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The Diffuse Mesothelioma Payment Scheme
The DMPS is a government lead scheme that provides compensation to those suffering from diffuse mesothelioma. If a civil claim for mesothelioma is unsuccessful against an employer as the company is no longer operating and their insurers cannot be traced then substantial payments are possible under the DMPS.
However the DMPS has huge gaps that means that many sufferers don't get out. I've helped clients who fall within those gaps, and it's unfair.
What is the DMPS?
The DMPS is available to mesothelioma patients who have been diagnosed with mesothelioma diffuse but are not eligible for civil compensation. The scheme allows for an upfront lump sum of up to PS216.896 dependent on the patient's age at the time of diagnosis.
The DMPS only is available to those who have been diagnosed with mesothelioma caused by their own occupational asbestos exposure and are unable to find their former employer, or the insurers of their employers. It is not available to those who suffered mesothelioma as a result of other exposures, or who are unable to make an application without financial support.
This is a grave injustice and a difficult situation for victims of mesothelioma. It is also difficult for some victims to reconcile that they will not receive any compensation at all, while others who might have received substantial compensation via the civil process will have their money taken and deposited into DMPS.
Asbestos sufferers should be offered compensation that takes into account their particular circumstances, but not at the cost of other mesothelioma patients. Furthermore, the DMPS does not consider any medical expenses like chemotherapy or immunotherapy that could have been necessary to ease symptoms and improve life expectancy.
It is also worth noting that mesothelioma patients' ability to claim social security benefits and/or compensation from their DWP employer will be taken into account by the DMPS administrator. This is a conflict of interest that should be stopped.
Finally, if mesothelioma sufferers pass away before making an DMPS application the right to do so is transferred to their heirs. This is different from the way in which mesothelioma lawsuits are handled in civil court where if the deceased person dies before their three year statute of limitation expires and their estate is able to pursue a compensation claim. It is not clear the reason DMPS was established in this manner. There are a lot of questions to be asked regarding this issue. This is an area in which I will continue fight for change.
How do I submit a claim?
To be eligible for a payment under the DMPS, you must have been exposed to asbestos at some time. This could have occurred at your home or workplace. Asbestos was extensively used before it was banned and this meant that workers in many different industries were exposed to deadly fibres. Tradesmen, construction workers, electricians, plumbers and carpenters, as well factory workers were all at risk. People who lived close to asbestos factories also were at risk because the dust would drift onto their clothing and home.
The DMPS was introduced in 2008 to fill in a gap which had been created by the Pneumoconiosis Act 1979. The scheme allowed people with mesothelioma with diffuse spread, who were unable to pursue a compensation claim in court, to receive an unspecified lump-sum amount. If a person dies before they could make an application, their family members can now apply.
The amount you will receive will be based on your age when you were diagnosed with mesothelioma. The amount will increase with age, reflecting the impact the disease has had on your life. If you have dependants, they can also apply for inclusion on your DMPS award and this will allow you to pay for their care needs.
It is important to remember that you are able to make a civil claim for compensation while you make a request for an amount through the DMPS. This will ensure that you receive the maximum amount of compensation.
Another benefit of making an DMPS claim is that you will be given PS7,000 towards legal fees. This will cover the cost of making your claim. It will be paid directly to your bank account.
The main issue with DMPS is that it only pays out an amount of money and it does not include any specific component for the cost of any medical treatment you might require. Immunotherapy, for instance, has been proven to be effective in certain cases. However it is only possible to get it when you file an appeal for compensation in civil court with the insurance company of your former employer.
How long can I file a claim before it is too late?
Each year, about 300 patients who have been diagnosed with mesothelioma diffuse are unable to claim compensation. This is due to the fact that their employer might no longer be in business or their insurance companies have gone out of business. The DMPS was designed to ensure that those affected get the compensation they were entitled to.
The law's introduction was greeted with enthusiasm because it closed a loophole in the law that was in place for many years and meant people who did not know their employer's name or insurer could not claim compensation.
As it stands, if you have been diagnosed with mesothelioma during the last five years you could be eligible for the DMPS lump sum payment of up to PS90,000. (before deductions). If you or one of your family members has passed away as a result of mesothelioma, you could be entitled to a Special Payment of between PS74,000 and 200,000 dependent on the age at which you were at the time of your diagnosis.
Your family or you may also be eligible for additional benefits, like Industrial Injuries Disablement Allowance and Disability Living Allowance. This could help to cover the costs of living and travel expenses, as well as equipment such as oxygen tanks.
You should be aware of the shortest time left to file your claim if you're applying for DMPS. You should submit your application as quickly as possible. where mesothelioma lawsuit payout can contact an attorney that specializes in mesothelioma, to assist you with your DMPS claim.
If you're claiming on behalf of a deceased relative suffering from mesothelioma, you have three years from the date of their death to file a claim. This is the statutory deadline for mesothelioma lawsuits in England and Wales. You can still claim if you have a mesothelioma attorney to your side. The lawyer will make sure that all the appropriate evidence is presented to maximise your chance of receiving a successful DMPS claim.
What happens if I don't make a claim?
Asbestos compensation lawyers are required by people who have been diagnosed with mesothelioma. However, it is essential that a claim is made within the three-year timeframe that is stipulated by law. This will ensure that a lawyer is able to start gathering evidence and compiling a robust mesothelioma claim.
The signs of mesothelioma are not evident for a long time after asbestos exposure. Unfortunately, by the time someone is diagnosed with mesothelioma their health has often deteriorated so much that they have only months to live.
The Diffuse Mesothelioma Compensation Scheme established in 2014. It was a way to close a loophole which prevented mesothelioma patients who could not locate their employer, or insurers of employers liability from receiving the compensation they were entitled to. The scheme is financed by a tax on insurance companies.
However the DMPS only compensates mesothelioma sufferers who worked in the UK and suffered direct exposure to asbestos at work. For instance, a client of mine was diagnosed with mesothelioma after exposure to the washing of her father's asbestos contaminated work clothes at his factory in Higham, Kent. She was unable to pursue a mesothelioma case against the former employer of her father, British Uralite. She received only PS18,675 for the result. The amount did not cover the legal costs. This is a travesty. Immunotherapy treatments are showing tremendous promise for mesothelioma sufferers, and it's essential that those eligible to receive treatment receive the funds they require.
Homepage: https://www.mesotheliomapayout.top/
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