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Silicosis, once a lesser-known occupational disease, has gained increased attention as a significant health hazard. Unions have even labelled it the new asbestos due to its prevalence and devastating impact on workers’ health.
If you or a loved one has been diagnosed with silicosis, knowing your options for compensation is crucial. This guide will walk you through the complexities of navigating the silicosis claims process in Australia.
Silicosis is a progressive lung disease caused by inhaling tiny particles of silica dust or respirable crystalline silica (RCS). This microscopic material—found in substances like stone, clay, sand, rocks, and concrete—triggers inflammation and scarring within the lungs. Over time, this scarring leads to stiffening and reduced lung function, making it increasingly difficult to breathe.
Industries such as mining, construction, stone masonry, and sandblasting expose workers to high levels of silica dust, putting them at heightened risk. While the development of silicosis typically takes decades, in some cases, particularly with heavy and prolonged exposure, symptoms can manifest sooner.
Work activities that generate RCS, include:
Silicosis belongs to a group of conditions known as dust diseases (or pneumoconioses). Other well-known conditions include mesothelioma and asbestosis.
The likelihood of developing silicosis is directly linked to the duration and intensity of silica dust exposure. While not everyone exposed will develop the disease, the risk increases with prolonged or heavy exposure.
According to leading expert Dr Kerry Hancock, Chair of RACGP Specific Interests Respiratory Medicine, approximately one in four individuals with significant silica dust exposure will develop silicosis. This statistic highlights the seriousness of the issue and the need for robust workplace safety measures.
Silicosis affects the performance of the lungs, with areas of hardened and scarred tissue preventing the organs from fully functioning.
Early silicosis symptoms include:
People may also experience:
As silicosis progresses, the impact on daily life becomes increasingly significant. Simple tasks can become arduous. Activities like climbing stairs, carrying groceries, or even maintaining personal hygiene can become incredibly challenging. In severe cases, individuals may find themselves confined to their homes or even bedridden.
The significant decline in quality of life highlights the importance of early detection as well as having adequate compensation to manage silicosis effectively.
According to HealthDirect, there are three primary types of silicosis:
Silica dust exposure has also been linked to a range of other health issues, including:
People who suffer any of the mentioned symptoms should visit their GP immediately.
Your doctor will likely conduct a thorough examination, which might include:
Unfortunately, there’s no cure for silicosis. Once the lung damage is done, it’s irreversible.
However, there are steps you can take to manage the condition and improve your quality of life:
Employees exposed to silica dust in the workplace may be eligible for compensation to offset the financial burden caused by silicosis. This includes reimbursement for medical expenses, lost wages, and other costs associated with an occupational lung disease.
It’s essential to consult with a lawyer experienced in workplace dust disease claims to understand your specific rights and options.
Call us for confidential, free advice.
In Australia, employers have a primary duty of care under Work Health and Safety (WHS) laws to ensure the health and safety of their workers. When it comes to silicosis prevention, this includes:
They must:
Employers must regularly monitor silica dust levels and maintain control measures. They must also arrange health monitoring of workers exposed to silica dust.
Record keeping is also an important employer obligation. They must keep records of all risk assessments, control measures and training.
In the context of silicosis prevention, negligence occurs when an employer fails to meet their duty of care, resulting in harm to their workers.
Actions that may constitute negligence could include:
The good news for those affected by silicosis in NSW is that there is effectively no statute of limitations for dust disease claims, including silicosis.
Per the Dust Diseases Tribunal Act 1989 (NSW), any dust-related condition is exempt from the general limitation periods – meaning there is no time limit for filing a claim.
This exception is due to the unique nature of dust diseases, which often have long latency periods between exposure and the onset of symptoms. It also allows individuals to claim as their condition evolves, especially as their medical and financial needs are likely to increase as the disease progresses.
While there’s no strict time limit, it’s still advisable to file a claim as soon as possible after diagnosis.
Early action helps ensure:
Securing compensation for silicosis can be a complex process. Here’s a look at the steps involved:
Any documentation related to your exposure to silica dust will be important. This includes:
Medical assessments are crucial to establish a link between silica exposure, your illness and its impact on your life. Court-ordered assessments could include:
These evaluations will determine the severity of your illness, its impact on your quality of life, and the potential for future complications.
Your lawyer will negotiate with insurers or responsible parties to secure a fair settlement. This process can involve multiple rounds of discussions and counteroffers.
At this step, you mustn’t rush to settle. The full extent of silicosis can take time to manifest, so it’s important you understand the long-term implications before agreeing to settle. Consider factors such as potential career changes, ongoing medical needs, and future care requirements. Your lawyer will provide expert guidance on determining a fair settlement amount that adequately addresses your current and future needs.
Unlike statutory workers’ compensation schemes, common law claims allow you to sue for damages if you can prove that your employer or another party was negligent in exposing you to silica dust.
These claims can potentially result in higher payouts as they take into account a broader range of factors.
The amount of compensation you could receive through a common law claim for silicosis varies widely depending on:
While it’s difficult to provide exact figures without knowing the specifics of a case, here are some general ranges:
Mild to moderate cases | Compensation might range from $100,000 to $500,000 |
Severe cases | For severe or progressive silicosis, compensation could range from $500,000 to over $1,000,000 |
Exceptional cases | In cases of extreme negligence or very severe impact, compensation has exceeded $2,000,000 in some instances |
Disclaimer: This information provides a general overview and does not guarantee a specific settlement amount. Each case is unique, and the compensable outcome can vary. Consulting with a qualified lawyer is essential to understand your specific situation and potential compensation.
Learn more: How much compensation for mesothelioma could I win?
As awareness of silicosis has grown, so too has the pursuit of justice through class action lawsuits. This legal avenue allows groups of workers affected by a common wrong—in this instance, exposure to silica dust—to seek compensation collectively.
There are a few benefits to pursuing class action lawsuits:
Class action lawsuits are constantly evolving, so it’s crucial to stay informed about any ongoing or potential class actions related to silicosis.
Australia is taking significant steps to combat silicosis.
From July 1, 2024, a nationwide ban on engineered stone came into effect. This ban aims to drastically reduce worker exposure to silica dust, a primary cause of silicosis.
Beyond the ban, stricter regulations for handling materials containing crystalline silica are also being implemented. This includes setting stricter exposure limits and requiring employers to implement robust control measures.
These changes are a crucial step towards protecting the health of workers and preventing silicosis cases in the future.
Unfortunately, this does not aid those who are already affected by the disease.
Katie Ferrier, Lawyer and specialist on Dust Disease cases at GMP Law, explains, “Every year, we deal with countless cases of people who, due to the negligence of their employers, have been exposed to unsafe working conditions. This decision should serve as a reminder to all Australian businesses on the need to prioritise the health and safety of their employees. The engineered stone ban is a welcomed step forward towards the safety and long-term health for those who have been required to handle the dangerous material as part of their job. After a lengthy campaign warning of the dangers of inhaling silica dust, thousands of workers will now be safe from exposure to the hazardous substance.”
If you suspect you’ve been exposed to silica dust and are experiencing related health issues, seeking legal advice is crucial.
GMP Law’s experienced dust disease team can assess your claim, explain your options, and guide you through the complex process of claiming compensation. Don’t let the health and financial burdens of silicosis impact your life without taking action. We will fight for the compensation you deserve.
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