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18/07/2008

Government Asbestos Consultation A Step Forward But Problems Remain

Construction union UCATT have reservations that the Government's proposals of providing financial aid to pleural plaques victims are adequate. However the union welcomes the Government's decision to consult on the issue.

Pleural plaques are scarring of the lungs caused by heavy and prolonged exposure to asbestos. The plaques are visible by x-ray when the scars calcify. Pleural plaque victims suffer limited physical symptoms, but severe mental anguish. Pleural plaque sufferers have a highly increased chance of contracting the incurable asbestos related lung cancer mesothelioma.

Last October, following a case brought forward by the insurance industry, the Law Lords decided to overturn over 20 years of Common Law and ruled that pleural plaques was no longer a compenstable illness.
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Prior to the ruling pleural plaque sufferers could expect to receive compensation for the condition. Crucially, however the appropriate insurers would have been identified and if they then contracted mesothelioma, the compensation process would be quicker and they could expect to receive a payout during their lifetime.

The Law Lords ruling is estimated to be worth in the region of £1.4 billion to the insurance industry.

Alan Ritchie, General Secretary of UCATT, said: "It is good news that the Government is finally prepared to consult on this matter which is a grave injustice to working people. However we must not allow ourselves to get into a situation where there is a postcode lottery in pleural plaque compensation, with workers in Scotland getting a better deal than those living south of the border."

Mr Ritchie added: "The suggestion of creating a special scheme does not go far enough. Schemes always act for the lowest denominator, so those with the worst symptoms will not get adequate compensation. A scheme undermines the entire principle of identifying the employer's liability and the fact that these workers should be entitled to compensation, for injuries to their bodies which were entirely avoidable."

(CD/JM)

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