Specialist asbestos related disease lawyers at Irwin Mitchell warn that the new legislation in Northern Ireland which allows pleural plaques sufferers to seek compensation over their condition leaves sufferers in England and Wales behind and will result in a "postcode lottery" for sufferers of the disease.
The legislation will come into effect in Northern Ireland on December 14 2011. This follows a Supreme Court decision in October 2011 allowing pleural plaques sufferers in Scotland the right to seek justice for their illness.
By comparison, sufferers in England and Wales are still not able to seek legal recompense for their disease.
Pleural plaques are small patches of thickening of the lung lining which often become hardened – or calcified – over time. Whilst in themselves, they do not cause disability or pose a threat to life; they do indicate exposure to asbestos and carry with them a possible risk of developing a future asbestos-related illness such as mesothelioma.
Reports suggest that at fund of £2.5million has been created by Ministers in Northern Ireland to address claims.
Adrian Budgen, national head of asbestos litigation at Irwin Mitchell, said: “The impending introduction of the legislation is great news which will ensure that many people whose lives have been affected by asbestos exposure will be able to seek justice.
“However, this is sadly another sign of the postcode lottery which has developed, as those in England and Wales still have no chance of ever gaining access to justice over these problems. Both Scotland and Northern Ireland have recognised this issue, it is surely time that other jurisdictions fell in line.
“Our work with victims of asbestos-related disease has shown that pleural plaques have a huge impact on sufferers. It is only fair that people are able to fight for justice and hold employers that failed to act on risks to account.”