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Pleural Plaques and Asbestos Related Illness
Apr 07, 2020
Pleural Plaques and Asbestos Related Illness
Asbestos is considered one of the most toxic materials to have been used in construction and industry in the last century. Asbestos has historically been used in a range of industries throughout the jurisdiction and we have represented a large number of members ranging from Shipbuilders to Factory fitters in cases ranging from Pleural Plaques to Mesothelioma.
Who can claim?
In order to support a claim for an asbestos related injury, a member must establish the following:
- That they have been exposed to asbestos in their employment.
- That they have been diagnosed with an asbestos related illness.
There are strict time limits for claims such as these and in the event that any member considers that they may have a claim for vibration related injuries we would urge them to utilise their union membership and seek immediate legal advice.
How much are they entitled to:
Awards for Pleural Plaques ordinarily attract awards up to £15,000.
Awards for asbestosis usually attract awards in the region of £21,000
to
£85,000
dependant on the severity of the condition.
Cases of mesothelioma range in value up to £130,000.
Recent settlements:
Mr C was employed as a an electrician, in the course of his employment he has to remove old asbestos to feed wires and cabling when undertaking renewal works for his employer. A routine examination established that he was suffering from Pleural Plaques and he contacted his union for advice. He was referred to Donnelly & Kinder and correspondence was sent to the defence outlining his action. Medical evidence was obtained and a report confirmed the condition. Damages awarded: £12,500.
The family of deceased Mr M brought a case for asbestos related mesothelioma against his previous employers when it became apparent that their late father suffered from the condition. The Plaintiff had a wide and varied career and there were a number of defendants. Medical evidence established the condition. Damages awarded: £100,000.
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UK Supreme Court Rules Trade Union Law Breaches Workers’ Rights in Landmark Decision The Supreme Court has today ruled that trade union law in Britain breaches workers’ human rights failing to protect them from sanctions short of dismissal for taking part in industrial action. Mrs Mercer was a trade union representative and employee of Alternative Futures Group Ltd in the role of support worker. She was suspended during lawful strike action. She was paid basic pay losing out on overtime pay for overtime she would have otherwise worked, prevented from talking to her colleagues and was issued with a written warning. Proceedings were brought under Section 146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULCRA) claiming that she suffered a detriment short of dismissal for organising and participating in strike action. The Supreme Court was asked to determine whether TULCRA protected workers who take part in strikes during working hours from detriment short of dismissal. The Supreme Court Judges decided that the legislation did not do so because protection was only given to industrial action carried out “outside working hours”. It commented that Section 146 amounted to a lack of protection for workers and encouraged unfair and unreasonable conduct by employers. Judges held that the UK law is incompatible with Article 11 of the European Convention on Human Rights namely the right to freedom of association concluding that the law as it stands is in breach of human rights requirements. Taking the rare step of making a declaration of incompatibility, the court stated that “it fails to provide any protection against sanctions short of dismissal, intended to deter or penalise trade union members from taking part in lawful strike action organised by their trade union”. The UK Parliament will now consider making amendments to the legislation. Reflecting on the decision today, Orla Sheils of our Employment Law Department commented “This decision is hugely significant for trade union members and representatives engaging in industrial action and in the legal jurisdiction of Northern Ireland where Union busting is unfortunately a real issue in some workplaces, it should send a strong message to rogue employers who seek to punish their employees simply for engaging in lawful industrial action".
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