The much needed Diffuse Mesothelioma Payments Scheme (DMPS) was introduced in England and Wales back in April of 2014. This scheme allows mesothelioma suffers and their dependents to claim for higher sums of mesothelioma compensation, compared to earlier governmental schemes. Applications can be made where no insurance can be located for the sufferer’s employer who was responsible for their asbestos exposure.
Since the Scheme was introduced we have succeeded in recovering substantial sums of compensation for many clients under the scheme.
On one occasion, our client’s application under the scheme was rejected as his employer’s name did not appear on his HMRC work history. However, there is the right of appeal under the regulations which govern the scheme. We were convinced that a wrong decision had been made and appealed the decision to the higher tribunal who overturned their own decision, resulting in us recovering a figure in excess £140,000.00 for our terminally ill client.
Recent Success
We have recently succeeded in a further Diffuse Mesothelioma Payments Scheme claim for Mr T who developed mesothelioma following his exposure to asbestos as a young man, working for his father’s company, Taylors Ironmongers Driffield Limited of Exchange Street, Driffied, East Yorkshire.
There is still the requirement under the scheme to prove the case had reasonable prospects of succeeding against the employer and evidence we obtained in support of the DMPS claim confirmed that Mr T had been exposed to asbestos lagging when working in a local school’s boiler room for the company. Whilst he was only present for a matter of weeks, he breathed in harmful amounts of asbestos dust and developed the asbestos-related cancer over 50 years later. Mesothelioma can develop in later life after breathing in one asbestos fibre and there is no known safe level of asbestos dust exposure.
Fast Payment of Mesothelioma Compensation
We have been impressed with the new scheme administrator’s professionalism and speed in dealing with our clients’ applications under the Diffuse Mesothelioma Payments Scheme. We have been finding that after our client’s witness statement, HMRC work history, proof of diagnosis and negative employer’s liability insurance search results have been forwarded to them, the applications are regularly being approved within a matter of a few weeks. We say, long may this continue.
Our costs in representing our clients under the scheme are paid by the provider as part of the DMPS award and our clients receive the full amount of compensation awarded.
Valuable Scheme of Last Resort
Whilst there is no doubt that the DMPS can be complimented for more adequately compensating sufferers and their loved ones affected by mesothelioma, we feel that the Scheme should be extended to cover other conditions, including asbestos-related lung cancer or those who have developed mesothelioma as a result of so-called “secondary exposure” in the environment or from a family member’s contaminated work clothing. At present it is limited to those who were exposed to asbestos at work.
Warning to the unwary
It is important for those looking to apply under the Diffuse Mesothelioma Payments Scheme to be aware that it is not considered a good idea to apply for monetary state benefits before an application under the Scheme has been assessed. This is because such benefits would be deducted from any recovered compensation figure under the scheme, leaving the sufferer and their loved ones out of pocket. Applications for such benefits can be filed with the benefit agencies after the DMPS award of compensation has been made. We are happy to advise and assist with all the relevant applications.
If you require assistance in pursuing a claim under the Diffuse Mesothelioma Payments Scheme please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.
Article prepared by James Cameron, Specialist Asbestos Disease Solicitor & Associate Director at Asbestos Justice (Oliver & Co Solicitors).