CWU Calls On Government To Restore Pleural Plaques Compensation

As part of the Union's ongoing Asbestos campaign - the CWU Health, Safety & Environment Department has responded to the Ministry of Justice's consultation on the government's proposed response to the House of Lords decision on 17 October 2007 which controversially brought to an end the right of workers to claim any compensation if they've developed 'Pleural Plaques' due to negligent exposure to asbestos by employers. A right that had existed for the past 22 years. The House of Lords decision was a harsh decision for Trade Union members but meant massive £25 million a year savings for the Insurers of companies concerned.

Pleural plaques are irreversible thick scar tissue damage to the lining of the lungs caused by Asbestos exposure and are directly associated with an increased risk of developing very serious, fatal Asbestos related lung diseases, like Mesothelioma, or Asbestosis which can often lead to a slow and painful death. Diagnosis of pleural plaques in itself, can be difficult to live with as individuals have to live with the worry of knowing that their lungs have been scarred by asbestos and a 'time-bomb' ticking away inside them.

Asbestos has been the main cause of occupational death from about 1950 onwards and is still the greatest single work-related cause of death from ill health. Past exposure is now responsible for about 4,000 people dying from asbestos-related cancers every year. This figure is expected to rise over the next ten years before we see a decline.

The CWU along with other Trade Unions and Asbestos victims support and Campaign groups, plus backbench MPs have been campaigning over the last year for the Government to act positively and reverse a decision of the Law Lords. 

Justice Minister Bridget Prentice MP launched the Ministry of Justice's consultation on ways to alleviate the House of Lords decision stating that "The Government understands 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 and Government wants to find the best way forward to provide that support. The Government is committed to consulting on a way forward and welcomes 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".

One option being considered would be to overturn the decision by legislation. This route has been taken by the Scottish Executive, which introduced the Damages (Asbestos‑Related Conditions) (Scotland) Bill in June.  But the Westminster Government have expressed misgivings about interfering with the Law Lords' decision. The consultation document states "While we invite views on overturning the judgment, we are not currently minded to favour this approach, not least because of the implications for the fundamental integrity of the law of negligence".

Other possibilities include improving understanding of the condition, in particular providing support and reassurance to those diagnosed, and setting up a "no fault" compensation scheme to provide financial support. The parameters of such a scheme and whether the cost would fall on insurers or taxpayers have been left open for discussion.
Not surprisingly the Association of British Insurers are arguing against new legislation to overturn the House of Lords decision and they state that the way forward must be through education to reassure and allay the concerns of people with pleural plaques. Amazingly they state that Pleural Plaques are symptomless, don't impact on a person's health, and don't develop into asbestos‑related diseases!.

CWU's National Health, Safety & Environment Officer Dave Joyce said "The good news is that the Government is finally prepared to consult on this matter and have also commissioned independent medical research on pleural plaques. The House of Lords decision was a grave injustice to working people. The CWU believes it is wrong the employers should evade responsibility in this way. Those employers breaching Asbestos Regulations must be prosecuted by the HSE in the first instance and those workers diagnosed with pleural plaques should be entitled to get compensation with payments funded by those employers or their insurers who negligently exposed their workers." "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.

However whether the Government's proposals go far enough remains to be seen. The Government has said it's not minded to overturn the Law Lords decision so it seems likely that a ‘no fault’ payment schemes will be introduced to compensate victims providing a 'flat rate' financial aid payment to pleural plaques victims.

The suggested creation of a special scheme may not go far enough unless payment levels are pitched at the right level to ensure those with the worst symptoms get adequate compensation. The danger with such a scheme is that culpable employers are freed from liability compensation plus we may have a 'postcode lottery' in pleural plaque compensation, with workers in Scotland getting a better deal than those living south of the border."

Source: CWU

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