Pleural plaques are a form of scarring of the lungs. Pleural plaques do not usually cause any symptoms but they are an indication of previous exposure to asbestos. People with pleural plaques often become anxious, understandably so, that they will develop a fatal asbestos related disease such as mesothelioma.
In 2006 the law changed in relation to pleural plaques. The Court of Appeal ruled that people who suffer from the asbestos related condition would no longer be entitled to recover compensation.
If you have pleural plaques you are at an increased risk of developing other asbestos related illnesses such as asbestosis and mesothelioma. While the ruling of the Court of Appeal still stands, people who are suffering from pleural plaques may not be entitled to recover compensation.
Unfortunately the House of Lords did not overrule the Court of Appeal meaning that in England and Wales you are not able to recover compensation for pleural plaques. One of the main arguments by insurance companies was that pleural plaques in itself is symptomless. Insurance companies argued that although people with pleural plaques were bound to be anxious about contracting a more serious condition, pleural plaques in itself was not a compensatable injury as there were no symptoms or effects associated with it. If a more serious condition is contracted then a person becomes eligible to claim compensation at that stage.
There is now a new jurisdictional issue to consider as well. The so called postcode lottery returns. In Scotland the ruling of the House of Lords has been overturned by Scottish Parliament. So if the exposure to asbestos occurred in Scotland you are entitled to recover compensation for pleural plaques. You can also recover if the exposure to asbestos occurred in Northern Ireland, as a similar overruling of the House of Lords decision has taken place there. The House of Lords judgement remains law in England and Wales meaning that sufferers of pleural plaques are not eligible to recover compensation unless they contract a more serious asbestos related condition such as pleural thickening or mesothelioma. Due to this postcode difference there has been increasing pressure for Parliament to act and change the law in England and Wales in line with the law in Scotland and Northern Ireland. So far, nothing has changed. It is estimated that opening up pleural plaques claims would cost the insurance industry billions of pounds in compensation. However the current system is clearly unfair and unjust for those who are suffering from pleural plaques.
At the moment pleural plaques sufferers in England and Wales (that is where the asbestos exposure occurred in England or Wales) are left in limbo. We hope that the current situation in England and Wales changes as many people are suffering from pleural plaques, which in turns causes them to be anxious and depressed about developing a more serious asbestos related disease.
