Pleural Plaques – Condition is Compensated in Scotland
Following a lengthy legal battle which commenced in October 2007, on 13th October this year the Supreme Court (formerly the House of Lords) ruled against the Insurance industry in its attempt to overturn the damages (Asbestos Related Conditions) (Scotland) Act 2009 in relation to said act having made the condition of Pleural Plaques compensatable in Scotland.
Pleural Plaques are areas of thickening on the membrane covering the lungs and are caused by the inhalation of asbestos fibres.
Although in most cases they are symptomless, they do show that the person has been exposed to asbestos fibres and so indicate an increased risk of that person developing an asbestos related condition in the future. Many people diagnosed with Pleural Plaques can become severely anxious regarding the risk of developing more serious asbestos related conditions.
For decades individuals were able to claim compensation for the development of pleural plaques from employers who negligently exposed them to asbestos at work.
In October 2007 the House of Lords found there was no legal for basis for such claims.
The Scottish Parliament in passing the damages (Asbestos Related Conditions) (Scotland) Act effectively reversed the House of Lords decision in relation to Pleural Plaques being non compensatable as far as Scotland was concerned.
Following this latest and possibly last attempt by the Insurance industry to overturn the Scottish Act making pleural plaques compensatable, the Supreme Court having ruled that the Holyrood Parliament acted within its powers in passing the said act individuals who have been diagnosed with pleural plaques and were exposed to asbestos under Scottish jurisdiction can now proceed with claims for compensation.
If you have been diagnosed with pleural plaques in the last 4-5 years please contact Quantum Claims whereupon we will be able to assess your claim and progress matters accordingly.