You’ve been to a doctor and had a scan, the results come back to say that you have small patches of scarring on the pleura of your lung. The doctor then tells you that you have a condition called pleural plaques and mentions that this can be caused by exposure to asbestos. You think back to your working life and how you came to be exposed to asbestos in the past.
You wonder to yourself; Could I make a claim for my asbestos-related pleural plaques?
Unfortunately, the short answer is probably not and here’s why…
The House of Lords’ Decision
Prior to 2007, it was possible for a claim to be made for asbestos-related pleural plaques in England and Wales and many were successfully made. After this point, however, a claim can no longer be brought for this condition. This is following a decision made by the Supreme Court of Justice, at that time known as the House of Lords. The highest court in the land decided that as pleural plaques are virtually symptomless, a claim should not be able to be brought for the condition. The reasoning behind this is, due to its often-symptomless nature, is that it is not classified as an injury or disability and there cannot be a legal basis for a claim.
Claims in other jurisdictions outside of England and Wales
Despite the above however, it is important to note that this decision was made by the courts of England and Wales and in turn, only applies to the courts of England and Wales. In other countries, such as Scotland and Northern Ireland for example, it is still possible to make a claim for asbestos-related pleural plaques diagnosis. The deciding factor of whether you can claim in one of these countries that still supports pleural plaques claims, is where your exposure took place and whether the employers would be held liable for exposure that occurred in a certain place. It is important to bear this in mind if your employment and exposure occurred outside of England and Wales as some claims can still proceed.
Things to watch out for
Other points to note are that pleural plaques may be an indicator that you either have or could possibly develop a more serious asbestos-related disease. Following a diagnosis of pleural plaques, it is always good practice to undergo regular check-ups and ensure that any symptoms of breathlessness, coughing or any other respiratory changes are investigated. If any further asbestos-related diseases do arise, such as asbestosis (asbestos-related pulmonary fibrosis), pleural thickening (thickening of the pleura of the lungs), pleural effusions (fluid in the pleural cavity of the lungs), mesothelioma or any other related lung cancer, these are conditions that can be claimed for. It is important to begin the making of a claim as soon as possible, as you only have three years to bring a claim from the date you noticed significant symptoms which you should have associated with your asbestos exposure.
We have succeeded in hundreds of claims for clients who have sadly been diagnosed with asbestos-related conditions and are here to help with any advice you may need.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or any other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.