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13/04/2011

Welcome For Scottish Plaques Compensation

Construction union UCATT have welcomed the decision by the Court of Session in Scotland to reject a legal bid by the insurance industry to overturn a law, which reinstates compensation for pleural plaques victims.

UCATT are now renewing their call for the Government to pass a similar bill to restore compensation for sufferers in England and Wales.

In 2009 the Scottish Parliament passed the Damages Act, which restored compensation for pleural plaques (scarring of the lungs caused by exposure to asbestos) following a decision by the Law Lords in 2007, which barred compensation.

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However, when the law was passed the insurance industry launched a legal case to try to overturn the Act, the decision of the Court of Session means that their case has been defeated.

While the Scottish Parliament have voted to restore compensation and the Northern Ireland Assembly are taking similar action, the British Government refused to introduce a similar law to cover England and Wales. Only a small number of pleural plaques victims, who had already begun the legal process to claim compensation when the Law Lords made their decision, will receive any form of compensation.

George Guy, Acting General Secretary of UCATT, said: "It is morally unjustifiable that the vast majority of pleural plaques victims in England and Wales continue to be denied compensation. Employers who knew the dangers needlessly exposed workers to asbestos. All victims deserve compensation regardless of where they live."

Due to the legal case mounted by the insurance industry pleural plaques victims in Scotland have not yet been able to begin compensation claims for their injuries, despite the Damages Act being passed in 2009.

(CD/GK)

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