The Diffuse Mesothelioma Payment Scheme (DMPS) – was designed to compensate individuals who were negligently exposed to asbestos as an employee but who are unable to bring a civil action as their former employer is no longer trading and their insurers cannot be traced. Until the scheme was introduced, these people would be unlikely to recover anything. The scheme started making payments in 2014 and has undoubtedly helped many people with mesothelioma, resulting in over £280 million[1] being paid in compensation payments. However, a review of the scheme ten years on makes clear reform is needed.
 
Tariff
 
The scheme operates on a tariff system which is a “one size fits all” that fails to consider an individual’s personal circumstances. Not only that, but the tariff has also failed to keep pace with rising inflation and the amount an individual can expect to receive is usually much less than a successful civil claim. The intention when the DMPS scheme was introduced was that it should mirror the average compensation payable for an individual of a given age.
 
This is most evident when the issue of private medical treatment is concerned. Back in 2014 the options for treating mesothelioma were much more limited – immunotherapy was almost unheard of outside a clinical trial – and future medical treatment costs were not routinely included in settlement awards. However since that time it has become the norm to build in provision for future treatment costs into civil claims. This is notably an issue for those individuals looking to secure funding for private medical treatment, meaning they have to make difficult choices about whether to fund treatment from their award leaving them with little or no money left over for other costs, such as care.  
 
Even when it was introduced the tariffs seemed lower than average, now the combined effect of inflation and the inability to recover bespoke treatment costs mean it is often much less.
 
Mesothelioma diagnosis
 
A further issue with the scheme is its narrow scope in terms of asbestos related diseases. The scheme only covers individuals who have been diagnosed with mesothelioma. Therefore, those who have been diagnosed with asbestos related lung cancer, asbestosis or pleural thickening are unable to receive any compensation under the scheme. This seems unduly harsh, especially when these illnesses can also be debilitating or deadly.
 
Asbestos exposure during the course of employment
 
The scheme is only covers those exposed to asbestos during the course of their employment. Individuals who have been exposed via a family member’s employment or from the environment for example, are not eligible. 
 
 
Fatal applications
 
The scheme is very limited as only the individual with mesothelioma or a financial dependant can claim. With civil claims family members can pursue compensation on behalf of their loved ones.    
 
Timing
 
If an application to the scheme is made before the DWP award a lump sum – which anyone diagnosed with mesothelioma is entitled to receive – it can prevent the lump sum being paid. This can give often seriously ill people a real dilemma, because if they have no financial dependants and it is not known whether their employers were insured or not, if they make a protective DMPS application while they investigate the insurance position it could mean that they miss out on a government lump sum that they could use to fund care or make precious memories with their families.  If they delay in making the DMPS application their family may be unable to do so later.
 
How Charities and specialist lawyers can help.
 
Whilst there are clear shortfalls of the scheme, it is still an avenue to compensation for those who have been diagnosed with mesothelioma but are unable to pursue a civil action against their employers. 
 
The DMPS scheme is complicated and there are many pitfalls. HASAG and their panel of specialist lawyers can help guide and advise you to ensure you secure compensation you may otherwise have missed out on. They can deal with the application process which might otherwise be really burdensome for you.  Your lawyer can also advise whether another route to compensation may also be possible. The DMPS only covers exposure to asbestos as an employee. However depending on the circumstances it may be possible to look to the occupiers of any buildings you were working in for compensation as some legislation imposes liability on occupiers. You may also have been exposed to asbestos in the environment or at school, or from a family members work clothes or even as a result of talcum powder. They may be able to help secure you and your family’s future and help you to access bespoke medical treatment.