Specialists in pursuing claims for people harmed through work or during medical treatment
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10th Feb 2010
New hope for asbestos victims
A South Yorkshire industrial disease specialist has welcomed a renewed bid to overturn a government decision which denies compensation to thousands of victims of an asbestos-related lung disease.
Victoria Elves, a lawyer at Barnsley-based Raleys Solicitors, said two new bills currently being debated in Parliament could pave the way to damages being paid to sufferers of the condition pleural plaques after payments were stopped by a law lords ruling in 2007.
Ms Elves has campaigned for that decision to be over-turned ever since, saying it has denied hundreds of former industrial workers in South Yorkshire access to justice for being exposed to deadly asbestos dust during their careers.
She said: “The government has maintained its position that because pleural plaques do not cause any symptoms in themselves, sufferers should not be eligible for compensation. But pleural plaques are an indication that the lungs have been damaged by exposure to asbestos. Studies have shown that victims are more likely to go on to develop asbestos-related diseases such as mesothelioma, asbestosis and lung cancer, which are debilitating and often fatal.
“The government has been challenged on its position from all quarters, but has stalled time and time again when asked to reverse its decision. This latest bid to resurrect the right of pleural plaques sufferers to claim compensation is very welcome and not before time. I can only hope it passes through into law sooner rather than later.”
News of the bills, which have been put forward by Labour backbencher Andrew Dinsmore, came amid reports that the government was preparing to announce a new £70m compensation package for victims of asbestos-related disease. The package is rumoured to include an offer of a “no-fault pay-out” of £5,000 to pleural plaques sufferers who lodged legal action before the 2007 law lords ruling blocked further compensation claims, but excludes all other sufferers from making claims.
Ms Elves said: “If true, this package would be a body-blow to victims. We already have a situation where pleural plaques sufferers in Scotland are able to claim compensation, whereas those in England and Wales are not. Offering a pay-out to some victims but barring others from the justice they deserve would create even more inequality.
“Being diagnosed with pleural plaques is distressing. People who know they have been exposed to asbestos often live with the worry it might make them ill in the future, and plaques is confirmation that asbestos has caused damage to the lungs. Why should victims have to wait until they develop a more serious illness before they are able to seek justice for the being exposed?”
Pleural plaques are small to medium sized areas of scarring on the lining of the lungs caused by asbestos. It is estimated that between a third and a half of all workers exposed to asbestos during their working lives will develop pleural plaques. Before the Court of Appeal stopped compensation payments, sufferers were entitled to compensation of up to £15,000.
Ends
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