Scots to put right pleural plaques snub
Scots to put right pleural plaques snub
Scottish ministers are to overturn a House of Lords ruling preventing workers suing employers over asbestos-related pleural plaques. The ruling prevented compensation claims for pleural plaques, a scarring of the lungs, arguing that it was technically not a disease (Risks 328). But Scottish justice secretary Kenny MacAskill said those with the condition had an increased risk of diseases like mesothelioma. The Scottish government is to bring forward a bill to make the changes. The planned measures, which would take effect from the date of the Lords judgment on 17 October, would mean that those negligently exposed to asbestos and who were diagnosed with pleural plaques could claim damages. Kenny MacAskill said: 'Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma and a small but significantly increased risk of developing bronchial carcinoma. This will mean that people diagnosed with this condition will have to live with the worry of possible future ill health for the rest of their lives. That is why this Scottish government is to take steps to reverse the House of Lords judgment and ensure that people with pleural plaques can continue to raise an action for damages. We have listened to the many voices who have campaigned on behalf of asbestos sufferers.' He added: 'This government takes this issue very seriously and I hope this move will bring some relief to people living with this condition.' Adrian Budgen of law firm Irwin Mitchell criticised the 'postcode lottery' on asbestos payouts. He said: 'Whilst this is very good news for Scottish asbestos victims I am deeply dismayed that the government will not acknowledge the Lords decision as a massive injustice to hard working and innocent victims of this deadly material.'
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