Pleural Plaques Judgement
The House of Lords have today (17 October) published the Judgment which finally overturns the Law which had been settled for 20 years and which acknowledged an entitlement to compensation by those who had been diagnosed as suffering from Pleural Plaques. They were also able to elect to conclude their claim on a provisional damages basis which operated as an insurance policy and guaranteed piece of mind for victims and their families.
The crux of this decision is that Pleural Plaques are asymptomatic and cannot be seen by the naked eye and are therefore de minimis, in other words - that they are too trivial to be taken seriously by the Courts.
This is a decision which flies in the face of established Law and which takes no account of the fact that over the years the insurance industry has accepted premimums from employers and made provisions for pleural plaques Claimants. The House of Lords has now given its blessing to these self sane insurers refusal to pay vicitms their just and reasonable compensation.
The vast majority of people who are diagnosed as suffering from Pleural Plaques know exactly what that means.
It means that they have been harbouring toxic asbestos fibres in their lungs for at least 20 years and that their bodies have started to react in a negative way to their presence by the development of scar tissue.
They also know that they are at a measurably increased risk of contracting one of the more significant and frankly devastating asbestos related conditions.
They know this because they have worked, most of them, for years in an asbestos laden environment without any adequate protection, ventilation or warnings and have seen workmates, family and friends struck down by horrendous conditions such as asbestos related lung cancer, mesothelioma and asbestosis.
This poor Judgment, which has everything to do with policy and the best interests of the insurance industry and absolutely nothing whatever to do with justice and the interests of innocent victims, will do nothing to reassure those who are affected.
Anyone who has a history of working with asbestos should ensure that their GP or Consultant is aware of their history (Doctors will not always ask the apparently obvious questions) and should insist on a regular check up. At Boyes Turner, we will be happy to discuss any anxieties with those who have been diagnosed as suffering from any asbestos related condition including Pleural Plaques and will give advice as to the best way forward. Please contact us on 0118 9527 199.
Consistent with our policy when giving comment and advice on a
non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems
we recommend that professional advice be sought.
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