Pleural Plaques - No Fault Proposals
Pleural plaques are small, localised areas of pleural thickening on the membrane covering the lungs, caused by the inhalation of asbestos fibres. Pleural plaques are in themselves benign but their presence is associated with an increased risk of developing asbestos-related conditions such as mesothelioma. At one time, it was possible to claim damages for negligent exposure to asbestos in the workplace which resulted in the presence of pleural plaques.
In October 2007, however, the House of Lords ruled (Johnston v NEI International Combustion Ltd.) that ‘the existence of pleural plaques does not constitute actionable or compensatable damage’. This essentially means that people diagnosed with the condition are no longer entitled to claim damages.
In response to this judgment, the Ministry of Justice has published a consultation paper which examines the law and the medical evidence underpinning the Lords’ decision and considers the possibility of changing the law of negligence to allow compensation to be claimed by those diagnosed with pleural plaques, effectively overturning the judgment.
The consultation also invites views on the merits of establishing a ‘no fault’ payment scheme for individuals who have been diagnosed with pleural plaques through exposure to asbestos at work. Two possible approaches are put forward for consideration, which are:
to establish a ‘no fault’ payment scheme limited to those with work related exposure to asbestos and diagnosed with pleural plaques within a fixed period prior to the House of Lords judgment who had not already received compensation; or
to establish a ‘no fault’ payment scheme for all those similarly exposed and diagnosed now or in the future.
A no fault scheme would provide a payment to any qualifying person exposed to asbestos in the workplace and diagnosed with pleural plaques, without any requirement on the part of the applicant to prove negligence on the part of an employer. The paper considers:
- whether any payment should be made and, if so, by whom;
- the amount of the payment; and
- the risks, benefits and costs of both schemes.
