Campaigners for the compensation rights of those exposed to dangerous asbestos at work are hailing a move by the government to review a controversial decision by the law lords as a major victory.
At last week’s national policy forum in Warwick, Labour ministers finally backed a call to review a decision by the law lords which effectively ended the compensation rights of those affected by the asbestos induced condition, pleural plaques. The decision, handed down by the House of Lords on October 17,, 2007, ended the right to compensation on the basis that the largely symptomless condition (pleural plaques), did not constitute an injury in the same way that other asbestos related conditions do.
However, this view was contended by a number of campaigners, including Jamie Hanley, a trades union lawyer and partner at the firm Morrish & Co, and member of the national policy forum, who argued that pleural plaques are a physiological change to the body, caused only by exposure to asbestos.
The argument continues as patients with pleural plaques are statistically up to a 1000 times more likely to develop mesothelioma, a cancer which is always fatal, and which is now the third fastest growing cancer in the UK. This, argues Hanley, causes considerable stress and worry, with patients describing the feeling as a ‘ticking time bomb’.
The government’s response has been to launch a 12 week consultation to gather the views of those affected by the condition. If, at the end of the consultation period there is a conclusion that pleural plaque sufferers should be compensated, the government has pledged to either to overturn the law lords ruling or to create a compensation scheme.
Upon hearing the announcement Hanley commented: “This is a major step forward. The law lords ruling handed the insurance industry a £1.4bn windfall, they were the only winners, they took the premiums and should pay the claims.
“Until last year, a person who developed pleural plaques had the right to claim damages against a negligent employer. The common law right to claim damages had existed for almost 25 years and employers and insurers have settled claimants’ claims for damages. This has never resulted in an unmanageable flood of claims.
“My meetings with ministers at the policy forum were extremely constructive and it seems that there is a broad, cross party spectrum of support for the review.”
The move has been met with hostility by the Association of British Insurers (ABI) which last night said it was opposed to the move. Kelly Ostler-Coyle, a spokesperson for the ABI commented: “Pleural plaques are symptomless, do not lead to an increase in other conditions and have no effect on health at all.
“Making pleural plaques compensatable could create certain precedents of people being compensated for exposure to asbestos alone and could result in further anxiety for people.
“We as an industry are committed to paying compensation for mesothelioma and other asbestos-related conditions as quickly as possible but are opposed to any change in this law.”
ENDS
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