If you've been diagnosed with pleural plaques following asbestos exposure in Scotland, you are entitled under the law to make a compensation claim. Pleural plaques are the most common health problem associated with asbestos exposure, and Scotland and Northern Ireland are the only parts of the UK where pleural plaques claims remain possible.
What are pleural plaques?
The pleura are two thin membranes which surround the lung. Several years after considerable asbestos exposure, the microscopic asbestos fibres inhaled are found to have penetrated the outer membrane.
When the asbestos fibres arrive there however, the characteristics of the membrane may alter. Locally the pleura around the asbestos begins to thicken. After some time this thickened pleura, the plaque, may then also become calcified and therefore noticeable on a chest x-ray.
In most cases the plaques are asymptomatic, neither causing pain nor breathlessness. A person often does not know they are present until an x-ray is carried out for other reasons. In some cases multiple plaques may occur and cause a restriction of the chest wall making breathing more difficult. In very few cases the plaques may also distort the lung below, decreasing their efficiency.
How pleural plaques relate to other asbestos diseases
It is suspected that there is a relationship between the extent of an individual's exposure to asbestos and the number of plaques that develop. A greater number of plaques will likely reflect higher exposure.
Pleural plaques do not mean that you have, or will develop, another asbestos-related disease such as asbestosis, diffuse pleural thickening, lung cancer or mesothelioma. However if plaques are present they may suggest asbestos as the cause of these other diseases.
The existence of pleural plaques does suggest some exposure to asbestos which results in a risk of the development of one or more of these other diseases.
Your right to claim compensation in Scotland
In 2007 the House of Lords blocked compensation claims for pleural plaques across the UK. Scotland's Parliament introduced a new Act, the Damages (Asbestos Related Conditions) (Scotland) Act 2009, which reinstated the right to claim compensation. Neither England nor Wales followed suit, so compensation for pleural plaques alone is not available there. Thompsons Solicitors were directly involved in defending this legislation when insurance companies took action against it.
By claiming now, you are also leaving your options open for the future. Should your disease progress into a more serious illness such as mesothelioma, a provisional damages settlement will protect your right to go back to court later.
Time limits for pleural plaques claims
In Scotland, you have three years from the date of diagnosis to bring a pleural plaques claim. If you miss this deadline you may be prevented from making any future asbestos claim, even if you are later diagnosed with a more serious condition.
That three-year rule is absolute. It is one of the most important things to be aware of if you've received a diagnosis.
John Ferguson's story
John Ferguson, 71, was employed as a joiner on the iconic QE2 during its construction in 1965. The asbestos boards he worked with daily contained fibres that would later cause him to develop pleural plaques. His worsening breathlessness led to a diagnosis in 2007. It was later discovered that this condition had been detected during his heart operation years earlier.
John's case became the subject of a major judicial review, in which Thompsons Solicitors successfully defended the Scottish Government's pleural plaques legislation against insurance companies trying to block compensation for asbestos victims. The result ensured that workers like John could seek rightful compensation for their suffering, even when no other symptoms were present.
John, a widower and father of two, now lives with the condition, spending time in warmer climates like Turkey to help with his breathing. His case is a reminder of what the law can achieve when it works properly, and of the difference a determined legal team can make.
Frequently asked questions
Yes. Thompsons' industrial disease solicitors are able to identify the relevant insurer even if the company has been wound up for a number of years.
Speak to an asbestos claims solicitor today
If you would like free and confidential advice about pleural plaques claims, asbestos-related disease and whether or not you are entitled to make a claim, speak to the specialist industrial disease solicitors at Thompsons in Scotland today.
Complete our online claim form, or call us today on 0800 0891 331.
