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Pleural Plaques Compensation Claims
Personal Injury Compensation For Asbestos-related Illness
Pleural Plaques, which develop on the lower chest walls and diaphragm at least 10, and more usually at least some 20 or more, years after the first exposure to asbestos dust at work, are in themselves nothing more than a thickening of the membranes lining the chest wall.
Around 40% of people who have experienced regular exposure to asbestos dust will develop Pleural Plaques. They are not in themselves a danger, as they present no symptoms, and their existence may well have gone undetected for many years.
However, because their existence does indicate a history of exposure to asbestos dust, they also put the sufferer at an increased risk of an asbestos-related disease developing subsequently.
NI assembly reverses decision to allow claims for compensation for pleural plaque
From Wednesday, December 14, 2011, people suffering from pleural plaques, an
asbestos-related condition, will again be able to claim compensation if they were exposed to asbestos in Northern Ireland.
More about NI assembly reverses decision to allow claims for compensation for pleural plaques
More Pleural Plaques news stories
Please select one of the links below for more information:
- Compensation For Pleural Plaques
- Update on claiming compensation for pleural plaques under the Ministry of Justice Scheme
- Pleural Plaques News Stories
- Useful Pleural Plaques Website Links
- Seek Immediate Personal Injury Compensation Claim Advice
Compensation For Pleural Plaques
Pleural Plaques may be visible to doctors on an x-ray. In these cases it has, in the past, been possible to recover compensation, either as a full and final settlement or on what is called a provisional basis - an award of a small sum of compensation, usually a few thousand pounds, with the right to seek a further award of compensation at a later date if the person is unfortunate enough to go on to suffer a more serious asbestos-related disease.
A decision by the Court of Appeal indicated that compensation could no longer be awarded for pleural plaques alone. This decision was the subject of an appeal to the House of Lords in October 2007. Unfortunately, the appeal was rejected by the House of Lords on the grounds that pleural plaques do not constitute an injury and therefore people with pleural plaques are not entitled to compensation. They also ruled that a claim cannot be brought for anxiety caused by a diagnosis of pleural plaques.
Update on claiming compensation for Pleural Plaques under the Ministry of Justice Scheme
In February 2010, Jack Straw, the then Secretary of State for Justice, announced that up to £5,000 could be paid from an extra-statutory scheme to a limited category of pleural plaques claimants.
In September 2010, the Ministry of Justice (now under the coalition government of Conservative and Liberal Democrats) finally published general guidance about who would be eligible for the Ministry of Justice Scheme and how to apply for payments.
The criteria for eligibility criteria required claimants to have brought but not resolved a legal claim before the House of Lords decision in October 2007.
In order for claimants to qualify, they must have been diagnosed with pleural plaques, as a result of exposure to asbestos, prior to 17 October 2007, and must have also have attempted to claim damages for the condition prior to 17 October 2007.
There were additional criteria that, if not met, would have prevented the claim being successful.
- Firstly, the solicitor must have either commenced a court action by issuing a claim form, or have sent a letter of claim (in line with Pre-Action Protocol for Disease and Illness) prior to 17th October 2007.
- Alternatively, prior to 17 October 2007, the claimant must have approached a solicitor or trade union about making a pleural plaques claim, named an employer / insurer to make a claim against and received confirmation that the case was being taken on.
In addition to all the above, the claim must not have been resolved, nor should the claimant have received any interim payment for £5,000 or more.
No payment would be made under the scheme if the claimant has died.
The closing date for applications from pre-existing claimants was 1 August 2011, and additional documents in support of the claim needed to be submitted within 30 days of the application, otherwise the claim was rejected.
It was only possible to apply once under this scheme and there was limited scope for appeal or review of rejected claims.
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Pleural Plaques News Stories
Clear Answers' solicitors deal with a large number of asbestos-related disease cases each year. Details of some of these cases can be found in our News Section which is updated regularly.
Below are a selection of pleural plaques news stories. To view the full story click on the links beneath the description. Alternatively you can visit our News Section to view these stories and other successful personal injury and accident compensation claims that Clear Answers' solicitors have been involved in.
Government to publish consultation paper on compensation for Pleural Plaques
Parliamentary Under Secretary of State for Justice, Bridget Prentice MP, has stated that a Government consultation into the House of Lords ruling on the asbestos-related condition, pleural plaques, will begin this month and will consider options including restoring the right to compensation for pleural plaques.
More about Government to publish consultation paper
House of Lords rules against claims of compensation for pleural plaques
The Law Lords have today rejected an appeal to allow compensation to be awarded to workers, negligently exposed to asbestos, who have been diagnosed with pleural plaques. This confirmed the decision, given in January 2006 by the Court of Appeal, that compensation could not be awarded by overturning a previously established right to claim. This right had existed for over 20 years. In almost all cases of pleural plaques the cause is due to exposure to asbestos through the negligence of an employer.
More about House of Lords rules against claims of compensation
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Useful Pleural Plaques Website Links
For more information about the result of the Appeal to the House of Lords regarding compensation for those diagnosed with pleural plaques, please go to any of the following websites.
BBC News UK
Asbestos condition claims stopped
Times Online - UK
Workers lose fight for asbestos compensation
Guardian Unlimited - UK
Payouts ended for asbestos workers
Greenock Telegraph - Greenock, Scotland, UK
Workers set to lose cash fight
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Seek Immediate Personal Injury Compensation Claim Advice
It is important to seek legal advice as soon as possible if you have been diagnosed with an asbestos-related disease.
Strict time limits apply to making a claim for any type of industrial disease, including asbestos-related diseases, so please contact an experienced solicitor as soon as you think you may have a claim for asbestos-related compensation.
If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, you will retain 100% of the compensation awarded to you. We will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms. One of our representatives will contact you as soon as possible.
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