Mesothelioma Compensation and PIP
Compensation for mesothelioma could help patients, their families and others pay for medical expenses and other expenses. Compensation can offer financial security if a patient dies.
A good mesothelioma attorney has a large database of asbestos-producing companies and 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 is a scheme that compensates sufferers of mesothelioma that is diffuse. It is designed to pay those who were exposed to asbestos while at work in a negligent manner or in violation of statutory duties, and who cannot make a claim against their employer or their Employers Insurance for Liability.
People who are who are diagnosed with asbestos-related conditions can apply for a lump sum payment according to their age at the time they were diagnosed. The current DMPS scheme was launched on 25 July 2012 and was administered by Gallagher Bassett, but as of 1 April 2018 it will be administered by TopMark Claims Management Ltd.
The DMPS scheme will pay anyone who receives Industrial Injuries Disablement benefit or is the dependent of a person who passed away due to asbestos-related disease. This includes those who are not eligible for a payment of mesothelioma under either the Pneumoconiosis Act of 2008 or the Diffuse Mesothelioma Scheme. If you are the spouse of a mesothelioma sufferer who passed away you must submit your application within 12 months from the date of their death.
There are a few exceptions to the eligibility criteria for DMPS. This includes those who have come in contact with asbestos on a second basis such as wives washing their husbands' work clothes, exposure to environmental hazards or did not realize what brought them into contact with asbestos. The DMPS scheme will compensate them however it is crucial that they first consult a mesothelioma solicitor to see if they could make a civil claim against their former employers or their insurance companies.
DMPS will deduct from your pay any other state benefits you are entitled to. However, any money you pay to you under DMPS will be added to the total compensation you receive in a civil matter. A mesothelioma lawyer can help you receive the highest amount of compensation in your case. The DMPS website suggests that you apply for a DMPS payment on your own, however it is recommended that you do this with the help of a mesothelioma lawyer who is specialized.
Industrial Injuries Disablement Benefit (IIDB)
This is a weekly payment for people who are disabled due to an accident at work, or due to certain diseases linked to their work (but not self-employment). IIDB is a no-fault scheme, meaning that claimants do not have to prove negligence through the courts. Instead the Department for Work and Pensions will review claims to determine if they qualify.
Depending on your level of disability, you could be paid either for the rest of your life or for a set time. A doctor will determine the amount of disability and will only consider the extent that it is due to an injury or illness at work. Pre-existing conditions will not be taken into consideration, however, doctors may reassess if they become more severe.
IIDB is a non-means-tested and tax-free benefit that is tax free. It can be paid in addition to other related incapacity benefits, such as Attendance Allowance or Exceptionally Severe Disablement Allowance. It is also a way to top up the lump sum amount that was received as compensation for a work-related accident or disease like mesothelioma.
If you are diagnosed with mesothelioma pleural plaques or other asbestos-related disease, you should consider contacting the Welfare Rights team at your local Citizens Advice bureau to see whether you qualify for any benefits. It is crucial to seek out specialist welfare rights advice if you are thinking about filing claims as many find the process complex. The AdviceLocal postcode finder can assist you locate a local welfare rights advisor.
Claimants and their representatives have to be aware of scammers who try to fool people into providing personal information via text messages or email. The government will never ask for your personal information via email or text messages.
Diffuse Mesothelioma Lump Sum Payment (DMLP)
The Diffuse Mesothelioma Payment Scheme (DMPS) is a compensation scheme set up to pay lump sums to people with diffuse mesothelioma. It was established in 2014 to replace an earlier scheme that had been set up in 2008
The DMPS is financed by a levy that is paid annually by insurers for employers' liability insurance. It is a demand-driven system, and the levy is recalculated each year to reflect any change or decrease in the number of applicants. The levies are collected by Tracing Services Ltd and distributed to successful claimants.
A form of asbestos cancer that can affect the lungs is called diffuse mesothelioma. It is a terminal illness with a poor outlook. The DMPS scheme was created to help people who have been diagnosed with asbestos cancer as quickly as they can. It also assists relatives of a person who has died from mesothelioma and provides financial support to their family members.
Under the DMPS individuals who have been exposed to asbestos at work will be paid an amount in one lump. This can be used to cover living costs and help with the cost of treatments such as chemotherapy and surgeries. The amount of the DMPS lump sum is contingent on the age of a person when they are diagnosed with mesothelioma. The amount ranges from PS94.750 for those who are younger than 37 years old to PS14.722 for those who are over 77.
DMPS was initially welcomed by mesothelioma sufferers as a way to fill a compensation gap. Four years later, it's time to consider whether it is doing enough for those diagnosed with asbestos-related cancers to receive the money they deserve.
This is especially the case with other asbestos related diseases such as lung cancer. Presently, those suffering from these conditions who know how they were exposed to asbestos, but the employer has since been shut down and whose insurers cannot be located are not able to pursue an action for compensation in the civil court.
This is unfair and something has to be done to change this. I recently counseled someone who had mesothelioma. mesothelioma compensation payouts knew that she was exposed to asbestos at British Uralite in Higham, Kent. Her father worked for the company and she remembers him coming home in his dirty work clothes. She was able to apply for a DMPS payment of PS18,675. However, she isn't eligible for additional compensation from her estate.
Personal Independence Payment (PIP),
If you suffer from mesothelioma or another asbestos-related illness, you could be eligible for an PIP payment. This program helps with the additional costs associated when you have a disability or long-term health condition. It is designed to help those who require assistance to be able to live independently. This is a non-means-tested benefit that is paid to those who are 16 years old or older. The amount you receive is determined by the results of your assessment, which takes into account the severity of your illness as well as your needs. You can find more information about PIP and how to apply from the DWP website. If you're not sure how to fill in your application, get assistance from a local Citizens Advice group or an MS benefits advisor.
The first step in submitting for PIP is to send your application to DWP with your medical proof and two identification documents (a passport, UK driving licence, council tax bill or housing association tenancy agreement). You will be invited to a PIP Assessment. The assessment can take place at your home or a centre and may take up to an hour. It's worth bringing your family member or friend along for moral support and it's a good idea bring your PIP claim form, medical evidence and the DWP's "How your disability affects you" questionnaire.
During the PIP assessment, an independent healthcare professional asks you questions about your health condition and how much help and care you require to accomplish certain tasks. You will be required to take two tests, one on daily living and the other on mobility. You will receive points for each test. You will be awarded a total of four or more points in order to qualify for PIP.
If you are not happy with the decision of your PIP assessment You can request an automatic reconsideration by sending a letter to the DWP. This is the first thing you need to do before you can appeal. It is essential to seek advice prior to contesting your PIP assessment, since the outcome could be erratic.