CWU Calls For Action On Pleural Plaques

The CWU has urged Prime Minister Gordon Brown to put an end to the compensation limbo" for 1000s of workers who suffer from pleural plaques (an asbestos related illness).

Unions across all sectors of the work force have called for the controversial ruling by the House of Lord in October 2007, which put an end to pleural plaques sufferers claiming compensation, to be overturned.

Pleural Plaques are the most common injury caused by exposure to asbestos. They appear as a white or yellow thickening on the pleura and are often found to be frequently bilateral (involving both lungs) and symmetric in shape and size.

People who have had heavy or prolonged exposure to asbestos are at risk of developing Pleural Plaques.  The biggest problem with Pleural Plaques is that it can lead to serious asbestos illnesses such as Mesothelioma or Asbestosis.

In Scotland, The Damages (Asbestos-Related Conditions) (Scotland) Bill will enable victims to continue to claim compensation through the courts for pleural plaques, pleural thickening and asbestos-related conditions.

The CWU Health, Safety & Environment Department responded to the recent Government (Ministry of Justice) Consultation Document and the CWU called for legislation to reverse the ruling and re-introduce compensation payments for victims. The Government is expected to announce its decision in November following a 3 month long consultation process. 

CWU National Health and Safety Officer Dave Joyce said:

“The House of Lords decision was harsh and a grave injustice to working people. The Lords ruling is based largely on the proposition that pleural plaques amounts to an injury without symptoms and therefore is not worthy of compensation. However the facts are that pleural plaques arise when deadly asbestos fibres are inhaled and eventually work their way through the lungs, permanently penetrating the lung tissue into the pleural cavity where they form plaques and can often cover large areas of the lungs.  

In far too many cases it's a sure indication that more serious and fatal asbestos-related illnesses will follow and inevitably anxiety often accompanies the diagnosis and that anxiety about the possibility of a fatal condition developing at a later stage can be disabling in itself. This unwelcome invasion of the body and psychological damage justifies an award of compensation in itself. Ironically, the Law Lords themselves indicated their strong sympathy for the plight of the victims in their ruling. I hope that the government will consider translating that sympathy into action and that the decision will be reversed by the Westminster Parliament.”

The Scottish Parliament has so far been more positive and is likely to reverse the decision by legislation.

Thousands of workers who were exposed to asbestos due to employer negligence have lost the right to claim compensation and have been plunged into compensation limbo by the House of Lords decision, in October 2007 and the decision has meant massive £25 million a year savings for UK Insurers of companies concerned with pay-outs averaging £5,000-£6,000. Recent research has predicted that around 150,000 UK workers asbestos-related pleural plaques claims could forestall in the coming 30 years which would save insurers up to £1.4 bn.

Dave added “The British Insurers arguing against new legislation to overturn the House of Lords decision on the grounds that pleural plaques don't impact on a person's health, and don't develop into asbestos‑related diseases should be asked if they are prepared to provide standard premium, unabated life insurance to pleural plaques victims? They are having it both ways, and it's scandalous that they should be allowed to sidestep the problem.”

ADemonstration and lobby to restore pleural plaques compensation at Westminster on Tuesday 28th October, 2008 took place to lobby Parliament to demand justice for asbestos victims and the restoration of compensation for victims of pleural plaques who are facing the twin blows of knowing they have a very high risk of developing an asbestos related disease that will kill them, and the denial of the compensation they and their families rightly deserve.

Source: CWU  

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