Mesothelioma Compensation and PIP
Compensation for mesothelioma may help patients, their families and others pay for medical expenses and other expenses. Compensation also offers financial security in the case of a patient's death.
A mesothelioma lawyer with experience has extensive databases of asbestos-producing companies. They can locate the responsible companies based on evidence like work history, diagnosis, and exposure sites. Compensation may come from trust funds, lawsuits or settlements.
Diffuse Mesothelioma Payment Scheme (DMPS)
DMPS is a compensation scheme for patients with diffuse mesothelioma. It was designed to compensate people who were exposed to asbestos while at work, either negligently, or in violation of statutory obligations, and who are not able to make a claim against their employer or their Employers Liability insurance.
The age of the person diagnosed with asbestos-related disease will determine if they are eligible for a lump-sum payout. The current DMPS was introduced on 25 July 2012. It is administered by Gallagher Bassett. However, from April 1st, 2018, TopMark Claims Management Ltd will be the administrator of the scheme.
The DMPS scheme pays those who are eligible for the Industrial Injuries Disablement benefit, or is the dependent of a person who died due to an asbestos-related condition. This is also the case for those who aren't eligible for a payout of mesothelioma as outlined in the Pneumoconiosis Act of 2008 or the Diffuse Mesothelioma Scheme. If you are a dependent of a mesothelioma sufferer who has passed away, you must make your application within 12 months of their death.
There are some exceptions to the eligibility criteria for DMPS. There are a number of exemptions to the eligibility requirements for DMPS. This includes those who were exposed to asbestos in a second manner, such as when wives washed their husbands' clothing at work, or exposure to environmental factors. The DMPS scheme will compensate them however it is crucial to first speak with a mesothelioma solicitor to see whether they can file a civil lawsuit against their former employers and/or their insurers.
DMPS will subtract from your compensation any other state benefits you are entitled to. compensation due to mesothelioma will be added to the civil case compensation. This is because a mesothelioma lawyer can assist you in obtaining the maximum amount of compensation in your case. The DMPS website suggests that you can apply for a DMPS payment on your own, however it is recommended that you apply with the help of a specialist mesothelioma attorney.
Industrial Injuries Disablement Benefit (IIDB)
This is a weekly allowance paid to those who are disabled because of an accident at work or certain diseases linked to their work (but not self-employment). IIDB is a no fault scheme, meaning that those who claim do not have to prove negligence through the courts. Instead the Department for Work and Pensions will assess claims to determine whether they are eligible.
Depending on the severity of your disability, you could be compensated for the rest of your life or for a set time. A doctor will determine the extent of your disability, and will consider only the degree to which it is caused by the work-related illness or injury. A pre-existing condition won't be considered, but a doctor can assess your situation in the event that it gets worse.
IIDB is a not-means-tested and tax free benefit that is tax-free and non-means tested. It can be repaid in addition to other incapacity benefits like Attendance Allowance or Exceptionally Serious Disability Allowance. It is also possible to supplement a lump sum payment which was paid as compensation for an injury or disease, such as mesothelioma.
If you've been diagnosed with mesothelioma, or another asbestos-related disease and are wondering whether you're eligible to receive benefits, you must contact the Welfare Rights team of your local Citizens Advice bureau. If you are considering applying for benefits, it is important to get professional advice on welfare rights. Many people find the process of claiming difficult. The AdviceLocal postcode finder can assist you locate a local welfare rights adviser.
Claimants and their representatives should be aware of scammers trying to trick people into giving personal information to them via texts or emails. The government will never ask for your personal information via text message or email.
Diffuse Mesothelioma lump sum Payment (DMLP).
The Diffuse Mesothelioma Compensation Scheme (DMPS) is a compensation program that pays lump sums to patients suffering from diffuse mesothelioma. It was created in 2014 to replace an earlier scheme that was set in 2008.
The DMPS is funded by an annual levy that insurance companies pay for employers' liability insurance. The system is based on demand, and the levy is recalculated every year to reflect any changes in the number or applicants. The levies are collected by Tracing Services Ltd and distributed to successful claimants.
Diffuse mesothelioma can be described as a form of asbestos-related cancer that affects the lung. It is a fatal disease that often has a low prognosis. The DMPS scheme was developed to help people who have been diagnosed with asbestos cancer as quickly as is possible. It also provides financial assistance to the family of a deceased mesothelioma patient.
Under the DMPS the people who have been exposed to asbestos at work will be paid an unspecified amount. This can be used to cover living costs and assist with the costs of treatments like chemotherapy and surgery. The DMPS lump-sum amount is determined by the age of a person when diagnosed with mesothelioma. The amount ranges from PS94.750 for those under 37 years old to PS14.722 for those over 77.
When it first came out, the DMPS was a popular choice for mesothelioma sufferers as a method of filling a gap in compensation. Four years later, it is time to inquire if it has done enough to help patients diagnosed with asbestos-related cancers to receive the money they deserve.
This is particularly applicable to other asbestos-related diseases like lung cancer. Presently, those suffering from these conditions who know how they were exposed to asbestos, but whose employer has now gone out of business and whose insurers are not able to be identified are unable to pursue an action for compensation in the civil court.
This isn't fair and something must 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. She remembers her father working for the company, and returning home in soiled work clothes. She was able apply for a DMPS Payment of PS18 675. However, she's not qualified for any additional compensation from her estate.
Personal Independence Payment (PIP),
You may be entitled to PIP payments if you suffer from mesothelioma or a different asbestos-related disease. This scheme is designed to help you pay for the additional costs of having a chronic disability or illness. It also assists those who need daily care to live a life of their own. It is a non-testing benefit that is offered to people who are 16 or over. The amount you get is determined by the assessment you make which is based on the severity of your condition as well as your requirements. You can get more information about PIP and how to apply via the DWP website. If you're unsure how to fill in your application, get help from a local Citizens Advice group or an MS benefits adviser.
You must send your application for PIP to the DWP together with two proofs (a passport, UK Driving Licence, council tax bill, or housing association tenancy contract) of your identity. You will then be referred to take a PIP assessment. The assessment could take up to an hour, and could be conducted at your home or in a center. You may wish to bring an individual from your family or a close an acquaintance to offer moral support. Additionally, you should bring your PIP claim as well as medical evidence along with the DWP questionnaire "How your disability impacts you".
In the PIP assessment, an independent healthcare professional will ask you questions about how your health conditions affect you and the amount of support and care you require to complete certain tasks. You will be asked to take two tests that will focus about your daily routine and the other one on mobility and you will earn points for each activity. You must score at least four points to be eligible for the PIP.
If you are not satisfied with the decision you've been given regarding your PIP assessment, you can ask for an obligation-based review by submitting a written request to the DWP. This is the first step to take before you can appeal to the Appeals Service. However, it is important to seek out advice prior to deciding whether you want to contest your PIP assessment decision, since the outcome could be difficult to predict.