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House of Lords rule against Pleural Plaques sufferers
An appeal to the House of Lords to re-instate compensation for the asbestos related condition pleural plaques has unfortunately been unsuccessful. Pleural plaques is scarring of the tissue of the outer lining of the lung.
In January 2006 the Court of Appeal decided that those suffering from pleural plaques could no longer receive compensation following any negligent exposure to asbestos by their employers. Previously sufferers could have received compensation of up to £15,000.
The Law Lords have upheld the Court of Appeal decision and ruled that pleural plaques is not a disease as it has no symptoms and thus no actionable damage has been caused to the person. This has dismayed sufferers and their families alike.
James Walsh, Partner and Team Leader at Wolferstans specialised Industrial Disease and Accidents Unit said:
“Naturally I am saddened with the Court’s decision. I alone had many clients waiting anxiously on this decision and the news comes as a great disappointment to them. I would however add that the House of Lords has only ruled that claims for pleural plaques are no longer actionable and those suffering from more pronounced asbestos related illness causing a disability such as breathlessness should still be entitled to compensation. I would therefore encourage anyone who is concerned that they may have an asbestos related condition to seek legal advice from a specialist industrial disease solicitor.”
Asbestos illnesses can develop at anytime, often many years after exposure to asbestos. Anyone who suspects that they were exposed to asbestos should always keep their health under review and visit their General Practitioner should they be concerned.
James Walsh, Partner and Team Leader of Wolferstans specialised Industrial Disease and Accident Unit can be contacted on 01752 663295 or email jwalsh@wolferstans.com.