Insurance companies in Scotland have threatened to bring legal action against the Scottish government if it passes legislation allowing asbestos workers who have not developed a serious asbestos disease, such as mesothelioma, to sue for damages. 

Currently, a law that allows workers suffering from pleural plaques to seek compensation is waiting for passage. Previously, the House of Lords ruled that plaques are not in themselves harmful and cause no physical symptoms - only anxiety - therefore, they do not merit compensation payments.

However, an article in the Sunday Times notes that insurance companies believe that passage of this legislation would “fundamentally change the law on damages in Scotland, allowing people to sue employers for ‘exposure only’ to potentially harmful material, regardless of whether they suffered actual harm.”

The insurance companies believe the new law would “open the floodgates” to a plethora of “flimsy damage claims” that will push up insurance premiums.

“If anyone has a vested interest in denying pleural plaques victims their right to fair and just compensation it is the insurance companies, who will have to pay out on behalf of their clients,” said Frank Maguire, senior partner at Thompson Solicitors, a law firm that handles hundreds of asbestos cases annually.

“The justice secretary has made clear his commitment to ensure that those who suffer the effects of asbestos as a result of our industrial past are able to claim for damages. The bill will bring some relief to people living with this condition,” added a government spokesperson.

This entry was posted on Monday, May 12th, 2008 at 3:20 pm and is filed under news. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.