Last month the Scottish Parliament passed The Damages Act, which allowed pleural plaques victims in Scotland the opportunity to claim compensation for their injuries. The Act, received Royal Assent last week. The Damages Act overturns a Law Lords decision made in October 2007, which barred compensation for pleural plaques.
Alan Ritchie, General Secretary of construction union UCATT, said: "This action is beyond contempt. Workers have had their health damaged by asbestos and have a constant fear of developing a fatal disease. The insurers don’t care about the health of workers. They were happy to take the premiums but will fight tooth and nail not to pay any compensation."
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The judicial review has been taken by insurance giants Aviva, AXA Insurance, RSA and Zurich and has won the support of the Association of British Insurers.
Pleural plaques are scarring of the lungs caused by heavy and prolonged exposure to asbestos. Victims suffer some physical symptoms but often experience high levels of mental distress. Pleural plaques victims have a greatly increased chance of developing the incurable lung cancer mesothelioma.
The insurers who have launched the judicial review are attempting to use the Human Rights Act to justify their arguments.
Mr Ritchie, added: "I do not know how these people sleep at night. They have no shame."
Every year over 2,000 people in Britain die from mesothelioma. Death rates are not expected to peak until 2025.
(GK/JM)
