Pleural Plaques Decision: Good and Bad

Government Refuses to Overturn Law on Pleural Plaques
Government announced today that it will not reverse the Law Lords decision which ended compensation for pleural plaques.

Instead, the Government is willing to pay a £5,000 lump sum under an extra-statutory scheme only to those who already had claims lodged at the time of the Law Lord’s ruling in 2007. Thousands of current sufferers and future sufferers will receive nothing. An information telephone line will be available and the number will be published on the Ministry of Justice web site.

Many pleural plaques sufferers will not understand, or accept, this distinction which favours some suffers above others.

Mr. Molyneux, diagnosed with pleural plaques, sums up the anger felt by many suffers:
“I was wrongly exposed to asbestos for many years and have seen the effect it has had on so many people who have died from mesothelioma. The asbestos fibres lodged in my lungs, causing pleural plaques, signal a heightened risk that I too may suffer serious consequences. I have to live with that and so do hundreds of others. Can the Government live with its decision today to compensate some  but not others?”

Government Acts to Help Sick and Dying Asbestos Victims
The Government has lessened the impact of its announcement on pleural plaques by making significant changes to payments of compensation to asbestos victims, and by addressing the needs of many asbestos victims suffering life-threatening diseases. The Forum welcomes these important initiatives which address long-standing problems for asbestos victims.

The Government has:

• Initiated consultation to establish an Employer’s Liability Insurance Bureau (ELIB) to ensure that asbestos victims who cannot trace an employers’ liability insurer may claim against a fund of last resort
• Agreed to investigate how the government can increase research investment into asbestos-related diseases. research
• Agreed to lift the 2008 Mesothelioma Scheme lump sum payments equal to the Pneumoconiosis etc. (Workers Compensation) Act 1979 lump sum payments
• Agreed to reduce the difference between dependency lump sum payments and in-life lump sum payments (as above).
• Agreed to take measures to speed up mesothelioma claims.

Tony Whitston, Forum Chair, says:
“We are terribly disappointed that the Government will not ensure that a payment is made to all pleural plaques sufferers. However, we wholeheartedly welcome the Government’s initiatives to significantly improve compensation for asbestos victims, especially mesothelioma sufferers, which will make a significant difference to many asbestos victims. We have also wholeheartedly welcomed the Government’s consultation on setting up an employers’ liability insurance fund of last resort. We welcome the decision to seek ways in which to support research, but we are disappointed that the Government have not agreed to fund a National Centre for Asbestos-Related Diseases at this time.”

For further information contact Tony Whitston Tel: 0161 636 7555 and 07748189387

Notes for Editors

Pleural plaques are discrete scarring of the lung pleura which are markers of high levels of exposure to asbestos. The high levels of asbestos in the lungs increase the risk of serious asbestos disease in the future.

For over 20 years compensation was awarded for the anxiety caused by the knowledge of an elevated risk of serious asbestos disease resulting from the high levels of asbestos in the lungs indicated by the presence of pleural plaques.

Time Line:
1984 and onwards courts awarded compensation for pleural plaques

2004 Insurance test case heard in the High Court before Justice Holland. Judgment February 2005 retained the right to compensation but reduced payments: Provisional damages (entitlement to sue if other asbestos disease develops) £5,000 and Final damages (ends any further asbestos litigation) £7,000.

2006 26 January Court of Appeal overturns High Court decision.

2007 17th October House of Lords (HoL) uphold Court of Appeal decision to end compensation for pleural plaques.

 2008 July government opens consultation on three options: (i) overturn Law Lords' decision (ii) fixed payment (£5,000) within a fixed period prior to HoL decision  (iii) fixed payment (£5,000) without time restriction. Consultation ended October 2008.

Employers Liability Insurance Bureau (ELIB)
Because asbestos diseases develop several decades after exposure to asbestos, companies that exposed asbestos victims to asbestos are often no longer trading by the time the disease develops. Since there has never been a system to record employers liability insurance policies, it is often impossible to trace an insurer to recover compensation.

Employers’ liability (EL) insurance has been compulsory since 1972 and the Health and Safety Executive (HSE) research shows that over 99% of employers held EL insurance. But, the Association of British Insurers’ insurance tracing scheme shows for 2008 that only 46% of post-1972 insurance enquiries were successful.

In almost all cases, insurers were paid for EL insurance and the Government expects them to honour the liability they have for insurance they wrote, even if the insurance policy cannot be traced.

This approach is consistent with that taken for injured motorists where the Motor Insurance Bureau pays where a negligent motorist fails to hold insurance or that insurance cannot be traced.

A consultation on setting up an ELIB was commenced on the 10th Feb. 2010.

National Centre for Asbestos Related Diseases (NCARD)
The Commonwealth Government of Australia, which has a similar incidence of mesothelioma to the UK, has funded a National Centre for Asbestos-Related Diseases (NCASRD). The UK Government has acknowledged the importance of international research and the fact that the UK has the highest incidence of mesothelioma world wide.

Government Lump Sum Payments
The Pneumoconiosis etc. (Workers Compensation) Act 1979 pays lump sum payments to asbestos victims who were exposed to asbestos at work and who are unable to secure civil compensation.
 
The 2008 Mesothelioma Scheme pays a lump sum payment to mesothelioma sufferers who do not qualify for a payment under the 1979 Act.

Payments to dependants are currently much less than in-life payments under both schemes. The Government has acted to reduce the differential under both schemes.

The 2008 Mesothelioma Scheme currently pays less than the 1979 Act for in-life claims. The Government has acted to equalise these payments.

NEWS RELEASE

DWP/024/10                                                                                                 10 February 2010
HELP FOR THOUSANDS SERIOUSLY INJURED AT WORK

Thousands of people with serious industrial diseases who miss out because they cannot trace their employers’ insurance records should be able to claim compensation following Government proposals announced today.

In a consultation paper the DWP sets out plans to create an Employers’ Liability Tracing Office to help people track down their employers’ liability insurance policies, and an Employers’ Liability Insurance Bureau to provide a fund of last resort for those who are unable to trace them.

The proposed tracing office will incorporate an electronic database of employers’ liability insurance policies, which should make it easier to track down these records and improve the existing tracing service.

The consultation will consider how the tracing office could be best managed and funded.  It will also look at the scope of help that could be provided by an employers liability insurance bureau, the timing of claims and how much compensation could be paid.  It will also examine what more employers can do to meet their obligations to maintain employers’ liability compulsory insurance.

DWP Minister Lord McKenzie said:

“Far too many people suffering from serious industrial diseases are unable to trace their insurance polices and get the compensation they deserve.

“That is why we want to set up a better tracing service with a dedicated database to help them track down these policies, and a fund of last resort if all else fails.

“We will continue to work with insurance bodies, trade unions and campaign groups to ensure all those affected get the help they need.”

Where a person is injured or made ill through their work, as a result of the employer’s negligence they would normally claim civil damages from the employer.

However, a number of people have been unable to trace their employers’ liability insurance policy and make a claim.  This is because some industrial diseases only appear decades later when employers may have ceased trading or they may have not kept old insurance records or lost them.

A voluntary Code of Practice for tracing Employers’ Liability insurance policies, set up in 1999 has led to some improvements, but many individuals are still left without help.

Notes to Editors

The consultation, ‘Accessing Compensation – supporting people who need to trace Employers’ Liability Insurance’, is available at www.dwp.gov.uk/consultations

When it’s not possible to claim civil compensation for people with certain lung diseases, including mesothelioma,  the Government provides help through the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and 2008 Mesothelioma Scheme.

______________________________________________

Media Enquiries:                   0203 267 5120
Out of hours:                          07659 108883
Website:                                 www.dwp.gov.uk
______________________________________________

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Tel: 0161 636 7555 / 07748189837 www.asbestosform.org
Asbestos Victims Support Groups Forum UK

News Release                                     No Embargo

Government Acts to Help Sick and Dying Asbestos Victims

Today, Lord McKenzie, Minister Department of Works and Pensions, announced the publication of a consultation document to introduce a tracing office to locate employers Liability insurance and an insurance fund of last resort to pay compensation where insurance cannot be traced.

Tony Whitston, Chair, Asbestos Victims Support Groups Forum says:
“Government’s decision to set up a fund of last resort for injured workers, whose employers’ liability insurers cannot be traced, is welcomed wholeheartedly by asbestos victims throughout the UK. At last, dying asbestos victims, who, through no fault of their own, cannot trace their employers’ insurance may be able to call on a fund of last resort. This landmark decision by government addresses a long-standing and fundamental injustice and, if implemented, will provide comfort and solace to many people affected by asbestos disease.”

For further information contact Tony Whitston Tel: 0161 636 7555 and 07748189387

Employers Liability Insurance Bureau (ELIB)
Because asbestos diseases develop several decades after exposure to asbestos, companies that exposed asbestos victims to asbestos are often no longer trading by the time the disease develops. Since there has never been a system to record employers liability insurance policies, it is often impossible to trace an insurer to recover compensation.

Employers’ liability (EL) insurance has been compulsory since 1972 and the Health and Safety Executive (HSE) research shows that over 99% of employers held EL insurance. But, the Association of British Insurers’ insurance tracing scheme shows for 2008 that only 46% of post-1972 insurance enquiries were successful.

In almost all cases, insurers were paid for EL insurance and the Government expects them to honour the liability they have for insurance they wrote, even if the insurance policy cannot be traced.

This approach is consistent with that taken for injured motorists where the Motor Insurance Bureau pays where a negligent motorist fails to hold insurance or that insurance cannot be traced.

Click to Balloon to view

May we take this opportunity to thank Classic doves for the free help and support they gave us during Action Mesothelioma Day 2009

ASBESTOS SUPPORT GROUP ACHIEVES CHARITY STATUS

HAMPSHIRE ASBESTOS SUPPORT & AWARENESS GROUP HAS GAINED CHARITABLE STATUS 14 MONTHS AFTER LAUNCHING THEIR SUPPORT & SIGN-POSTING SERVICE.

The group that started as a coffee morning now provides a much needed advice service for benefits, compensation & support for mesothelioma and asbestos-related disease sufferers and their families.

The group also meets monthly in Southampton & Portsmouth.

For further details please contact:

Diane McLellan         07792 543426
Lynne Squibb            07940 328637

www.hasag.co.uk

NICE FINALLY APPROVES ASBESTOS CANCER DRUG

Today, NICE announces that it has rejected an appeal against its decision to approve the use of Alimta for the treatment of mesothelioma, a fatal tumour of the lung pleura caused by exposure to asbestos.

This decision brings to an end an approval process which has taken nearly three years, and which led to one of the worst examples of post code lottery funding. While mesothelioma patients in Scotland, the North West and North East of England received treatment, hundreds of patients were refused treatment in other parts of the UK.

This agonisingly long appraisal process has caused untold distress for hundreds of mesothelioma patients who might have benefited from treatment with Alimta, which, although not a cure for mesothelioma, can extend life and alleviate symptoms for many patients. Average life expectancy from diagnosis for mesothelioma sufferers is 12 months: for many patients this decision has come far too late.

Final guidance will now be issued by NICE so that PCTs will at last be obliged to uniformly provide treatment, although they have the option of a 90-day lead in period following an official announcement by NICE.

Tony Whitston, Chair of the Asbestos Victims Support Groups Forum, commented:

PCTs should respond immediately to NICE’s announcement today and follow Department of Health Guidance which encourages early implementation of NICE guidance. In light of today’s clear and unequivocal decision by NICE it would be perverse for any PCT to refuse a request for treatment after so many years delay and anguish for patients and their families.

PLEURAL PLAQUES COMPENSATION

The Law Lords have upheld a Court of Appeal decision to end compensation for pleural plaques.
Compensation has been paid for over 20 years for the anxiety and fear that a diagnosis of pleural plaques causes. This judgement has caused anger and dismay to thousands of people who live everyday with this fear.
The Asbestos Victims Support Groups Forum UK is calling on MP’s of all parties to try to overturn this disgraceful decision for pleural plaques sufferers.

Tuesday 29 January 2008
1pm – protest opposite Parliament (College Green)
Followed by a meeting in
Room 14
House of Commons
Westminster
LONDON
SW1A 0AA

Pleural Plaques lobby 29th January

To obtain an A4 size leaflet/flyer to display please click on image below

Alimta campaign pack

The NICE Final Appraisal Determination of the 9th July 2007 recommended funding of Alimta on the NHS. That decision was appealed and so any final decision to fund Alimta has now been delayed.

This means that most PCTs are still refusing to fund Alimta where a patient's oncologist recommend this treatment, despite an existing appraisal which recommends funding.

If you have been refused funding for treatment with Alimta and would like to challenge that decision please download the campaign pack below.

Several 'pdf' type files make up the campaign pack - which is the pack plus appendices. To view or print each of these files, please click on the link below, the file will then appear in a separate window.

Download:

Campaign Pack

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 5A

For further details call

Lynne 07940 328637 Email

Or

Lisa 07792 543426 Email

HAMPSHIRE ASBESTOS SUPPORT & AWARENESS GROUP (HASAG) 

Charity Registration No: 1122105