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Pay-out call for victims of lung condition rejected

Ministers stand accused of abandoning sufferers of an asbestos-related condition after refusing to overturn a legal decision which has denied them compensation.

Union leaders condemned the government after Justice Secretary Jack Straw rejected calls to bring in a new law to reinstate compensation for people with pleural plaques – a scarring of the lungs that it was claimed can lead to mesothelioma and lung cancer.

Those with the condition had been able to claim compensation since the 1980s but a law lords ruling in 2007 blocked further payouts.

In a statement to MPs, Mr Straw said that although pleural plaques was an "indicator" that a person had been exposed to asbestos, they did not "produce any significant physiological change or loss of lung function."

He added: "There is no available medical evidence to show that pleural plaques become malignant or lead to mesothelioma or other asbestos-related diseases.

"Current evidence indicates that it is a person's exposure to asbestos that produces any increased risk of developing a serious asbestos-related disease rather than the pleural plaques themselves."

Leeds has suffered more than most through the use of asbestos, partly due to the work of the JW Roberts asbestos factory in Armley.

Insurers last month lost their appeal against the Scottish Parliament's decision to compensate pleural plaque sufferers.

Alan Ritchie, general secretary of the Ucatt union, said: "It is simply wrong that an accident of geography will mean that pleural plaque victims in England and Wales will be barred from receiving compensation but those in Scotland will be free to claim full compensation."

As previously revealed by the YEP, Mr Straw is attempting to soften the blow by allowing existing pleural plaque victims who had already lodged a legal case before the 2007 ruling to receive "no fault pay-outs" of up to 5,000.

The Justice Secretary also announced a package of measures to speed up the payment of compensation claims for those suffering from mesothelioma.

A bill currently going through Parliament will enable claims against insolvent companies to be brought directly against their insurers.

An Employers' Liability Tracing Office is also being established to help workers track down the insurance records.

Mr Straw has also announced a fund "of last resort" for asbestos victims whose former employer's insurance policies cannot be traced, with an Employers' Liability Insurance Bureau established to maintain the fund.

The government has agreed to provide more money for an existing compensation scheme for mesothelioma victims.


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