One step forward, two steps back on pleural plaque
Victims of an asbestos-related disease that can act as a precursor to the deadly cancer mesothelioma have been given fresh hope of compensation - even as the Government was revealed to be in chaos over the issue.
A bill to overturn the Law Lords ruling denying payouts to sufferers from pleural plaques has finally cleared the commons. But ministers immediately made it known that they would be blocking the Damages (Asbestos-Related Conditions) Bill in the House of Lords if necessary. Their argument is that only 5% of pleural plaques victims go on to develop asbestos-related diseases and that changing the law would ‘open the floodgates’ to other compensation claims thought to be worth billions of pounds.
“It’s another case of the right hand not knowing what the left hand is doing when it comes to this emotive issue,” explains Nicholas Jervis, managing director with claims specialists 1stClaims. “The hope that victims of pleural plaques will finally be treated with the same dignity as any other work related illness victim seems to be a political hot potato that nobody is willing to make a final decision on. It’s actually a disgrace,” he adds.
Plural plaques is a condition causing scarring on the lungs and is increasingly believed to be a very good indicator that a victim has been exposed to asbestos. Although not fatal by themselves, pleural plaques are considered to be detrimental to health and further research into their link with the deadly asbestos-related cancer mesothelioma is ongoing. “Telling victims that yes, they are entitled to compensation and then pulling the rug from underneath them in the next breath by saying that the legislation allowing them to claim that compensation is to be blocked smacks of hypocrisy and of a Government that is ill-informed of the facts,” says Nicholas. “More evidence is emerging that pleural plaques act as an indicator of the possibility of developing asbestos related diseases, and to deny the scientific evidence because they’re worried it will cost money is outrageous,” he adds.
The decision to block the bill has far reaching consequences in areas with a history of heavy industry, where the ‘ticking time bomb’ of asbestos exposure means that many more victims every year will come forward. The death toll from asbestos-related diseases makes it one of the biggest industrial killers in the UK, with a continually climbing death toll expected to peak at as many as 2,450 deaths every year across the country by 2015. The link between pleural plaques and asbestos exposure is the subject of much debate, but the evidence is pointing towards a definite correlation between the two. The reason the condition is being disputed as being eligible for compensation is that pleural plaques in itself is not fatal, but may flag up sufferers as being at higher risk of developing life-threatening diseases later on.
Unfortunately it now looks highly unlikely that victims will be able to claim the normal levels of compensation payments for pleural plaques, although some voluntary payments might be made from a new compensation scheme.
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