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Asbestos disease claims stopped Asbestos disease claims stopped
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Thousands of British workers suffering from an asbestos-related disease will not be able to claim compensation, the Law Lords have ruled.Thousands of British workers suffering from an asbestos-related disease will not be able to claim compensation, the Law Lords have ruled.
The decision removes an established right to compensation for pleural plaques, a scarring of the lungs.The decision removes an established right to compensation for pleural plaques, a scarring of the lungs.
Union leaders have attacked the decision, saying it will lead to "massive savings" for insurance firms.Union leaders have attacked the decision, saying it will lead to "massive savings" for insurance firms.
Unions had appealed against an earlier ruling by the Court of Appeal in January 2006.Unions had appealed against an earlier ruling by the Court of Appeal in January 2006.
The Law Lords ruled that pleural plaques was not a disease.The Law Lords ruled that pleural plaques was not a disease.
They will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation Ian McFall Thompsons SolicitorsThey will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation Ian McFall Thompsons Solicitors
Derek Simpson, joint general secretary of Unite, said it was a "harsh" decision which will affect thousands of people with pleural plaques now and in the future.Derek Simpson, joint general secretary of Unite, said it was a "harsh" decision which will affect thousands of people with pleural plaques now and in the future.
"The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques," he said."The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques," he said.
Ian McFall, head of asbestos policy at Thompsons Solicitors, representing the union, added: "This decision is very disappointing for the thousands of people who are living with the worry of knowing that their lungs have been scarred by asbestos.Ian McFall, head of asbestos policy at Thompsons Solicitors, representing the union, added: "This decision is very disappointing for the thousands of people who are living with the worry of knowing that their lungs have been scarred by asbestos.
"They will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation.""They will be baffled and offended that the House of Lords has decided that pleural plaques is not worthy of any compensation."
Past rulingsPast rulings
Pleural plaques are areas of thick scar tissue which form in the chest lining and diaphragm and are caused by asbestos exposure.
Over time, this thickening of the pleural membrane, which lines the lungs, can make breathing difficult and can, in some cases, be accompanied by the development of serious respiratory diseases including mesothelioma and lung cancer.
The insurance firms said they should not be liable because pleural plaques was not a disease as it had no symptoms.
The Lords accepted that employers had been negligent but denied the workers the right to any form of redress Brendan Barber, TUC general secretary
The case dates back to November 2004 when 10 men went to court seeking compensation from insurance companies which wanted to stop payments.The case dates back to November 2004 when 10 men went to court seeking compensation from insurance companies which wanted to stop payments.
In February 2005, the High Court ruled that people suffering from pleural plaques should receive compensation.In February 2005, the High Court ruled that people suffering from pleural plaques should receive compensation.
It found there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety.It found there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety.
However, it reduced payment from between £5,000 and £15,000 to £3,000 and £7,000.However, it reduced payment from between £5,000 and £15,000 to £3,000 and £7,000.
Insurance companies appealed and the decision was overturned in 2006, ending 20 years of a standard legal right to compensation. Speaking about the latest ruling, TUC general secretary Brendan Barber said: "This is yet another attack, spearheaded by the insurance industry, on workers' ability to claim compensation for exposure to dangerous hazards at work.
"The Lords accepted that employers had been negligent but denied the workers the right to any form of redress."