New support for asbestos victims
March 3rd 2010
After many years of campaigning Southampton’s Labour MPs, John Denham and Alan Whitehead have welcomed a multi-million pound package of vital help that the Labour Government is extending to individuals whose health has been put at risk due to exposure to asbestos. This is particularly good news for Southampton due to the high-number of people exposed to asbestos through the maritime industry.
This new action includes help for people with asbestos related diseases to claim compensation, increase their upfront payments, and work towards a fund of last resort for people diagnosed with a serious asbestos-related illness who cannot trace their insurance records.
It also includes financial help to people with pleural plaques who were left in limbo by a House of Lords ruling in 2007.
The full list of measures, which was announced as part of the Government’s response to a consultation on pleural plaques (an asbestos related condition) includes:
- An ex-statutory scheme of fixed payments of £5k for individuals who had begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the Law Lords ruling in 2007;
- Work towards the creation of an Employers Liability Tracing Office (ELTO) to help people who develop an asbestos-related disease to trace the relevant insurer and obtain full compensation.
- A consultation on the creation of an Employers’ Liability Insurance Bureau (ELIB), which will act as a fund of last resort for sufferers of asbestos-related disease who cannot trace the insurance records needed to gain compensation.
- Increased upfront payments for Mesothelioma sufferers and their dependents.
- The establishment of a world-leading network of medical practitioners to research asbestos-related disease, with increased investment from Government alongside £3m funding from the insurance industry;
- Action to examine and streamline litigation practices and procedures to speed up claims relating to Mesothelioma.
John Denham MP said:
“I am delighted that Labour is building on its record of support for asbestos victims with the important measures announced today. In constituencies like Southampton, where many people were exposed to asbestos during their working lives, steps to help people gain swifter compensation for asbestos-related disease will be widely welcomed – as will increased investment for medical research in this area.”
Alan Whitehead MP said:
“This is an important first step in delivering justice for dock workers and others in Southampton who have developed pleural plaques because of where they worked. I am also encouraged that the Government has given its strongest commitment yet to reassess the legal status of pleural plaque sufferers if further evidence is presented linking pleural plaques to other long term illnesses.”
There will be fixed payments for people with pleural plaques who had cases in the pipeline before the Law Lords ruling in 2007. Anyone who falls into this category should visit www.justice.gov.uk/about/pleural-plaques.htm for further information on how to apply.”
What do you think about this story? Email Alan
More information
Pleural plaques are small localised areas of fibrosis found within the pleura of the lung caused by asbestos exposure. They do not usually cause significant symptoms (if any) and do not impair lung function. Pleural plaques are in themselves benign but are a marker of exposure to asbestos. On the basis of certain 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 held in the case of Rothwell v Chemical & Insulating Co Ltd (and conjoined cases) that pleural plaques were not compensatable. In a unanimous decision on 17 October 2007 the House of Lords upheld that decision.
The Government carefully considered whether to restore the right to claim compensation for future cases of pleural plaques, which was removed by a Law Lords in October 2007. However, medical evidence received during its consultation showed that while pleural plaques are a marker of exposure to asbestos, they are generally symptomless, are not harmful and do not become harmful. Any increased risk of a person with pleural plaques developing an asbestos-related disease arises because of that person’s exposure to asbestos rather than because of the plaques themselves. As a consequence the Government has decided not to overturn the judgment at this time, though the matter will be kept under review.
But the Government does acknowledge the unique position of those individuals who had already begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the Law Lords’ ruling in October 2007. Such people would have had an understandable expectation that their claim would result in compensation and many had made plans accordingly.
Compensation is already available for a range of asbestos-related diseases such as mesothelioma, asbestosis, pneumoconiosis and asbestos related lung cancer, and the House of Lords judgment confirms that if the claimants did develop any recognised asbestos related disease in future they would then have a claim in respect of that disease. However, following the Law Lords' decision compensation is no longer available for pleural plaques.
Information on the Pleural Plaques former claimants payment scheme visit www.justice.gov.uk/about/pleural-plaques.htm