Dealing With Previous Pleural Plaque ClaimsFind out what you can do if you've previously claimed for pleural plaque and your condition has worsened
What can I do if I’ve previously settled a pleural plaque claim but my condition has become more severe?
The House of Lords ruled in 2007 that pleural plaque was no longer a compensable industrial disease in England and Wales. That remains the position until the present day.
Prior to 2007 however many thousands of workers who had been exposed to asbestos did claim for the condition and were awarded financial compensation. While at the time such individuals may have felt ‘fortunate’ to have secured an award prior to the House of Lords bringing the payments to an end, both they and their families may no longer feel the same way.
Whilst it is true to say that, in the vast majority of cases at least, pleural plaques are physically harmless and in themselves do not cause any symptoms they are an indicator of past significant exposure to asbestos. As the more serious asbestos related conditions can take many years to manifest it is entirely possible that some of the individuals who accepted a pay-out for pleural plaque prior to 2007 have now developed:
- Asbestos related lung cancer
- Diffuse pleural thickening
If so they will now find that despite having developed life changing, and indeed sometimes life taking conditions, they cannot claim the compensation they both deserve and need as a result of their decision to accept a few thousand pounds for pleural plaque many years ago.
Most pleural plaque claimants accepted what is known as a ‘full and final award’ when they settled their case without being fully aware of the implications – namely that they were barring themselves from bringing a claim in the future if they went on to develop any of the more serious asbestos related diseases as listed above.
The solicitors who settled the pleural plaque cases should have given a full explanation of the risks involved in accepting a full and final settlement and what the alternatives and consequences would be including taking a smaller pay-out at the time, known as a provisional settlement, which would still allow a future claim to be made should a more serious condition develop.
Many solicitors did just that – they did their job diligently and professionally and made sure that their clients were not only given the full facts but also that they understood them. Sadly however many solicitors were not so thorough.
If you or a family member has developed an asbestos related condition only to be told that you cannot make a compensation claim as a result of a previous pleural plaque settlement then we may be able to help. We will examine the advice that was given at the time of the original settlement and if we feel that it was inadequate, unclear or even misleading we may be able to help put things right.
Our no win no fee service covers the families of Mesothelioma sufferers as well as the individual themselves so contact us now free of charge and without obligation to see if we can help.
Call us now on 0800 122 3130 or click here to start your claim.
Claiming For Your Mesothelioma
Free Legal Advice
If you are unsure whether you can claim compensation for a Mesothelioma as a consequence of your work environment, then call our personal injury claims team for free for no obligation advice on making a claim. They will ask you some simple questions about your condition, talk to you about what’s happened and can tell you if you have a viable claim for compensation or not. Call us 24/7 on 0800 122 3130.
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