Saturday, March 6, 2010

Pleural Plaques Campaign - Thompson's Comment

This news item was sent to us by Workers Uniting Group members who have been campaigning on pleural plaques.

From Unite legal advisors Thompson's......


Thompsons has expressed disappointment at last week’s decision by the Government not to restore compensation for people with pleural plaques in England and Wales.

However, it welcomed a multi million pound package which will see increased state benefit payments for dependants of deceased asbestos victims and funding for research into asbestos related disease.

The announcement by the Ministry of Justice confirmed fears that the Government would not be overturning the House of Lords ruling on pleural plaques in October 2007. Instead it will make lump sum payments to those who had already begun a legal claim for pleural plaques at the time of the ruling.

It is anticipated that around 6,000 people will receive ex-gratia payments of £5,000 each. Others will receive nothing, despite being diagnosed with pleural plaques before and since the House of Lords changed the law on compensation.

The other measures announced include:

• The creation of an Employers' Liability Tracing Office to help people who have been injured or developed an industrial disease and to track down their employers’ liability insurance policies
• A Department of Work and Pensions consultation, currently underway, on the creation of an Employers’ Liability Insurance Bureau (see weekly LELR 155) to provide a fund of last resort for those who are unable to trace insurers
• Increased upfront payments for mesothelioma sufferers and their dependants
• A commitment to expand research into asbestos-related diseases, including considering how best to establish a network of medical practitioners to carry out research, with government support for increased investment alongside £3 million of funding from the insurance industry.
• A working group of claimant solicitors, trade unions, insurers, the judiciary and civil servants to examine litigation practices and procedures for compensation claims relating to mesothelioma, and to identify options for streamlining them in order to reduce the time taken to conclude cases
• Consideration of changes to the law to clarify the limitation period to bring a claim for mesothelioma, and resolve differences in claims settled before or after death
• The Third Parties (Rights against Insurers) Bill, currently before Parliament, which aims to simplify the process of bringing claims against the insurers of companies which no longer exist.

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