GOVERNMENT PUBLISHES CONSULTATION PAPER ON PLEURAL PLAQUES INJURY COMPENSATION

July 11th, 2008 Hinchliffes

On 9July the Government published its consultation paper with a view to responding to the controversial decision made by the House of Lords on 17 October 2007 that workers who had pleural plaques should not be compensated for this by their employers.

Pleural plaques are small localised areas of fibrosis that are found within tissues in the lungs and which are caused by exposure to asbestos. Prior to this landmark decision injury compensation was recoverable for this condition.

The consultation paper will consider issues of law and the medical evidence upon which the House of Lords relied in making their decision. Action to promote a greater understanding of the condition is also suggested, in addition to increased support once a diagnosis is made to ease concerns, particularly regarding the recognised asbestos related illnesses asbestosis and mesothelioma.

Comments are invited on a possible “no fault” payment scheme for those who have been diagnosed with the condition with two suggested options. The first that such a scheme should be limited to those exposed at work to asbestos and diagnosed with pleural plaques within a set period prior to the House of Lords’ decision who had not already received compensation. The second is that the scheme should be available to all workers who are diagnosed now or in the future.

As well as considering whether payments should be made, issues are also raised concerning who should make those payments, how much compensation would be appropriate in each case and the risks, benefits and costs that would be involved with each of the proposed schemes.

COMMENT:-

Although pleural plaques are benign and do not usually cause any symptoms or affect how the lungs perform, they are an indication of exposure to asbestos and cause concern about the prospects of a more serious condition developing.

In practice it is unlikely that a scheme for “no fault” payments will be introduced as this would be funded by the taxpayer. However, the insurers of the industries that exposed their workers to asbestos may be called upon to pay compensation.

The Government’s decision to consult on this matter is a fairly strong indication that they are considering a change in the law. Therefore, anyone who has been diagnosed with pleural plaques should contact specialist solicitors now to discuss the possibility of a personal injury claim being made as soon as any changes become effective.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are dealt with on a No Win – No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.