Pleural plaques - are deserving claimants missing out?
February 15, 2011
The government has opened applications to former claimant's for pleural plaques, but has not sought to overturn the House of Lords decision in Johnston which said that pleural plaques is not a "compensatable injury". As a result, claimants in England cannot claim work accident compensation for this type of injury. A claimant who was diagnosed with pleural plaques before October 2007, and who had sought advice from a lawyer or trade union before that time, is able to continue with their work accident claim. However, the scheme does not offer any help to those diagnosed after October 2007, and applications must be received by 1 August 2011 to be eligible for the one off payment of £5,000. Scotland, which has always blazed its legally independent path, has already negated the decision in the House of Lords' Johnston case by legislatively overriding it, and Northern Ireland are considering taking a similar line. Surely the Supreme Court should be taking a look at it's own decision in light of this, and allowing claimants in England to make a work accident claim for pleural plaques.