Mesothelioma Legal Issues in the UK

Mesothelioma sufferers are numerous in the United Kingdom, and it has been proven that many are victims of the disease due to negligence in the workplace and unnecessary exposure to asbestos materials. The U.K. has a long history of legislation concerning asbestos exposure and compensation for mesothelioma victims, and it is important for those affected to be aware of their legal options.

Legal Options

Those who have been diagnosed with mesothelioma or who have a family member who's been diagnosed may have questions about their legal options. For more information about mesothelioma lawsuits and filing a claim, visit the mesothelioma lawyer page.

Issues Concerning Insurance Coverage

In October 2007, the House of Lords unanimously decided that compensation would not be awarded to individuals who had developed pleural plaques as a result of asbestos exposure in the course of their employment. Pleural plaques were determined to be only a marker of exposure, not a disease in itself, despite the fact that the pleural plaques are considered a pre-cancerous condition. Thousands of affected individuals were denied compensation as a result. Prior to 2007, individuals could claim compensation for pleural plaques that were caused by an employer's negligence.

In 2008, a nine-week hearing was held in the United Kingdom to settle the argument as to when an insurers’ liability is triggered in cases involving insured persons with mesothelioma. Determining who is liable in cases involving asbestos exposure and mesothelioma is difficult, as the disease can take 20 to 50 years to develop and most mesothelioma victims worked for one or more companies that used asbestos from the 1950s through the 1980s. A mesothelioma diagnosis is typically not given until many years after exposure has occurred, which can mean that insurance coverage has changed.

The use of terms such as "developed," "caused," "contracted" and "sustained" in relation to asbestos exposure and mesothelioma has created many legal complications in the U.K. Insurance companies have argued that the so-called "trigger" for the policy was not the exposure to the asbestos fibers, but rather the development of the disease and asbestos-related lung tumors.

Pleural Plaques and Scottish Law

In 2009, Scotland passed the Damages Act to ensure that the House of Lords ruling from October 2007 would not affect cases in Scotland. The Damages Act allows compensation for individuals who have developed pleural plaques as a result of asbestos exposure. Insurers tried appealing the 2009 legislation, noting that the plaques do not necessarily lead to poor health, but lost their appeal in April 2011.

The Association of British Insurers plans to take their appeal to the Supreme Court. For now, however, pleural plaque sufferers in Scotland continue to be compensated for their condition.