Pleural Plaques Compensation – Association of Personal Injury Lawyers Responds

APIL disappointed by government decision following pleural plaques consultation

The Association of Personal Injury Lawyers (APIL) has reacted with disappointment following the publication of the Government’s decision that people diagnosed with the asbestos-related condition Pleural Plaques did not qualify for personal injuries compensation, except in exceptional circumstances. The findings from the long-running consultation were published late last month, alongside a statement from the Secretary of State for Justice, Jack Straw.

The government’s consultation received an impressive number of responses, indicating the importance of the issue to many people, with 224 responses from interested parties such as law firms, asbestos disease support groups, medical professionals and others. There were also specially commissioned reports from the Chief Medical Officer for England and Wales and the Industrial Injuries Advisory Council.

The consultation had originally been called after a number of individuals and organisations complained to the government following a decision by the Law Lords in October 2007. That decision found that pleural plaques do not constitute actionable or compensatable damage – in other words, you cannot claim compensation for them. This is despite medical evidence showing that the plaques – small areas of fibrous tissue in the lungs – are an indicator that a person has been exposed to asbestos.

Although the decision has come as a blow to people who have recently been diagnosed with pleural plaques, a concession has been made to those individuals who already had claims going through the courts at the time of the Law Lords’ ruling back in 2007. These people, whose claims were brought to a premature end by the ruling, will receive a one-off payment of £5,000. This payment is designed to reflect the average amount of compensation paid out in a pleural plaques compensation claim before October 2007. At this stage it seems unlikely that anyone diagnosed with pleural plaques after October 2007 will see any payouts from the government.

Progress on mesothelioma claims

Whilst the news for people with pleural plaques was mixed at best, the news for sufferers of the devastating asbestos-related cancer mesothelioma was more encouraging, with an increase in the amounts of compensation paid out in these cases. Sufferers of mesothelioma and pneumoconiosis will see a 1.5% increase in their compensation settlements. The payouts to the depandants of mesothelioma sufferers who died before their claims were completed will be increased by up to £5,000 from 1st April 2010.

Additionally, the government has promised to look into any measures that can be taken to speed up the claims process for mesothelioma compensation claims. One important change that is being considered is to clarify when the limitation period for bringing a mesothelioma claim begins. Traditionally this time limit started from when a person first became aware that they had been exposed to asbestos, but it is proposed to change this so that the limit only applies from the date that they were diagnosed with mesothelioma.

Asbestos disease compensation claims

For more information on asbestos compensation claims, including those relating to mesothelioma or other asbestos-related diseases call Camps Solicitors on free phone 0800 092 8586.