Scotland’s groundbreaking asbestos compensation laws need an immediate tweak to stop the most seriously affected individuals losing out, occupational health researchers have said.
The University of Stirling team said Scotland leads the way in protecting the rights of people affected by asbestos, but in certain circumstances claimants are poorly served by the current arrangements. Their research found people who suffer from pleural plaques, an asbestos-related chest condition, are being forced to second-guess their chances of subsequently developing a potentially fatal condition such as lung cancer or mesothelioma. Pleural plaques victims must choose between a smaller provisional payout enabling them to return to court if then affected by a more serious condition, or accept a full and final payment, ending all legal liability.
“It is perfectly understandable that the victim when faced with such a choice would choose the larger compensation award, but they cannot possibly grasp the potential effects of a more serious illness upon them and their family,” said lead researcher Tommy Gorman, from the University of Stirling’s Occupational and Environmental Health Research Group. “The Scottish Parliament has produced vital legislation in recent years to address the devastating impact of asbestos-related conditions and I believe our report provides a compelling argument for the need to move quickly to resolve negative impacts on claimants and their families.”
The team suggest one solution would be to give pleural plaques stand-alone status, in line with similar approaches taken across Europe. This would enable victims to receive an award through an alternative payment system and pursue future court claims in relation to a subsequently emerging more serious condition.
Elaine Russell of personal injury law firm Irwin Mitchell welcomed the Stirling report. “The proposed changes would bring Scotland in line with many other countries across Europe and ultimately increase access to justice for those who have been negligently exposed to this deadly material.”
The Stirling report was presented to an 8 September meeting of MSPs from all parties, government ministers, groups representing those with asbestos-related diseases, health and safety groups, and trade union officials and personal injury lawyers.