Asbestos victims could lose out (From Swindon Advertiser)

Asbestos victims could lose out

9:00am Monday 1st February 2010

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VICTIMS of an asbestos-related illness could lose out on compensation because the Government is refusing to back their claims.

Hundreds of former railway workers have died and many are still suffering from asbestosis and mesothelioma, which has led to the illness being dubbed “the Swindon Disease”.

They spent their days in an atmosphere full of the deadly dust. Many of the men’s wives also fell ill after washing clothes that had been covered with it.

Now people suffering from pleural plaques, a scarring of the lungs linked to exposure to asbestos, have been told they will not receive any money.

People suffering from illnesses such as mesothelioma or asbestosis will continue to be compensated by their employers.

But the Government has signalled that, while it will provide a £70m package of help for asbestosis sufferers, it will not overturn a 2007 Law Lords’ ruling which left pleural plaques sufferers ineligible for compensation.

Swindon solicitor Brigitte Chandler, who has represented hundreds of the victims and their families, says she is bitterly disappointed by the decision.

Ms Chandler, a partner with law firm Charles Lucas and Marshall, said: “Pleural plaques are a sign that a person has breathed in asbestos fibres. Many people with them go on to develop more serious asbestos disease such as cancer.

“This was an opportunity for the Government to do the right thing before they left office.

“A lot of people will not get the compensation they deserve.”

Under the proposals the Government will set up a research centre into asbestos-linked diseases and insist that insurers fund compensation for victims who are dying as a result of asbestos and who have no employers’ insurance to rely on.

There will also be more money for sufferers of the deadly asbestos cancer mesothelioma.

“The establishment of an Employers Liability Insurance Bureau to maintain a ‘fund of last resort’ is good news,” said Ms Chandler.

“One of the problems we consistently face is tracing employers’ insurance companies.

“This is a particular problem in the building industry where very small companies were operating 40-50 years ago and are no longer in business.”

The pleural plaques decision means there will be one rule for Scotland and Ireland – where victims are entitled to compensation – and a different rule for England and Wales.

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