By Kevin Valler 

Pleural Plaques are areas of scarring on the lungs caused by asbestos exposure. It is recognised that the scarring does not normally lead to symptoms of breathlessness. It does however have an associated risk of more serious asbestos related conditions such as Pleural Thickening, Asbestosis, Lung Cancer, and Mesothelioma. As a result people diagnosed with Pleural Plaques often suffer with serious levels of anxiety.

For many years people diagnosed with Pleural Plaques have successfully claimed compensation against their former employers. Often they have been allowed to reserve their right to claim further compensation in the event that they developed another asbestos related condition.  Unfortunately insurers representing Defendants have recently taken test cases arguing that compensation should not be paid to people diagnosed with Pleural Plaques on the basis that they cause no physical disability.  

That argument, initially dismissed by the High Court, was last year accepted by the Court of Appeal. As matters currently stand, Claimants diagnosed with Pleural Plaques and suffering the significant anxiety that must cause, have no right to claim compensation. 

The issue is shortly to be resolved. The House of Lords heard the appeal against the Court of Appeal decision in June and July of this year. The Judgement is likely to be handed down in the next few months. It will have a significant impact for both Claimants and insurers alike.