Mesothelioma Compensation and PIP
Compensation for mesothelioma can help patients family members and other patients pay for medical costs and other expenses. Compensation can offer financial security in the event that a patient dies.
A reputable mesothelioma lawyer has large databases of asbestos-producing companies and can locate the responsible companies based on evidence like work history, diagnosis, and exposure sites. Compensation can be obtained through trust funds, lawsuits or settlements.
Diffuse Mesothelioma Payment Scheme (DMPS)
DMPS is a program that compensates sufferers of diffuse mesothelioma. It is designed to compensate people who were exposed to asbestos in the workplace in a negligent manner or in violation of the statutory obligations, and who are not able to assert a claim against the employer or their Employers Liability insurance.
Those diagnosed with the asbestos-related disease are able to apply for a lump sum payment, depending on their age when they were diagnosed. The current DMPS scheme was launched on July 25, 2012 and administered by Gallagher Bassett, but as beginning on April 1, 2018, it will be administrated by TopMark Claims Management Ltd.
The DMPS scheme provides benefits to anyone who receives Industrial Injuries Disablement benefit or is the dependent of a person who has passed away due to asbestos-related condition. This includes those who aren't eligible for a payment of mesothelioma under the Pneumoconiosis Act of 2008 or the Diffuse Mesothelioma Scheme. If you are the dependent of a deceased mesothelioma patient, you must submit your application within 12 months after the date of death.
There are some exceptions to the eligibility criteria for DMPS. There are a variety of exceptions to the DMPS eligibility criteria. This includes those who were exposed to asbestos in a second way, for example, when wives washed their husbands' clothing at work, or by environmental exposure. The DMPS scheme will compensate them however it is essential to first consult an attorney for mesothelioma to determine whether they are able to file a civil lawsuit against their former employers and/or their insurance companies.
DMPS will deduct from your compensation any other state benefits that you receive. However, any money paid through DMPS will be added to the total amount you receive in a civil case. This is because a mesothelioma attorney can assist you in obtaining the most compensation you can in your case. The DMPS website suggests that you apply for a DMPS payment yourself, but it is recommended to apply with the help of a mesothelioma lawyer who is specialized.
Industrial Injuries Disability Benefit (IIDB).
This is a weekly allowance paid for people who are disabled as a result of an accident at work or certain diseases linked to their work (but not self-employment). IIDB is an "no fault" scheme, which means that claimants don't have to prove their negligence in the court. Instead, the Department for Work and Pensions will assess claims to determine if they qualify.
Depending on the level of your disability, you could be paid for the rest of your life or for a predetermined period. A doctor will assess the proportion of your disability and will take only into account the degree to the extent that it is caused by an injury or illness at work. A pre-existing condition won't be taken into account, but a doctor can review your situation if it becomes more severe.
IIDB is a non-means-tested and tax-free benefit. It can be paid in addition to other related benefits for incapacity, such as Attendance Allowance and Exceptionally Severe Disablement Allowance. It is also possible to top up the lump sum amount which was paid as compensation for an injury or illness such as mesothelioma.
If you've been diagnosed with mesothelioma or an asbestos-related disease and are wondering whether you're eligible to receive benefits, you should contact the Welfare Rights team of your local Citizens Advice bureau. It is essential to seek specialist welfare rights advice if you are thinking about filing a claim as many people find the process to be complicated. The AdviceLocal postcode finder can help you find a local welfare rights adviser.
Claimants and their agents need to be aware of scammers who attempt to get people to divulge personal information via text messages or email. The government will never request your personal information via email or text messages.
Diffuse Mesothelioma Lump Sum Payment (DMLP)
The Diffuse Mesothelioma Compensation Scheme (DMPS), is a compensation program that offers lump sums of money to those with diffuse mesothelioma. It was established in 2014 to replace an earlier scheme that was set up in 2008
The DMPS is financed by a levy that is paid annually by insurers to cover employers' liability insurance. The system is demand-driven, and the levy will be adjusted each year to reflect any changes in the number of applicants. The tax is collected by Tracing Services Ltd and distributed to successful claimants.
A type of asbestos-related cancer that affects the lungs is diffuse mesothelioma. It is a terminal disease and often incurs a poor prognosis. The DMPS scheme is designed to aid those who are diagnosed with this asbestos-related cancer as quickly as is possible. It also provides financial support to the family of mesothelioma patients who have passed away.
Under the DMPS individuals who have been exposed to asbestos at work will be paid a lump sum. The lump sum can be used to pay for living expenses as well as to help pay for treatments like chemotherapy and surgeries. The DMPS lump-sum amount is determined by the age of a person diagnosed with mesothelioma. The amount varies from PS94.750 for those who are younger than 37 years old, to PS14.722 for those who are over 77.
When compensation due to mesothelioma was first introduced in 2004, the DMPS was welcomed by mesothelioma sufferers as a method to fill a gap in compensation. But, four years later, it must be asked whether it has done enough to ensure that people who have been diagnosed with this asbestos-related cancer get the compensation that they are entitled to.
This is especially relevant to other asbestos-related illnesses such as lung cancer. The patients of these diseases who know the location of their asbestos exposure, but the employer has ceased to exist and whose insurance companies are unable to be found they are not able to file a civil compensation case.
This isn't fair and something needs to be done to change this. I recently consulted with a mesothelioma patient who was aware that she had been exposed to asbestos in Higham, Kent at British Uralite. Her father was a worker for the company, and returning home in soiled work clothes. She was able to apply for an DMPS payment of PS18,675. However, she isn't eligible for additional compensation from her estate.
Personal Independence Payment (PIP)
If you're suffering from mesothelioma or any other asbestos-related illness, you could be eligible for a PIP payment. This scheme is designed to help you pay for the additional costs of living with a chronic illness or disability. It also assists those who require care on a daily basis to be able to live independently. This is a non-means-tested benefit that is provided to people who are aged 16 or older. The amount you receive is determined by the assessment you make that takes into account the severity of your illness as well as your requirements. You can find more information about PIP and how to apply on the DWP website. If you're unsure the best way to fill out your application, seek help from an area Citizens Advice group or an MS benefits advisor.
The first step in applying for PIP is to send your application to DWP with your medical proof and two proofs of identity (a passport, UK driving licence, council tax bill or a housing association tenancy agreement). You will be invited to attend an PIP Assessment. The assessment can last up to an hour, and could be completed at home or in a centre. It's a good idea to bring a friend or family member to provide moral support, and it's a good idea to bring your PIP claim form along with medical evidence and DWP's "How your disability affects your life" questionnaire.
At the PIP assessment, a non-biased healthcare professional will ask you questions about how your health condition affects you and how much care and assistance you need to complete certain tasks. You will be given two tests, one on the daily living and another on mobility. You will be awarded points for each test. You must score at least four points to be eligible for the PIP.
If you're not satisfied with the outcome of your PIP assessment, you can ask for an automatic reconsideration by sending an email to the DWP. This is the first step you should do before you can appeal. It is essential to seek advice before challenging your PIP assessment, since the outcome may be uncertain.