Pleural Thickening Compensation Claims
Pleural thickening is a scarring of the lining around the lungs, usually caused by past asbestos exposure. Most cases develop 20 to 40 years after the original exposure, which is why claims today often relate to work done decades earlier. When pleural thickening causes breathing difficulty and impacts daily life, the sufferer may be entitled to compensation from the employer responsible for the exposure.
In this guide
- What Is Pleural Thickening?
- The Rothwell Decision — Why Pleural Plaques Cannot Be Claimed
- Who Can Claim Pleural Thickening Compensation?
- What Compensation Could You Receive?
- Why Provisional Damages Matter
- Who Can You Claim Against?
- Government Schemes
- Time Limits
- Evidence That Strengthens a Pleural Thickening Claim
- No Win No Fee Pleural Thickening Claims
- Common Questions About Pleural Thickening Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains what counts as compensable pleural thickening, the important legal distinction from pleural plaques, what compensation typically covers, and how to start a claim on a no win no fee basis.
What Is Pleural Thickening?
The pleura is the thin double-layered membrane lining the lungs and the inside of the chest cavity. Pleural thickening is a scarring or thickening of this lining, which reduces the lungs’ ability to expand and contract freely during breathing.
There are two main forms relevant to compensation claims:
- Pleural plaques — small, well-defined areas of thickening, often calcified. Usually symptomless. Important: pleural plaques alone are NOT compensable in England and Wales (see below)
- Diffuse pleural thickening — extensive, sheet-like thickening, often affecting larger areas of the pleura. Frequently causes shortness of breath and reduced lung function. IS compensable
Pleural thickening is almost always caused by past asbestos exposure. It is distinct from asbestosis (which is scarring of the lung tissue itself) and from mesothelioma (which is cancer of the pleura). See our industrial disease hub for the full picture of asbestos-related conditions.
The Rothwell Decision — Why Pleural Plaques Cannot Be Claimed
In 2007 the House of Lords decided the case of Rothwell v Chemical & Insulating Co Ltd. The court held that pleural plaques alone — without any physical symptoms or measurable impact on lung function — were not a compensable injury under English law. This decision was controversial but remains the law in England and Wales today.
Important distinctions:
- Scotland — pleural plaques ARE compensable under the Damages (Asbestos-related Conditions) (Scotland) Act 2009
- Northern Ireland — pleural plaques ARE compensable under the Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011
- England and Wales — pleural plaques are NOT compensable, but diffuse pleural thickening with breathing difficulty IS
For a compensable claim in England or Wales, the medical evidence must show diffuse pleural thickening producing real respiratory symptoms or measurable lung function impairment. A scan showing pleural plaques alone, with normal lung function, is not enough.
Who Can Claim Pleural Thickening Compensation?
You can claim if you have been diagnosed with diffuse pleural thickening, you have a meaningful history of UK asbestos exposure (usually through work), and the thickening is causing breathing difficulty or measurable lung function impairment. The most commonly affected occupations are:
- Construction, demolition and labouring
- Shipbuilding, dock work and Royal Navy service
- Pipefitters, plumbers, boilermakers and laggers
- Electricians and joiners in older buildings
- Power station and chemical plant workers
- Railway engineering workers
- Factory workers in industries using asbestos in manufacturing
- Mechanics handling asbestos brake linings
- School and NHS estates maintenance staff
Secondary exposure cases — usually a family member who washed asbestos-contaminated overalls — can also support a claim, although they are less common in pleural thickening than in mesothelioma.
What Compensation Could You Receive?
Pleural thickening compensation depends on the level of disability and breathlessness caused. Typical general damages ranges:
- Mild pleural thickening with minor breathing impact — typically £8,000 to £18,000
- Moderate pleural thickening with noticeable breathlessness affecting daily life — typically £20,000 to £40,000
- Severe pleural thickening with significant disability — typically £40,000 to £80,000
- Provisional damages — many claims settle on a provisional basis, giving an initial payment now with the right to return for more compensation later if the disease progresses to mesothelioma or asbestos lung cancer
Special damages cover lost earnings (where the breathlessness has affected work), pension loss, the cost of care, mobility aids, and ongoing respiratory treatment. For older claimants the special damages are usually modest, but for working-age claimants forced to give up physical work, the special damages can be the dominant component.
Why Provisional Damages Matter
Many pleural thickening claims settle on a provisional damages basis. This means the claimant accepts compensation now for the current condition, but reserves the right to return to court for further compensation if specified worse conditions develop in the future — typically mesothelioma, asbestos lung cancer, or asbestosis.
Provisional damages are particularly useful in pleural thickening because the same asbestos exposure that caused the thickening also created a residual risk of more serious conditions developing later. A provisional damages order means the claimant does not have to settle the entire risk now (at a low figure to reflect the probability of it not happening) but can claim properly later if the worst happens.
A specialist solicitor will advise on whether a provisional damages order is appropriate in your case.
Who Can You Claim Against?
You claim against the former employer (or employers) responsible for the asbestos exposure. Where multiple employers are involved, claims can be brought against each in proportion to their contribution to the exposure. Where the original employer no longer exists, the Employers’ Liability Tracing Office (ELTO) can usually trace the relevant historic insurer.
Government Schemes
Diffuse pleural thickening is a “prescribed” industrial disease for the purposes of government schemes, meaning:
- Industrial Injuries Disablement Benefit can be claimed alongside a civil claim
- The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 may provide a lump-sum payment if no civil claim is possible
See our UK asbestos compensation schemes guide for the detail.
Time Limits
You have three years from your date of knowledge — the date you first knew (or reasonably should have known) that you had a compensable condition linked to asbestos exposure. For pleural thickening this is usually the date of a definitive diagnosis confirming both the condition and its impact on lung function. See our time limits guide for the full rules.
Evidence That Strengthens a Pleural Thickening Claim
A solicitor will obtain the evidence for you. Strong claims usually include:
- Complete work history covering the period of possible asbestos exposure
- Description of the work — substances, conditions, presence of asbestos materials
- Names of colleagues who can confirm working conditions
- Chest imaging (X-ray and HRCT scan) showing the pleural thickening
- Lung function tests demonstrating respiratory impairment
- Specialist respiratory physician’s report
- Records of any other asbestos-related findings (plaques, asbestosis, fibrosis)
- GP and hospital records showing the clinical history
Our evidence guide explains how a solicitor will then work with respiratory and occupational hygiene experts to confirm both diagnosis and exposure history.
No Win No Fee Pleural Thickening Claims
Pleural thickening claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped by LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. See our how no win no fee works guide for the mechanics.
Common Questions About Pleural Thickening Claims
My scan shows pleural plaques but I have been told I cannot claim. Is that right?
In England or Wales, yes — for the plaques alone. Pleural plaques without any associated breathing impairment are not compensable. However, if you also have evidence of diffuse pleural thickening with impaired lung function, those findings may support a claim. It is worth having the imaging reviewed by a specialist if you have any breathing difficulty, because the line between pleural plaques and early diffuse pleural thickening is not always clear-cut.
My condition is currently mild. Should I wait until it gets worse before claiming?
No — and the reason matters. The three-year time limit runs from your date of knowledge. If you have been diagnosed with diffuse pleural thickening with measurable impact on lung function, the clock has already started. Waiting could put you out of time. The provisional damages route specifically exists to deal with this concern: you claim now at the current severity, and retain the right to come back if the disease progresses to mesothelioma or asbestos cancer in future.
My employer went out of business 30 years ago. Can I still claim?
Yes. The Employers’ Liability Tracing Office (ELTO) holds records of historic employers’ liability insurers going back decades. A specialist solicitor can usually identify the right insurer to pursue. The vast majority of historic industrial disease claims are against insurers, not the original employer.
I am 78 and not sure it is worth the trouble.
That is your decision to make, but most claimants are surprised at how little involvement they personally have. The case is run by your solicitor. You will typically have one or two specialist medical appointments, give a witness statement about your work history, and the rest is paperwork between the solicitor and the defendant insurer. Many claimants describe it as easier than they expected. A free initial conversation will tell you what is involved in your specific case.
Will I have to go to court?
Almost certainly not. The overwhelming majority of pleural thickening claims settle by negotiation or at a settlement meeting without ever requiring a court hearing. See our will my claim go to court? guide.
How long does a pleural thickening claim take?
Cases where exposure is straightforward and the medical position is clear typically settle within 12 to 18 months. More complex cases involving multiple employers or disputed causation can take longer. See our how long does a claim take guide.
Related Guides
Industrial Disease Claims — UK Compensation
Mesothelioma Compensation Claims UK
Asbestos-Related Lung Cancer Claims
Asbestosis Compensation Claims
UK Asbestos Compensation Schemes Explained
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