A bill has been introduced in the Scottish Parliament that would allow compensation for pleural plaques.
Pleural plaques are smooth, white, raised irregular areas of fibrous collagen tissue that develop on the pleura (usually the parietal pleura) and often become calcified.
Pleural plaques are not considered pre-cancerous but are a certain indication of exposure to asbestos and therefore also an increased risk of developing other diseases such as mesothelioma and asbestosis.
The bill filed would overturn a ruling by the House of Lords that pleural plaques are not compensable. In 2007 the House of Lords ruled that because the condition has no adverse physical effects claimants should not be compensated for the anxiety caused by pleural plaques.
The Association of British Insurers has said that this bill “flies in the face of common sense.”
“The Scottish Parliament must now scrutinize this proposal very carefully. It risks considerable damage to the Scottish economy and imposing a significant cost on the Scottish taxpayer,” said Nick Starling, director of general insurance and health at the ABI, in a statement.
In a related news release a Scottish government official has issued a warning to lawyers not to seek rich pickings from this new legislation.
Launching the legislation, community safety minister Fergus Ewing said: “There has been evidence that lawyers who handled personal injury claims have benefited more than the victims.”
