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Asbestos victims suffer from new postcode lottery
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A new law that has been approved by the Scottish Parliament this week has highlighted the plight of workers in England and Wales who were negligently exposed to asbestos by their employers.
According to legal experts Simpson Millar, the (Asbestos-related Conditions) (Scotland) Bill will enable people diagnosed with the condition benign pleural plaques to make a civil claim for compensation i.e. sue the person or persons responsible for exposing them to asbestos for damages, but only within the jurisdiction of the Scottish Parliament and via the Scottish Legal System.
According to Emma Costin, Head of Occupational Disease Claims at national solicitors firm Simpson Millar LLP, this would create a postcode lottery within the UK as someone suffering with the same condition living in England or Wales would be unable to claim. "Pleural plaques are the most common injury caused by exposure to asbestos. They appear on x ray as an area of scarring or thickening of the lung wall and are frequently bilateral (involving both lungs) and symmetric in shape and size. They are a tell-tale sign that someone has been exposed to a significant quantity of asbestos fibres. If someone is told that they have irreversible scarring on their lung walls caused by heavy asbestos exposure it is inevitably going to cause them and their family a great deal of anxiety."
"Pleural plaques typically develop 20 to 30 years after exposure. The greater a person's exposure to asbestos dust, the more likely it is that they will go on to develop pleural plaques. Although plaques don't develop into a more serious illness, they are an indicator that the victim is at risk of going on to develop such an illness and this is what causes the anxiety" added Emma.
The new law is designed to give workers the right in Scotland to seek compensation for Pleural Plaques, overturning the decision of the House of Lords in Johnston v NEI International Combustion in October 2007. Throughout the UK for at least the past 20 years victims of asbestos suffering with pleural plaques could sue the Defendant responsible for exposing them to asbestos and would recover typically £5,000 to £7,000 compensation if they settled on a provisional basis.
"As a firm Simpson Millar has acted for hundreds of victims of pleural plaques over the years and recovered substantial compensation. We continue to be contacted by victims of pleural plaques who are following events in Scotland very closely and while we understood that a government announcement on the position in England & Wales was expected by the end of January this year, to date no such announcement has been forthcoming. We call for action from Westminster to address the injustice."
Four of the top UK insurance companies, AXA, Norwich Union, RSA and Zurich, are preparing to seek a judicial review of this legislation which was expected to pass its final stage on Wednesday 11 March 2009 due to the overwhelming cross party support.
Regardless of the current position in England and Wales it is sill important to seek legal advice if you have been exposed to asbestos and diagnosed with pleural plaques or any asbestos related illness.
If you are suffering from an asbestos related disease you could be entitled to compensation. Call our asbestos illness team now on 0844 858 3600 or complete our online enquiry form.
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Emma Costin
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12/03/2009
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