Bisulfide

The Damages (Asbestos-related Conditions) (Scotland) Act, which received Royal assent last week, has now been contested by Aviva, AXA, RSA and Zurich. The four companies control over 50 percent share of the employers’ insurance market, and would have to face most of the claims arising due to the Act.

The controversial Act makes pleural plaques sufferers in Scotland eligible for compensation, which could result in claims worth millions of pounds for the insurers. It reverses a 2007 decision of the House of Lords that the existence of pleural plaques does not constitute a case for compensatable damage.

The insurers opposing the Act contend that it overlooks evidence that pleural plaques have no symptoms and do not result in severe conditions like mesothelioma. They argue that the Act is not in line with the legal principle that only physical injury suffered due to negligent exposure to risk calls for payment of compensation.

The insurers further argue that the Act does not weigh the financial effects on companies and taxpayers in Scotland. They fear a rise in claims from people exposed to such a risk, which would increase insurance costs for all firms and hurt the economy.

After this latest development, the pleural plaques issue has again come into the limelight. Several prominent personalities are arguing for the Scotland ruling to be applicable across the UK. However, with the review appeal, debate surrounding the issue will be reignited.

Any company that is involved in work where employees could potentially be injured must make themselves fully aware of the legal implications and training available to avoid the wrath of the HSE and the courts. Protect your company with accredited health and safety courses such as the iosh distance learning course offered by the experts at Workplace Law Training.