A big decision is on the horizon in terms of bringing personal injury claims. This week the Ministry of Justice is expected to reveal whether it will reverse a landmark judgement that currently prevents people who have suffered illness related to asbestos to sue for compensation.
If the decision is overturned it will mean as many as 90,000 people a year who have been diagnosed with pleural plaques may be able to make a claim. Currently the Industrial Injuries Advisory Council has decided against adding the condition to the approved list of “compensatable disablement” schemes.
Exposure to asbestos can cause people to develop mesothelioma and other asbestos-related cancers. The majority of people who are diagnosed with the condition mesothelioma find they cannot continue in a significant working capacity. The disease is usually caused by inhaling asbestos particles.
The disease is a slow burner and symptoms may not appear until over 20 years after the exposure. Amongst the symptoms of the disease are chest pains, shortness of breath, fatigue, wheezing. In severe cases of the disease symptoms include, blood clots in the vein, jaundice, pleural effusion or severe bleeding in many body organs. Those previously thought vulnerable to the disease were those who worked in the mining industry and with industrial products but now cases are starting to emerge in all number of professions.
The sale of asbestos was banned 10 years ago but remains as insulation to pipes and ducts in numerous buildings.
In relation to the current position of the condition the Industrial Injuries Advisory Council declared that pleural plaques should not automatically trigger statutory payments as they do not alter the structure of the lungs or restrict their expansion. Therefore, they would not be expected to cause an important degree of impaired lung function or disability.
