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Written on 5th August 2022 by Melloney Harbutt

The Diffuse Mesothelioma Payment Scheme (DMPS) allows individuals who have been diagnosed with mesothelioma to claim for compensation in the event that there is no paymaster. The amount an individual receives depends on how old they are when they were diagnosed with the asbestos related disease. Dorian* was sadly diagnosed with mesothelioma in August 2021 after having felt unwell for a couple of months.

Exposure

Dorian was employed by a family business in the building trade between 1962 and 1990. He started as a plumber’s mate and soon realised he was not particularly hands on and was then taken on as a general labourer. He eventually ended up in a painting and decorating role.  During Dorian’s time as a general labourer, he remembered working on a pub on Goring Heath where he and his colleagues were installing a new lowered ceiling in an outhouse. Asbestos sheets were used for the ceiling and he had to cut 8 x 4 sheets using an electric saw before hammering the sheets into place and nailing them to fit securely. Dorian was not provided with any masks or protective clothing.

Settlement

Melloney was instructed on 22 December 2021 and took a witness statement from Dorian on the same day. After completing some initial Defendant research, Melloney soon realised that there was a possibility that the Defendant was not a registered company and no insurers could be found through the Employers Liability Tracing Office (ELTO). She therefore swiftly submitted a claim to the DMPS on 23 December 2021. All documents were sent apart from Dorians HMRC employment schedule as we were waiting for this to come in from HMRC. Sadly, Dorian deteriorated rapidly and passed away on 18 February 2022 in a care home.

The claim was taken over by Dorian’s nephew Tony* who was the executor of his will. Although Melloney had now received Dorian’s HMRC employment history, DMPS required a copy of his death certificate. This was received following an inquest in May 2022 and Tony was awarded gross amount of £149,641.00 under the scheme. Although Dorian did not have the benefit of this money, we hope that he would be pleased with this successful conclusion.

For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.

*anonymised for client confidentiality