Compensation for Pleural Plaques Sufferers

The Government last week made a welcome announcement for pleural plaque sufferers. Pleural plaques are small areas of fibrosis found within the lung caused by exposure to asbestos. They do not usually cause significant symptoms and do not impair lung function but are a marker of exposure to asbestos and can develop into other asbestos related diseases. On the basis of a number of High Court decisions in the 1980s, it was possible for people to be awarded damages for negligent exposure to asbestos which had led to the presence of pleural plaques. However, in January 2006 the Court of Appeal ruled that people with pleural plaques sufferers would no longer be able to claim compensation. In a unanimous decision on 17 October 2007 the House of Lords upheld that decision.

Ever since that decision, myself and other trade union MPs have been pressing the Government to restore the right for sufferers to claim compensation. This is of particular relevance to North Staffordshire given our industrial heritage and the consequent exposure to asbestos this caused. I was pleased therefore that last week the Government announced that people who had begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the Law Lords’ ruling in October 2007 would indeed be able to receive compensation. Such people would have had an understandable expectation that their claim would result in compensation and many had made plans accordingly. Alongside compensation the Government also announced a series of other measures to support sufferers including the creation of an Employers Liability Tracing Office to help people who develop an asbestos-related disease to trace the relevant insurer and obtain full compensation; increased upfront payments for mesothelioma sufferers and their dependents; and action to streamline litigation procedures to speed up claims. Whilst this does not amount to a full reversal of the Law Lords decision it is very welcome news for pleural plaque sufferers and will come as a great relief to them and their families. Furthermore, compensation is already available for a range of asbestos-related diseases such as mesothelioma, asbestosis, pneumoconiosis and asbestos related lung cancer, and if other pleural plaque sufferers did develop any recognised asbestos related disease in future they would then be able to make a compensation claim for that.

So I applaud the work of MP’s and trade unions campaigning on this issue and I congratulate the Government on listening to these concerns and taking action.