Industrial Disease team pushes for reversal of the pleural plaques ruling

For many decades it was possible for employees negligently exposed to asbestos dust to claim compensation from their former employers after they developed asbestos related pleural plaques, a form of scarring on the lungs. However, the decision to award compensation for sufferers of pleural plaques was challenged by the insurance industry and the matter progressed to the House of Lords.

This resulted in the House of Lords deciding in 2007 to prevent further claims being made in relation to asbestos related pleural plaques, the Government has now published its consultation paper to consider the options available.

One of the schemes being put forward is a "no fault" scheme which will allow asbestos victims suffering from pleural plaques to claim a fixed amount.

The Claimant industrial disease specialists at Bond Pearce LLP strongly believe that asbestos victims suffering from pleural plaques deserve fair and just compensation. While we welcome the introduction of a scheme to reintroduce compensation to those suffering from pleural plaques we also believe that the decision of the House of Lords should be reversed. This would entitle those affected by pleural plaques to receive a fair level of compensation that accurately reflects the individual's circumstances of each Claimant.

We believe that pleural plaques are an actionable injury and that those innocent victims who have sustained an injury due to the negligent acts of a wrong doer should be entitled to 100% compensation assessed in accordance with many years of common law principles.

The reversal of the House of Lords' decision would ensure that insurers acting on behalf of negligent Defendants continue to pay the cost of such cases, rather than the taxpayer and at present it seems likely that this is the route that the Scottish Parliament will take.

We would urge the Government to take the same route and allow pleural plaque victims to be assessed on an individual basis and dependent upon their individual circumstances, which was the situation prior to the House of Lords' decision last year.

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