Mesothelioma Compensation and PIP
Mesothelioma compensation can help patients and their families pay for treatment costs and other expenses. Compensation can provide financial security in the event that a person dies.
A mesothelioma lawyer with experience has a large database of asbestos-producing firms and can identify the responsible companies based upon evidence like the history of work, diagnosis and exposure sites. mesothelioma compensation claims can be obtained through trust funds, lawsuits or settlements.
Diffuse Mesothelioma Payment Scheme
DMPS is a program which compensates those suffering from diffuse mesothelioma. It is designed to compensate those who, whether negligently or in violation of statutory obligation, were exposed to asbestos in the workplace and are not able to file any claim against their employer or the employer's Employers' Liability insurance.
The age of the person diagnosed with an asbestos-related illness will determine if they are eligible for a lump-sum payout. The current DMPS was launched on 25 July 2012. It is administered by Gallagher Bassett. However, as of 1st April 2018, TopMark Claims Management Ltd will be the administrator of the scheme.
The DMPS scheme will pay any person who is receiving Industrial Injuries Disablement Benefit, or who is the spouse of someone who has died as a result of an asbestos-related illness and has not been eligible for a mesothelioma compensatory payment under the Pneumoconiosis Act or the 2008 Diffuse Mesothelioma Compensation Scheme. If you are the spouse of a mesothelioma sufferer who has passed away, you must make your application within 12 months from the date of their death.
There are some exceptions to the eligibility requirements for DMPS. These include those who come into contact with asbestos on a secondary basis, such as washing their husbands workplace clothes, exposure to the environment, or those who didn't know what brought them into contact with asbestos. These individuals will be compensated under the DMPS scheme but they should first consult a mesothelioma lawyer in order to determine if they can make a civil claim against their former employers or 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 amount you receive in a civil case. This is because a mesothelioma lawyer will assist you in obtaining the maximum amount of compensation in your particular case. The DMPS website states that you can apply for an DMPS Payment, however it is recommended to work with a specialist mesothelioma lawyer.
Industrial Injuries Disability Benefit (IIDB).
This is a weekly benefit for people who have been disabled due to an accident or disease at work (but not by self-employment). IIDB is a "no fault" scheme which means that those who claim are not required to prove negligence in the court. The Department for Work and Pensions examines claims to determine if they qualify.
Based on the degree of disability, you could be compensated for the rest of your the rest of your life or for a set period. A doctor will evaluate the percentage of your disability and will take into consideration only the degree to the extent that it is caused by the work-related illness or injury. A pre-existing condition will not be considered however, a doctor may review your situation if it gets worse.
IIDB is a non-means tested and tax free benefit that is tax free. It can be repaid in addition to other benefits for incapacity, such as Attendance Allowance and Exceptionally Serious Disablement Allowance. It can be used to increase the amount of a lump sum payment received as compensation for an injury or disease that was contracted at work, 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 speak to the Welfare Rights team of your local Citizens Advice bureau. It is essential to seek specialist welfare rights advice if are thinking about filing claims as many find the process to be complicated. The AdviceLocal postcode finder can help you find a local welfare rights advisor.
Claimants and their representatives have to be aware of scammers that attempt to trick people into giving out personal information through text messages 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 Payment Scheme (DMPS) is a compensation scheme set up to pay lump sums to those suffering from diffuse mesothelioma. It was created in 2014 and replaced an identical scheme that was established in 2008.
The DMPS is financed through an annual levy imposed by insurance companies for employers"liability insurance. It is a demand-led system and the levy will be adjusted each year to reflect any increase or decrease in the number of applicants. The levy collected by Tracing Services Ltd is distributed to successful claimants.
A form of asbestos cancer that affects the lungs is diffuse mesothelioma. It is a terminal disease with a low chance of recovery. The DMPS scheme is designed to help those who are diagnosed with this asbestos cancer as soon as they can. It also offers financial aid to the family of mesothelioma patients who have passed away.
Under the DMPS individuals who have been exposed to asbestos in the workplace will receive an unspecified amount. This lump sum can be used to pay for living expenses as well as to help pay for treatments such as chemotherapy and surgical procedures. The amount of the DMPS lump sum depends on the age of a person when they are diagnosed with mesothelioma. The amount varies from PS94.750 for those under 37 years of age to PS14.722 for those who are over 77.
DMPS was initially embraced by mesothelioma sufferers as a method to fill in a compensation gap. Four years later, it's time to ask if it is doing enough to allow patients diagnosed with asbestos-related cancers to get the compensation they are entitled to.
This is especially applicable to other asbestos-related diseases such as lung cancer. Presently, those suffering from these conditions who know how they were exposed to asbestos, but whose employer has now been shut down and whose insurers cannot be traced are unable to pursue an action for compensation in the civil court.
This is unfair and something has to change. I recently advised a mesothelioma sufferer who knew she was exposed to asbestos in Higham, Kent at British Uralite. Her father worked for the company, and she recalls returning home in his dirty work clothes. She was eligible for an DMPS payment of PS18,675. However, she is not qualified for any additional compensation from her estate.
Personal Independence Payment (PIP),
If you suffer from mesothelioma or any other asbestos-related disease, you may be entitled to the PIP payment. This program assists with the extra costs that come with living with disabilities or a long-term health condition. It is designed to help those who require assistance to live a life of independence. It is a non-testing benefit that is offered to those who are or over. The amount you get is determined by the assessment you make, which takes into consideration the severity of your condition as well as your requirements. The DWP website provides more details about PIP and how you can apply. If you're unsure how to fill in your application, seek help from a local Citizens Advice group or an MS benefits adviser.
The first step to apply for PIP is to submit 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 asked to attend a PIP Assessment. This can be at your home or in a centre and may take up to an hour. It's worth bringing your family member or friend along to offer moral support. it's a good idea bring your PIP claim form as well as medical evidence, and the DWP's "How your disability affects your life" questionnaire.
In the PIP assessment, a qualified healthcare professional will ask questions about how your health condition affects you and how much help and care you require to carry out certain tasks. You will be asked two tests, one on your daily living and one on mobility. You will be awarded points for each test. You will be awarded a total of four or more points to be eligible for PIP.
If you're not happy with the outcome of your PIP assessment, you can request an obligation-based review by submitting an unwritten request to the DWP. This is the first thing you should do before you can appeal. However, it is important to seek advice prior to you challenge your PIP assessment decision, since the outcome of this appeal could be difficult to predict.