Pleural plaques: Government consults on future of claims

The Government launched a consultation today (9 July) on how best to deal with people who have developed pleural plaques after being negligently exposed to asbestos at work.

Pleural plaques are small localised areas of fibrosis found within the pleura of the lung caused by asbestos exposure. They do not usually cause significant symptoms and do not impair lung function. Pleural plaques are in themselves benign but are a marker of exposure to asbestos, which may eventually cause further illness.

On the basis of certain High Court decisions in the 1980s, it was possible for people to be awarded damages for negligent exposure to asbestos which had led to the presence of pleural plaques. However, in October 2007, the Law Lords ruled that pleural plaques were not actionable or compensatable, meaning that people who have been diagnosed with them are no longer able to claim compensation under the civil law of negligence.

The Ministry of Justice consultation paper asks for views on the most appropriate way to respond to the Law Lords decision. It proposes action to improve understanding of pleural plaques and to provide support and reassurance to those with pleural plaques.

It also asks whether changing the law of negligence (so that compensation can be claimed through the civil courts as used to be the case) would or would not be appropriate, and seeks views on the merits of offering ‘no fault’ financial support (where the employer would not have to be proved negligent) to people diagnosed with pleural plaques, and on possible ways of doing this.  

The suggestion in the consultation is that the ‘no fault’ financial support would be provided by the Government and insurers.

Justice Minister Bridget Prentice MP says:

"We understand the concern and anxiety experienced by people who have been exposed to dangerous substances like asbestos, and who have been told they have pleural plaques. The Law Lords have made their decision on legal grounds but those with pleural plaques may still need support. We need to find the best way forward to provide that support.

"The Government is committed to consulting on a way forward and welcome views on how people who have been exposed to asbestos, and developed pleural plaques, might be helped. Providing reassurance to people and offering financial support are among the suggestions we are asking for views on."

Compensation is already available for a range of asbestos-related diseases such as mesothelioma, asbestosis, pneumoconiosis and asbestos-related lung cancer, and the House of Lords judgment confirms that if the claimants did develop any recognised asbestos-related disease in future they would then have a claim in respect of that disease.

The Ministry of Justice consultation suggests that the Government will not follow the lead of the Scottish Government, which recently announced legislation to make sure that people with pleural plaques can still make a claim for damages as they give rise to anxiety and signify an increased risk of developing very serious illness as a result of exposure to asbestos.