Pleural plaques ruling 'a disgrace'

TUC Risks 20th October 2007 reported that thousands of workers with an asbestos-related condition will not be able to claim compensation following a ruling by Law Lords.

Union leaders and lawyers attacked the decision to end claims for pleural plaques, usually caused by exposure to asbestos. The decision removes an established right to compensation, which had existed for 20 years and will lead to 'massive savings' for insurance firms, said unions.

The Law Lords ruled that pleural plaques was not a disease.

TUC general secretary Brendan Barber said: 'This is yet another attack, spearheaded by the insurance industry, on workers' ability to claim compensation for exposure to dangerous hazards at work. The Lords accepted that employers had been negligent but denied the workers the right to any form of redress. Now these defendants face the future knowing that they have been exposed to asbestos which could lead to a fatal disease.'

Derek Simpson, joint general secretary of Unite, said: 'The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to recoup damages for those people who have developed mesothelioma and other asbestos-related conditions.'

Adrian Budgen, head of the industrial diseases team with law firm Irwin Mitchell, commented: 'This decision will impact upon thousands of people who have faced emotional anguish since their diagnosis. Pleural plaques is a consequence of negligent exposure to asbestos. This exposure physically scars victims and is often a precursor to very serious, and sometimes fatal, disease.'

Prospect assistant general secretary Mike Clancy said the Lords' ruling 'totally ignores the suffering endured by these victims and their families who, following the diagnosis of pleural plaques, live with the continual fear of developing a life-threatening respiratory disease.' And Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.' The Association of British Insurers said the ruling 'brings clarity for claimants and insurers'.

To read the full story click on the link below:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9E0D86E0144C0%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=51c8b728-0ea8-4770-9250-4ffee334e2f8&n=1931486161