Asbestos condition claims stopped

Asbestos exposure can cause pleural plaques

Thousands of British workers suffering from an asbestos-related condition will not be able to claim compensation, the Law Lords have ruled.

The move only applies to sufferers of pleural plaques, a scarring of the lungs, leaving other asbestos-related compensation claims unaffected.

Union leaders have attacked the decision, saying it will lead to "massive savings" for insurance firms.

Unions had appealed against a January 2006 ruling by the Court of Appeal.

The case centred on whether pleural plaques was an injury for which damages can be claimed.

The Law Lords ruled that pleural plaques, which can be a forerunner of asbestosis and mesothelioma, was not a disease itself.

They will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation Ian McFall Thompsons Solicitors

Derek Simpson, joint general secretary of Unite, said it was a "harsh" decision which will affect thousands of people with pleural plaques now and in the future.

"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," he said.

Ian McFall, head of asbestos policy at Thompsons Solicitors, representing the union, added: "This decision is very disappointing for the thousands of people who are living with the worry of knowing that their lungs have been scarred by asbestos.

"They will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation."

Past rulings

Pleural plaques are areas of thick scar tissue which form in the chest lining and diaphragm and are caused by asbestos exposure.

Over time, this thickening of the pleural membrane, which lines the lungs, can make breathing difficult and can, in some cases, be accompanied by the development of serious respiratory diseases including mesothelioma and lung cancer.

The insurance firms said they should not be liable because pleural plaques was not a disease as it had no symptoms.

The Lords accepted that employers had been negligent but denied the workers the right to any form of redress Brendan Barber, TUC general secretary

The case dates back to November 2004 when 10 men went to court seeking compensation from insurance companies which wanted to stop payments.

In February 2005, the High Court ruled that people suffering from pleural plaques should receive compensation.

It found there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety.

However, it reduced payment from between £5,000 and £15,000 to £3,000 and £7,000.

Speaking about the latest ruling, 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."