Victims of Pleural Plaques Continue to Suffer Without Compensation
A House of Lords decision delivered in 2007 denies pleural plaques sufferers any compensation for negligent exposure to asbestos. However, the opinion of several medical professionals is that that irreparable damage is caused to the structure of the lungs’ lining due to such exposure. In addition, the victims of pleural plaques are more prone to diseases like mesothelioma, a deadly form of cancer.
Recognising the need to compensate the victims of pleural plaques, the Scottish Parliament recently enacted the Damages (Asbestos-related Conditions) (Scotland) Act. The Act came into effect after being given Royal approval shortly thereafter.
However, the Act has now been challenged before the Edinburgh’s Court of Session by insurance giants Aviva, Axa, RSA and Zurich Insurance. Critics of the move argue that it shows that the insurance companies will, by any means possible, deny the workers’ right to compensation for damage caused by exposure to asbestos. They say that the demand for judicial review has delayed the long-awaited relief to Scottish pleural plaques sufferers.
Victims of pleural plaques in England and Wales too are hoping for a favourable announcement on the issue by the Government. The announcement is likely to be made soon after the Easter break.
According to Ian McFall, Thompsons Solicitors attorney and Head of their Asbestos Policy department, the Government should not prolong its decision on the issue, merely because of the insurers’ disagreement with the Act in Scotland. Any delay will cause further suffering and misery to the victims, and could soon become a major political problem for the government. He stressed that compensation for plaques victims is a sensitive issue with strong moral arguments supporting it, and people are expecting a positive response from the government.
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