Government Respond to Plural Plaques Petition
Those who signed the petition set up by the NW BTU Co-ord’s Chair Derek Maylor, will be fully aware of the Governments response to the petition. Details of which are reproduced below:
"We the undersigned petition the Prime Minister to .....address the decision by the House of Lords on 17th. October where they rejected claims of asbestos victims deeming that they had not suffered a "compensatable" injury. This decision will concern many people who are affected by pleural plaques."
Details of Petition:
"With reference to : UKHL 39 on appeal from: [2006] EWCA Civ 27. Pleural plaques is scarring to the lung wall caused by inhalation of asbestos and sufferers have often been exposed by reckless employers which is why victims deserve such compensation. The harm to the employee, by exposure to asbestos, in many such cases would have been due to a completely "foreseeable risk" and as such victims have a moral right to claim."
Response:
“The Government understands the concerns that have been expressed about the House of Lords judgment and the anxiety that is experienced by people who have been exposed to dangerous substances like asbestos, and who have been told they have pleural plaques. The Government is fully committed to supporting sufferers from mesothelioma and other asbestos-related diseases, and to providing a system which enables them to receive appropriate compensation as quickly and as easily as possible.
In the Compensation Act 2006 we brought forward legislation to enable claimants who have contracted mesothelioma after wrongful exposure to asbestos at different times by more than one "responsible person" to recover full compensation from any such person, rather than having to trace them all and recover compensation on a piecemeal basis. We have also worked with the Civil Justice Council, the judiciary and stakeholders to develop a new Practice Direction to be used by the courts when dealing with mesothelioma claims to ensure that claims are resolved as quickly as possible, and that interim payments can be awarded at the earliest opportunity. The Practice Direction came into effect on 6 April 2008.
Initiatives are also being taken forward by the Department for Work and Pensions, for example through provisions in the Child Maintenance and Other Payments Bill to provide up-front financial support to mesothelioma sufferers who were previously not eligible for help from the Government, including those who were exposed to asbestos from a relative (e.g. from washing their clothes).
The House of Lords judgment on pleural plaques raises very complex issues. It was a unanimous decision based on fundamental principles of the law of negligence, and the Government is very mindful of that. We are currently giving serious consideration to all the representations which have been made to us, and are actively exploring how people who have pleural plaques as a result of exposure to asbestos might be supported. We aim to announce our response as soon as we can.”
The petition received 437 signatures and can be found here
Source: Unionsafety
