Overview

This bill makes certain asbestos-related conditions, specifically pleural plaques, pleural thickening, and asbestosis, legally recognized as actionable personal injuries, allowing individuals affected to claim damages even without demonstrable physical impairment.

Description

The Damages (Asbestos-Related Conditions) (No. 2) Bill clarifies the legal status of several asbestos-related conditions. It explicitly states that asbestos-related pleural plaques are actionable personal injuries, enabling individuals to sue for damages. The bill extends this to pleural thickening and asbestosis, even if these conditions haven't caused, are not causing, or are not likely to cause physical impairment. The requirement to prove physical impairment for these conditions is removed; however, proving impairment remains relevant when determining the amount of damages. The bill also adjusts limitations on actions, essentially removing the period between October 17, 2007, and the bill's enactment from the calculation of time limits for legal action. The bill is retrospective, applying as if it had always been in effect, except for claims settled or legal proceedings concluded before its enactment.

Government Spending

The bill is likely to increase government spending due to the increased number of successful compensation claims. The exact financial impact is difficult to predict and no figures were provided in the bill text.

Groups Affected

• Individuals with asbestos-related pleural plaques, pleural thickening, or asbestosis: They may be able to claim damages, even without significant physical impairment.
• Employers and insurers: They may face increased liability for asbestos-related claims.
• Legal professionals: They will likely see increased workload related to the processing of these claims.

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