Court Of Appeals Stop Asbestos Compensation Claims for Pleural Plaques
Manchester, UK. 26 January, 2006
The Court Of Appeal in London yesterday stopped thousands of industrial disease sufferers from claiming personal injury compensation for Pleural Plaques, the scars that form around the lungs from exposure to asbestos fibres.
For the past 22 years anyone able to prove they had developed Pleural Plaques due to negligent exposure to asbestos by employers has been able to claim industrial disease compensation on either a provisional or final settlement basis. The decision by the Court Of Appeal now denies them the right to any compensation whatsoever.
Pauline Chandler, a personal injury solicitor and expert in industrial disease compensation cases with Manchester based law firm Pannone & Partners said, “Anyone who discovers they have Pleural Plaques has to live with the knowledge that they have a time bomb ticking away inside them. Whilst it is quite possible they may go on to live perfectly ordinary lives, they are equally aware that the scarring is there and a more serious condition could develop at any time.
“This is yet another blow for people who suffer from asbestos related diseases. Up until a year ago, anyone with Pleural Plaques could claim asbestos compensation up to £20,000 as a final settlement for their condition or £7,000 on a provisional basis. This changed to £7,000 as a final settlement or £4,000 as a provisional settlement figure in 2004. It was that decision the insurance companies successfully appealed in the case of Rothwell v Chemical & Insulating Co Ltd and others.
Now people will get absolutely no industrial disease compensation for Pleural Plaques despite the fact that their lungs are permanently scarred. The mental anguish of knowing they have Pleural Plaques is immense and deserves the sympathy and support of the law. At Pannone & Partners it is our hope that this decision will be appealed to The House of Lords.”
Pauline Chandler is a personal injury lawyer specialising in industrial disease compensation cases with Pannone & Partners Solicitors. Pauline has pioneered several industrial disease cases that have become legal precedents, including welder’s lung disease, asthma cases and asbestosis compensation claims. Pauline qualified as a solicitor in 1974 and is a Member of the Law Society Personal Injury Panel.
Pannone & Partners Solicitors is a full service law firm with over 300 lawyers and a legal staff of 620 people based in Manchester, UK.
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