A decision to reform an unjust Scottish law so that victims of deadly cancers caused by asbestos can receive compensation is the compassionate thing to do, lawyers say.
“People with ‘pleural plaques’, caused by exposure to asbestos, have three years from diagnosis to make a claim for compensation. Missing this deadline means they are permanently blocked from making a claim if they later develop a more serious asbestos-related disease,” said Gordon Dalyell, the Scotland representative for the Association of Personal Injury Lawyers (APIL).
Now the Scottish Government has said it will introduce legislation later this year to clarify when the three-year time limit to bring a claim begins.
“Pleural plaques are scar tissue on the lungs, which do not cause physical symptoms, and do not go on to cause cancer. This is why many people with pleural plaques do not claim compensation,” Mr Dalyell said.
“But the clock for bringing a claim for an asbestos-related disease starts ticking once a person knows they have pleural plaques. They must bring a claim and include a request for provisional damages, which allows them to return to court and seek further compensation if they subsequently develop a more serious asbestos-related illness.
“If a claim is not brought within three years for pleural plaques, and the person does develop, for example, mesothelioma which is a terminal cancer caused by exposure to asbestos, then at present the law says they cannot go on to claim for the mesothelioma,” said Mr Dalyell, who is based in Edinburgh.
“A terminal diagnosis will be when victims most need compensation to provide financial security, therapies and care in their dying days.
“Many people are simply unaware that they need to bring a claim within three years of a pleural plaques diagnosis to preserve their right to pursue a later claim for a more serious asbestos-related disease,” he said.
“Clarifying limitation will give terminally ill people with certain asbestos conditions the access to justice they need. It is the right and compassionate thing to do,” he added.
Victims of pleural plaques cannot claim compensation for the condition in England and Wales.