Thousands of people who have developed pleural plaques on their lungs after being exposed to asbestos due to their employer’s negligence have been told they cannot claim compensation.

Sufferers used to receive compensation but members of the insurance industry said they should no longer qualify for damages because pleural plaques don’t produce any symptoms and don’t impact directly on people’s lives.

Lawyers argued that although the plaques themselves were considered relatively harmless they still showed that damage had been caused to the victim’s lungs which meant they were at greater risk of going on to contract more serious forms of asbestos related cancer. This caused tremendous stress and anxiety.

The insurers won a test case in the High Court but the decision was overturned by the Court of Appeal. The case then went to the House of Lords which ruled in favour of the insurers.

A spokesman for the Association of Personal Injury Lawyers said he was staggered by the decision. “This ruling effectively tells them they have not been injured, yet their bodies have been invaded by asbestos and each day the clock is ticking.

“While the insurance industry will undoubtedly celebrate this financial victory, it has come at the expense of all those victims who had faith in our justice system.”

While the ruling is disappointing it should not deter anyone from seeking compensation if they have been injured or contracted an industrial illness through someone else’s negligence.