Compensation for Pleural Plaques in Northern Ireland |
8th December 2011 |
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New legislation recently passed in Northern Ireland means that people
suffering from pleural plaques will be able to claim compensation.
This new ruling will take effect from 14
December 2011, with £2.5m already set aside for compensation. |
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| This reverses the House of Lords decision of 2007 in the
Johnston v NEI International Combustion Ltd and conjoined cases, which ruled victims could not claim
compensation for Pleural Plaques in the UK. |
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| On 12th October 2011 Legislation for Pleural Plaques compensation
in Scotland was challenged by insurers at the UK Supreme Court, which rejected their claims that the
legislation infringed their human rights and was outside the competence of the Scottish parliament. |
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| Northern Ireland Finance Minister Sammy Wilson said: |
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| " The challenge to the corresponding legislation in
Scotland cast a long shadow and I fought hard to get the Northern Ireland legislation through the assembly
and submitted for royal assent. However, I always believed that the policy objectives of the act were just
and fair and that belief has now been vindicated by the ruling of the UK Supreme Court in relation to the
Scottish legislation. " |
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| The Minister continued: |
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| " The 2011 act may be short and
targeted, but it is a vitally important act, which seeks to ensure the continued availability of a method
of redress for ordinary working men and women. " |
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| The announcement was welcomed by Unite, Britain's biggest union,
who called for an end to the denial of Pleural Plaques compensation in England and Wales. |
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| Howard Beckett Unite's director of legal services said:: |
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" It is great news that our members in Scotland and now
Northern Ireland can be compensated for developing the asbestos related condition, pleural plaques.
However, workers in England and Wales are left in the cold and have no rights to claim compensation
for being exposed to asbestos due to the negligence of their employers.
This segregation must end. It is
time the government woke up to the fact that exposure to asbestos is a serious health and safety issue, and
only by the fear of litigation can the excesses of irresponsible employers be prevented. " |
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| The news was also welcomed by Mark Durkan, the SDLP Foyle MP who
lobbied at Westminster for the reversal of the Law Lords decision of 2007. He said |
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| " I warmly welcome this new legislation coming into force which
will see pleural plaques reinstated as an actionable condition. I also commend the Executive for putting
aside £2.5m for claims. Victims who suffer with the condition caused by negligent exposure to asbestos
have waited long enough for justice, " |
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| If you have recently been diagnosed with Pleural Plaques in
Northern Ireland or elsewhere in the UK and would like some advice, please call us on
Free Phone: 0800 783 9535 and ask for Lynne Manners or Warren Miller. |
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