10/12/2007
Asbestos Victims Lose Right to Claim Compensation
Lynette Vaughan of Watkins & Gunn Solicitors examines the recent House of Lords Decision on Asbestos Claims.
A House of Lords decision on the 17 October 2007 has removed a right to compensation that has existed for over 20 years for those suffering from the asbestos related condition known as Pleural Plaques.
Pleural Plaques are a scarring of the lung tissue caused by inhaling asbestos dust and fibres usually at work. They are caused by exposure to asbestos over a number of years and do not usually form for many years after exposure. They do not normally cause any health problems but sufferers will require regular monitoring as they could develop into a more serious asbestos related condition such as asbestosis or lung cancer or even the terminal disease Mesothelioma. As a result people often suffer anxiety following the diagnosis of Pleural Plaques.
The House of Lords decided that Pleural Plaques are symptomless and do not represent more than minimal damage and the anxiety caused by them is insufficient to create a cause of action. Thousands of workers will therefore not now be able to claim compensation for this condition .
It has been estimated that there are in the region of £14,000 such cases each year
and prior to the decision successful Claimants would have expected to receive between £3,000 and £7,000 compensation.
The decision represents a victory for the insurance industry who will save up to an anticipated £1.5 billion. However, it has been condemned by the Trade Unions as depriving thousands of Claimants of compensation when they have been negligently exposed to asbestos that may lead to a fatal disease. The only hope for Claimants is for Parliament to pass new legislation to reverse the decision and the Association of Personal Injury Lawyers are currently campaigning for this. However in the interim victims of Pleural Plaques are without a remedy.
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