It depends on where the claim would be brought. In England and Wales, the House of Lords ruled in October 2007 that asymptomatic pleural plaques do not give rise to a claim for damages, and in 2010 the UK Government decided not to overturn that ruling. In Scotland and Northern Ireland, Acts passed in 2009 and 2011 make asbestos-related pleural plaques an injury you can claim for, normally within three years of when you knew about them. Diffuse pleural thickening is a different condition that can support a claim and state benefits.
Pleural plaques usually come to light by chance, often on a chest X-ray taken for some other reason, many years after the person worked with or near asbestos. The first question most people ask is whether they can claim. The answer changed in 2007 and now depends on which part of the UK the claim belongs to. This guide sets out the position in each nation, how plaques differ from diffuse pleural thickening, and what other help exists. We are an independent information service, not a law firm.
What pleural plaques are
The Industrial Injuries Advisory Council (IIAC), which reviewed pleural plaques for the Secretary of State for Work and Pensions, describes them as discrete, localised areas of fibrosis that typically affect the lining of the inner chest wall. They arise from exposure to asbestos. According to the IIAC, plaques rarely cause major symptoms or major impairment of lung function, they do not become cancerous, and they do not cause lung cancer or mesothelioma. They are, however, a marker of past asbestos exposure, and it is that exposure which is linked to a higher risk of other asbestos diseases.
Asbestos diseases take a long time to appear. The Health and Safety Executive (HSE) says it can take anywhere between 15 and 60 years for symptoms to develop after exposure, and that asbestos was widely used in buildings and machinery until it was banned in 1999.
The law is different in each part of the UK
| Where | Claim for plaques alone? | Legal position |
|---|---|---|
| England and Wales | No | House of Lords ruling of 17 October 2007 (Johnston v NEI International Combustion Ltd); the UK Government decided in February 2010 not to overturn it |
| Scotland | Yes | Damages (Asbestos-related Conditions) (Scotland) Act 2009, section 1, in force from 17 June 2009 |
| Northern Ireland | Yes | Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011, section 1, in operation from 14 December 2011 |
England and Wales. The House of Lords held that asymptomatic pleural plaques do not signify damage or injury that is sufficiently material to found a claim in tort. On 25 February 2010 the then Justice Secretary announced that the government would not overturn the decision in England and Wales. Instead, an extra-statutory scheme allowed payments of £5,000 to people who had already begun, but not resolved, a pleural plaques claim when the ruling was given. It launched on 1 August 2010 and was set to run to 1 August 2011, so it is not a route for anyone diagnosed now.
Scotland. The 2009 Act states that asbestos-related pleural plaques are a personal injury which is not negligible, and that they constitute actionable harm in an action of damages for personal injuries. It came into force on 17 June 2009. For the time limit, the Act also leaves out of account the period from 17 October 2007 to the day it came into force.
Northern Ireland. The 2011 Act says asbestos-related pleural plaques are a personal injury which constitutes actionable damage. It came into operation on 14 December 2011, and its sections on plaques, pleural thickening and asbestosis are treated as always having had effect, except for claims already settled or court cases already decided before that date.
Pleural plaques or diffuse pleural thickening?
The two conditions are easily confused but are treated very differently. HSE describes diffuse pleural thickening as a thickening of the membrane surrounding the lungs which can restrict lung expansion, leading to breathlessness, and the IIAC notes that if it is extensive it can cause impairment and disability. Diffuse pleural thickening differs from plaques in three practical ways:
- it is covered by Industrial Injuries Disablement Benefit (IIDB), which GOV.UK lists as covering unilateral or bilateral diffuse pleural thickening;
- it is one of the diseases specified for lump-sum payments under the Pneumoconiosis etc. (Workers' Compensation) Act 1979; and
- it can support a civil claim against a negligent employer. The 2007 ruling turned on asymptomatic plaques not amounting to sufficiently material damage, and in Scotland and Northern Ireland the 2009 and 2011 Acts go further, confirming that asbestos-related pleural thickening is actionable even where it is causing no physical impairment.
If your scan report mentions "pleural thickening", ask your doctor whether it is diffuse pleural thickening or plaques, because the answer changes what you can claim.
Benefits and lump sums
Pleural plaques do not qualify for IIDB. When the IIAC reviewed the question it did not recommend prescription of pleural plaques for either physical or psychological disability, because plaques rarely give rise to significant impairment of lung function. The scheme does cover asbestosis, diffuse mesothelioma, some asbestos-related lung cancers and diffuse pleural thickening, and you cannot claim IIDB if you were self-employed.
Under the 1979 Act, which applies in England, Wales and Scotland, the government pays a lump sum to a person disabled by a covered disease, including diffuse pleural thickening, where disablement benefit is payable for the disease (or would be, but for the level of disablement), every relevant employer has ceased to carry on business, and the person has not brought an action or settled a claim for damages. A dependant can claim in some cases after a death.
Time limits
In Scotland, an action must normally be started within three years of the date the injury was sustained or, if later, the date you became aware (or could reasonably have become aware) that it was serious enough to justify an action and was caused by someone's act or omission. In Northern Ireland the period is also three years, from when the cause of action accrued or your date of knowledge if later. In England and Wales the same three-year rule, with a date of knowledge, applies to claims for diffuse pleural thickening and other asbestos diseases. Courts in each nation have a discretion to allow a late claim, but you should not rely on it.
Time limit checker
Indicative only. It applies the basic three-year statutory periods and cannot account for every exception, such as a later date of knowledge or a court's discretion. It is not legal advice: take advice well before any deadline.
In England and Wales, a claim for pleural plaques alone is not possible, so use the checker there only for a related condition such as diffuse pleural thickening.
Frequently asked questions
Can you claim compensation for pleural plaques?
In Scotland and Northern Ireland, yes: legislation makes asbestos-related pleural plaques an actionable injury, so you can claim against a negligent employer, normally within three years. In England and Wales, no: since the House of Lords ruling of October 2007, asymptomatic pleural plaques do not give rise to a claim for damages, and the UK Government decided in 2010 not to overturn that ruling.
Is there a pleural plaques compensation scheme?
Not for new diagnoses. In England and Wales an extra-statutory scheme allowed payments of £5,000 to people who had already begun a pleural plaques claim before the October 2007 ruling. It launched on 1 August 2010 and was set to run to 1 August 2011.
Can I get Industrial Injuries Disablement Benefit for pleural plaques?
No. The Industrial Injuries Advisory Council did not recommend prescription of pleural plaques because they rarely give rise to significant impairment of lung function. Diffuse pleural thickening, asbestosis, diffuse mesothelioma and some asbestos-related lung cancers are covered.
Do pleural plaques turn into mesothelioma?
According to the Industrial Injuries Advisory Council, plaques do not become cancerous and do not cause lung cancer or mesothelioma. They are a marker of past asbestos exposure, and it is the exposure that is linked to a higher risk of those diseases. Tell your GP about any new symptoms.
What is the difference between pleural plaques and pleural thickening?
Pleural plaques are localised areas of fibrosis that rarely cause symptoms. Diffuse pleural thickening is a thickening of the membrane surrounding the lungs that can restrict lung expansion and cause breathlessness. Diffuse pleural thickening is covered by Industrial Injuries Disablement Benefit and the 1979 Act lump-sum scheme, and it can support a civil claim.
How long do I have to claim for pleural plaques in Scotland?
Normally three years from the date you became aware, or could reasonably have become aware, that the plaques were serious enough to justify an action and were caused by an act or omission. The 2009 Act also leaves the period from 17 October 2007 to 17 June 2009 out of account. A court can allow a late action if it seems equitable.
Get help from official, free sources
- GOV.UK: Industrial Injuries Disablement Benefit: eligibility and how to claim
- HMRC: a record of your employment history for a compensation claim
- Solicitors Regulation Authority (SRA): check a solicitor in England and Wales is regulated
- Citizens Advice: free, impartial guidance on benefits and your rights
Related guides: asbestos and mesothelioma claims, asbestosis claims, industrial disease claims, claiming in Scotland, claiming in Northern Ireland and time limits to claim.
Official sources used for this guide: Damages (Asbestos-related Conditions) (Scotland) Act 2009, s.1; Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011, s.1; Explanatory notes to the 2011 Act; IIAC position paper 23: pleural plaques; GOV.UK: IIDB eligibility; HSE: asbestos FAQs; Pneumoconiosis etc. (Workers' Compensation) Act 1979, s.2. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.