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Over the years asbestos compensation law has caused much controversy between asbestos disease sufferers, insurers of the companies responsible for exposing them to the deadly fibres and personal injury solicitors who present the litigation.
In March 2009, a new law was passed in Scotland that allowed Scottish citizens diagnosed with pleural plaques from past exposure to asbestos to bring asbestos compensation claims against insurers of the responsible employer.
Asbestos compensation and the Damages Act
The Damages Act won cross-party support at Holyrood and although pleural plaques do not necessarily develop into or cause mesothelioma and other forms of asbestosis, they do signify an increased risk for the sufferer and they confirm exposure to asbestos.
However, in June 2009, it was reported that UK insurers would be going to the Court of Session in Edinburgh in an attempt to overturn the new law.
The BBC reported that Nick Starling, from the Association of British Insurers, said, "There is a fundamental issue here, which is that compensation needs to be paid on the basis of damage.
"Pleural plaques doesn't cause damage, it is a symptom of exposure, and we think that that fundamental change in the law which the Damages Act is bringing in, has to be challenged."
Insurers argued that ministers had underestimated the potential cost of claims. There was also concern that allowing pleural plaque sufferers to claim asbestos compensation would set a precedent and could be contrary to the European Convention on Human Rights.
The Scottish Government said it would defend the Damages Act.
Asbestos compensation from the experts at YouClaim
Although UK residents suffering with pleural plaques cannot at the time of writing (June 2009) make an asbestos compensation claim after the House of Lords ruled as such, at YouClaim we deal with asbestosis sufferers regularly and we understand how distressing the disease can be.
Our dedicated personal injury solicitors have years of experience in dealing with the complex issues surrounding asbestosis claims. We have already helped many people get 100% compensation from their mesothelioma claim and, as we operate on a strictly no win, no fee basis, you can be sure you will never be charged for our professional litigation services.
Call our free UK helpline now on 0800 10 757 95 or you can request a more convenient time when we can call you back. Alternatively, fill in the online claim form and we will look into your asbestos compensation case before we call you to discuss it further. Above all, at YouClaim we are here to help.
