an insurer tax. This scheme will pay compensation to patients with mesothelioma settlement payouts diffuse mesothelioma payment when they are unable to find a former employer or an insurer who is accountable for their asbestos exposure.

Applicants who are not satisfied with the decision can ask for a review. More information about this process is available in the tariff tables below.

What is the DMPS?

In 2014, the mesothelioma payment scheme Act included a new plan for the payment of best mesothelioma lawyer pay diffuse. The scheme fills in a gap which previously meant that patients 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 launch.

It is a lump-sum payment for patients with mesothelioma diffuse diagnosed but who are not able to pursue a civil action through the courts. The scheme is funded by an employer's liability insurance levy, and was managed by Gallagher Bassett until it was taken over in the year 2018 by TopMark Claims Management Limited. The DMPS scheme is a tariff system where the level of the lump sum depends on your age at the time you were diagnosed with mesothelioma.

If your DMPS claim is approved and accepted, you will be in receipt of your funds within six weeks after your claim is processed. You will also receive a contribution of PS7,000 towards your legal expenses. Your solicitor will help you complete the DMPS application form and gather the required documents, such as evidence of unsuccessful attempts to locate your employer or their insurer through the Employer's Liability Tracing Office.

Although it is possible to submit an DMPS application on your own, you will require a mesothelioma lawyer to guide you through the process and ensure that the information you provide is correct. The lawyer will assist in providing a complete work history and explaining the circumstances that led to asbestos exposure and how it impacted your life.

All information must be accurate on the DMPS application form. If not, your application may be refused. The applicants will receive a letter that will inform them if they're successful or not. The funds will be transferred directly to your bank account. If you're unsuccessful, you may be in a position to appeal the decision.

Who is eligible to receive a DMPS payment?

At the time of its introduction the DMPS was a major step forward for mesothelioma patients particularly since it's often too late to pursue a civil claim due to how long the asbestos related illness develops. The scheme fills in a gap that previously allowed asbestos sufferers to claim compensation from their former employers and insurance companies.

However, four years on it is time to consider whether the DMPS is sufficient and if more needs to be done to ensure that those who can't pursue a civil lawsuit can still receive the compensation they deserve for their exposure to asbestos. It must also be noted that the DMPS only pays mesothelioma victims and those who are financially dependent on them, not the Estate of someone who has passed away from the disease or those who were exposed to asbestos on a secondary basis, like wives who cleaned their husbands' work clothes or those who were exposed to asbestos in the environment or have do not know who they worked for.

The scheme also only permits three years to pass from the date of diagnosis, compared to the three-year statute of limitation for civil claims. This leaves some victims in a disadvantage since they are unable to claim compensation for expenses like immunotherapy treatments, which can be costly and cost up to PS280,000.

There is also no provision for legal fees to be paid by those who are pursuing an DMPS application whereas there is a separate plan which allows for this cost to be covered in civil cases. If asbestos-related diseases are to be treated as efficiently as possible, this issue should be addressed immediately. A specialist solicitor can assist achieve this by requesting a review of the Scheme Administrator's decision.

How do I make an application to the DMPS?

You can include the name of someone else in your DMP when you have debts that are in your name or in joint names. The creditors of the other person are still pursuing them if the debt is not paid in the full amount.

Some people have tried using DMPS by sniffing it or applying it on the skin (transdermal). However, this is not a suitable method of administration because DMPS is water-soluble. It is also highly reactive to oxygen and is likely to degrade quickly. It can only be administered either by mouth or intravenously. [14] 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 which is a compensation scheme funded by insurers. It offers compensation to those suffering of mesothelioma with diffuse spread and their dependents who have been diagnosed with this incurable cancer as a result of exposure to asbestos in 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 pay out payments of upto PS240,000 for each person.

To apply for a payment you must follow certain deadlines. The date of the first diagnosis of mesothelioma and a deadline of three years from that date are included. If you have been diagnosed with mesothelioma and can find your former employer's liable or their Employers' Liability insurance it is advisable to apply as soon as you can.

If your application is rejected You can request a reconsideration by the Scheme Administrator. This can be done by filling out an DMPS Request for Reconsideration form. It is crucial to consult an attorney throughout the process. They will be able to complete the application on your behalf, Diffuse Mesothelioma Payment assist with gathering relevant documents and support you at all stages.

If you are not 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 possible should you decide to appeal.

Immunotherapy, in conjunction with other treatments that are new, is showing great potential for extending the life expectancy of those diagnosed with mesothelioma. However the treatments are extremely expensive and are not available on the NHS. As a result, some sufferers will choose to file a civil suit for compensation in order to pay for their treatment and recover the cost.

In February 2015 in February 2015, the DMPS tariff payment was raised to PS240,000 for individuals who have been diagnosed with mesothelioma trust payouts after February 10, diffuse mesothelioma payment 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 that the DMPS is considered in appellate court and provides useful guidelines regarding its scope.