What are Pleural Plaques?
Pleural plaques are areas of thickening or scarring on the lining of the lungs and are most commonly caused by a person’s exposure to asbestos. They are often discovered incidentally during chest X-rays or CT scans and usually do not cause respiratory symptoms. However, many people diagnosed with pleural plaques understandably worry about their health and wonder whether they may be entitled to compensation.
Pleural plaques develop after inhaling asbestos fibres, sometimes decades earlier. They are considered a marker of a person’s past asbestos exposure, rather than a disease that causes a disability. While pleural plaques themselves are typically harmless, their presence can indicate a possible future risk of more serious asbestos-related conditions such as asbestosis, diffuse pleural thickening, asbestos-related pleural effusion, or mesothelioma.
The Legal Position in England and Wales
In 2007, the UK’s highest Court at the time, the House of Lords, ruled in Johnston v NEI International Combustion Ltd that pleural plaques do not constitute a compensable injury because they do not typically cause symptoms or physical impairment.
This decision means that in England and Wales, you generally cannot claim compensation solely for pleural plaques unless there is evidence that you are suffering from a restrictive respiratory disability. Sight of a lung function test would be needed to assess whether a restrictive respiratory disability is evident.
When might you still be able to claim?
Even if you cannot claim for pleural plaques alone (in England or Wales), you may be able to claim if you later develop an asbestos-related disease such as asbestosis, diffuse pleural thickening, asbestos-related pleural effusion or mesothelioma. It must also be possible to prove that a person’s exposure to asbestos was due to their employer’s negligence, as your employer failed to follow safety regulations at the time of your employment.
In some cases, pleural plaques alone can be so extensive that they cause a restrictive defect on a person’s lung capacity. To determine this, the results of full lung function tests will be needed, which can often be arranged at your GP surgery. We would be happy to review the results of your lung function tests and further evaluate your eligibility to pursue a claim.
Time limits for legal claims
In most personal injury cases in England and Wales, there is a three-year time limit within which a person has to bring a legal claim. This three-year period starts from the date that you become aware of a significant injury which you should have attributed in whole or in part, to the negligence of your employer. Although the Court can exercise its discretion in extending this time period, typically, a person will be prevented from bringing an asbestos compensation claim at any future date.
What should you do if you have been diagnosed with pleural plaques?
It is advisable that your health is monitored regularly with check-ups and scans, as advised by your GP or treating practitioner. Importantly, you should also seek advice from an expert solicitor who specialises in asbestos-related claims, as soon as possible.
Here at Asbestos Justice, our experienced Industrial Disease team can assist in assessing your potential asbestos related disease claim. We carefully gather details of your employment history and medical records, whilst also taking detailed information from you about your exposure to asbestos.
If you have been exposed to asbestos in the past and have been diagnosed with an asbestos-related condition, we would be more than happy to advise you on whether you can claim for compensation. Call us today on 0800 038 6767 or contact us for a free, no-obligation chat to see how we can help you. All of our work is done on an entirely no win, no fee basis.