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Government opens compensation consultation on pleural plaques

03 September 2008

The Government has opened a consultation to look at how those diagnosed with pleural plaques can be compensated.

Pleural plaques are areas of scarring to the tissue and lining surrounding the lungs, and are an indicator that a person has been exposed to asbestos.

Since the 1980s those diagnosed with pleural plaques as a result of negligent exposure to asbestos have been able to claim compensation from their former employers.

However, 17 October 2007 following a long legal battle, the House of Lords upheld a Court of Appeal decision that compensation for pleural plaques should no longer be paid in these circumstances. 

Since then there has been much campaigning for the Government to step in and take action to help the many people affected by pleural plaques.

As a result, someone who has been diagnosed with the condition can understandably be concerned that they will develop a more serious asbestos-related condition, such as mesothelioma, asbestosis, lung cancer or pleural thickening. However, the House of Lords remained adamant that despite this anxiety, compensation should not be made available through the courts.

Specialist asbestos solicitor Sara Hunt joined a campaign for sufferers of pleural plaques and received a personal letter from Jack Straw MP confirming that the Government is considering the most appropriate way to support people diagnosed with pleural plaques through the consultation, which will close on 1 October 2008.

The consultation paper considers whether the law of negligence should be changed, effectively overturning the House of Lords ruling. The paper, though, expresses reservations about following this course, because of the wider implications it may have on the law of negligence, and on claims other than for pleural plaques.

A scheme is discussed in the paper which would effectively constitute a ‘no fault’ payment to people who could show that they had been exposed to asbestos in their workplace.  The scheme would be funded by the Government and, if introduced, would at least provide some compensation to those affected by the House of Lords’ decision.

The paper considers providing more support and reassurance to those diagnosed with pleural plaques.

The results of the consultation will be eagerly awaited by those who have been exposed to asbestos, and are expected to be announced by the end of November 2008.

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Sara Hunt

Associate
T: 08700 86 4221
I: +44 (0)121 625 4221
E: sara.hunt@shoosmiths.co.uk