The Diffuse Mesothelioma Payment Scheme Regulations 2014

In January 2014, the government passed legislation to establish mesothelioma compensation schemes that are that is funded by an insurance tax. The scheme provides compensation to people with best mesothelioma lawyer pay diffuse who are unable to identify the former employer or employers' liability insurer that was responsible for their exposure to asbestos.

Applicants who are not satisfied with the decision can request a review. Tables below on tariffs provide more details about this procedure.

What is the DMPS (Digital Media Payment System)?

In 2014, the Mesothelioma Act included a new plan for the payment of mesothelioma diffuse. This scheme fills a gap that previously prevented those who couldn't find their employer or their insurer from making claims for compensation. The scheme was described as a "scheme of last recourse" at the time, and the Forum applauded its launch.

It is a lump sum payment for those with diffuse mesothelioma settlement payments diagnosed, who are unable to take a civil case to the courts. The scheme is financed by an insurance company's liability levy and was administered by Gallagher Bassett until it was taken over in the year 2018 by TopMark Claims Management Limited. The DMPS scheme operates a tariff system where the amount of the lump sum is based on the age at which you were diagnosed with mesothelioma.

If you're successful in your DMPS application and you are successful, you will receive your funds within six weeks after your claim has been processed. In addition, you'll also receive a portion of legal costs of PS7,000. Your solicitor will assist you in filling out the DMPS form and obtaining the necessary supporting documents, like proof of unsuccessful attempts to find your employer or insurer via the Employer's Liability Tracing Office.

Although it is possible to make an DMPS application on your own, you will need a specialist mesothelioma lawyer to guide you through the process and make sure that all of the information you submit is accurate. The solicitor will assist you in providing a thorough work history and Mesothelioma Payment Scheme explaining the circumstances that caused asbestos exposure and how it affected your lifestyle.

All information must be accurate on the DMPS application form. If the information is not correct, your application will be denied. The applicants will receive a letter informing them whether they are successful or not. Any funds received will be transferred directly to your bank account. If you don't receive a positive decision, you can appeal the decision.

Who is eligible to receive an DMPS payment?

The DMPS was a major step forward for people suffering from mesothelioma at time when it was launched, particularly because it takes many years for asbestos-related illnesses to develop. The scheme fills a gap which had previously allowed people who were unable to locate their former employers or their insurers to seek compensation for exposure to asbestos and Mesothelioma Payment Scheme has been well-received by mesothelioma sufferers and their families.

Four years later, it is time to consider whether the DMPS will be sufficient to pay those who are not able to bring a civil action for asbestos exposure. The DMPS doesn't pay to those who have died from mesothelioma, or to those who were exposed on a secondary basis, such as those who washed the work clothes of their spouses or to those who were exposed through exposure to asbestos from the environment.

The scheme permits three years to pass from the date of diagnosis, unlike the three-year statute of limitations for civil claims. This puts some victims at an disadvantage because they don't have the opportunity to claim costs such as treatment with immunotherapy which has been shown to significantly improve life expectancy in some instances, but is not accessible on the NHS and can cost up to PS280,000.

There is also no provision for legal costs that must be paid by those pursuing a DMPS application. However, there is a separate scheme which allows for this cost to be covered in civil lawsuits. This should be addressed as a matter urgent importance if a victim wishes seeking the most effective financial recovery for their asbestos related disease. This can be achieved by the use of an expert solicitor who can apply to the SSCS6a to request an examination (or mandatory reconsideration) of any decision made by the Scheme Administrator.

How do I submit an application to the DMPS?

If you have debts in your name, or joint names with another you may include the other person's name in your DMP. However, the other's creditors will continue to pursue them for the debt unless it is paid in full by a single individual.

Some people have tried using DMPS transdermally (by applying it on the skin) or by sniffing. But, this isn't the most effective method of administration as DMPS is water-soluble. Furthermore, it is a reactive oxygen and could rapidly degrade. It is only available by mouth or intravenously. [14] DMPS must also be fat-soluble for it to be effective in the lymphatic system.

What happens in the event that my application is rejected?

The DMPS is an insurance-backed compensation scheme which was introduced by the Mesothelioma Act 2014. It makes payments to sufferers of mesothelioma with diffuse mesothelioma payments spread and their families who have been diagnosed with this incurable cancer because of exposure to asbestos during work in the UK. The scheme is funded through a levy placed on employers and liability policies. The DMPS has been in operation since April of 2014 and is able to award payments of up to PS240,000 per individual.

To apply for a payment you must follow certain deadlines. The date of first diagnosis of mesothelioma settlement payouts, and a deadline of three years from that date are included. If you've been diagnosed with mesothelioma, and you are able to find your former employer's liable or their Employers' Liability insurance then you should apply as soon as you can.

If your application is unsuccessful If you are unsuccessful, you can ask the Scheme Administrator for an appeal of the decision. This can be done by completing 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, assist you in gathering the required documents, and help you at every step.

If you are not happy with the outcome of the review, you can appeal at the First Tier Tribunal. This is part of the Tribunal Service. If you are planning to appeal, it is essential to seek legal advice as soon as you have the possible time.

Immunotherapy and other new treatments are showing great promise in extending the life expectancy of patients diagnosed with mesothelioma. However, these treatments are currently extremely expensive and are not available on the NHS. As a result, some sufferers will choose to pursue a civil claim for compensation in order to fund their treatment and recover costs.

In February 2015 the DMPS tariff payment was increased to PS240,000 for those who have been diagnosed with mesothelioma on or after 10 February 2015. The increase was in response to the ruling in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time the DMPS has been considered on appeal and provides some helpful guidelines on its scope.