The ability to obtain compensation for pleural plaques was established in the test case of John Grieves and nine others –v- Everard and Sons and British Eurolight Plc and nine others [2005].  Pleural plaques is a condition which develops due to exposure to asbestos.  It is asymptomatic (that means the affected person does not have any pain or injury to speak off – the existence of pleural plaques is only demonstrable by having a chest scan).

The question in the test case was whether claimants could be compensated even though they were not in pain or, on the face of it, injured.

In fact compensation has been paid out to people with pleural plaques for almost 20 years but the insurance industry decided to challenge this due to the high cost of paying out on asbestos claims in recent years.

Pleural plaques is an irreversible change to the structure of the lungs, the condition is a recognised disease and it is capable, in rare cases, of causing respiratory symptoms and pain.  It can also cause physiological damage.  There is also anxiety induced by having the diagnosis and the knowledge that the sufferer also has the risk of contracting other asbestos related disease such as mesothelioma and asbestosis.

The insurance industry argued that pleural plaques in medically irrelevant and does not give rise to symptoms or risk of other asbestos related disease.

The Judge in the case found for the Claimants.  Claimants with pleural plaques can be awarded compensation in the form of ‘provisional damages’ (which means that they can come back to court later if their condition worsens and obtain further compensation).

In these cases damages were awarded between £4,000 - £7,000 for pleural plaques.  In some cases the compensation can be higher if there are other related issues such as depression or Irritable Bowel Syndrome.