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Asbestos Compensation Law – Scotland leads the way!

Posted by superadmin on November 2, 2011 (Blog)

It is extremely frustrating that having accepted an employers business and their  insurance premiums the insurance industry  continues to challenge the rights of those with asbestos related diseases.

One such asbestos related disease is pleural plaques, a symptomless thickening of lung membranes. People with this disease have not been able to  claim compensation since 17 October 2007 and prior to this ones ability to claim was extremely limited.

Although some people can survive without ill effects or knowledge that they have pleural plaques sufferers can endure years of anxiety and distress, breathlessness and a general deterioration  in their ability to perform tasks to a previous level. Many believe compensation should be available for this including Clydeside Action On Asbestos, who argued that the benign scarring on lungs proves past exposure to asbestos and increases the risk of fatal disease.

The insurance industry’s latest attempts to undermine the system have failed as the Supreme Court in London has ruled on the validity of Scotland’s law on compensation for pleural plaque patients, by backing the right of people in Scotland to claim damages. However if you have pleural plaques due to asbestos exposure in England and Wales there is no entitlement to compensation. Disappointingly  the UK Government has so far declined to follow the decision  of the Scottish Government – we can but hope they may change their mind!

If you or anyone you know is  affected by  exposure to asbestos or pleural plaques do not hesitate to contact Stripes Solicitors for advice on 0161 832 5000 and ask to speak to a specialist in our Industrial Disease team.