Back in February of 2015 we reported on the welcome decision reached by the government to award mesothelioma claimants 100% of the average mesothelioma compensation award under the Diffuse Mesothelioma Payments Scheme of 2014 (DMPS).
Since that time, we have attempted to recover mesothelioma compensation for a number of clients who have developed the incurable asbestos related cancer, under the scheme. However, on a number of occasions we have successfully traced employer’s liability insurance for the polluting employers which brings an end to any DMPS claim but opens the door to a formal legal, mesothelioma claim against the offending employer’s, traced insurers.
However, in late May of 2016 we were approached by a client who had sadly developed asbestos related mesothelioma after they suffered asbestos exposure, when working in the demolition industry.
Despite using our experience and knowhow in tracing employer’s liability coverage we were unfortunately unable to locate cover for the business which employed our client. It was thought that the business may well have traded as a partnership rather than as a limited company. Tracing insurance for partnerships and sole trader setups can be much more difficult than uncovering cover for companies in asbestos claims.
We assisted our client in preparing evidence in support of his DMPS claim which was submitted online to the scheme’s provider, Gallagher Bassett. They deal with the scheme on behalf of the Department for Work and Pensions.
Originally, the scheme only allowed for mesothelioma claimants to recover 80% of the average value of a mesothelioma compensation award under a listed, online tariff, based on the sufferer’s age.
However, the 2015 changes to the scheme now allow for 100% mesothelioma compensation recovery based on average awards made in successful mesothelioma claims.
Whilst claims can be pursued online by claimants directly, many mesothelioma sufferers request assistance from specialist asbestos disease solicitors in preparing the relevant package of documents to be submitted with the online, DMPS claim form. The package will include a detailed witness statement referring to the sufferer’s history of asbestos exposure along with records showing a lack of traced insurance for the employing companies; in addition to the person’s HMRC work history which acts as proof of employment in asbestos compensation claims.
The statement is particularly important in all mesothelioma claims and a claim under the DMPS is no exception. Awards under the scheme will not be made unless such witness evidence shows that there would have been a reasonable prospect of recovering mesothelioma compensation from the sufferer’s employer and/or their insurers, if traced.
In our recent case study example, we were able to secure over £175,000.00 in mesothelioma compensation for our client within 50 days of receiving instructions.
This shows that awards under the scheme are being made for considerable sums on an expedited basis and this should be welcomed.
We will continue to monitor the progress of DMPS claims and will keep you updated.
If you require advice on pursuing a Diffuse Mesothelioma Payments Scheme claim then 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.