Understanding Silicosis: Claims Guide for Australians

31 July 2024

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.

Quick Links

What is silicosis?
Employer obligations prevent silicosis
Statute of limitations of silicosis claims in NSW
Steps in a silicosis claim

How much compensation for silicosis could I win?
Silicosis class actions
Protecting workers from silicosis in 2024
Consulting a dust disease lawyer

What is silicosis?

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:

Using power tools to cut or polish natural and engineered stone countertops
Drilling plant operations
Cutting concrete, especially using dry methods
Pottery making
Angle grinding or jackhammering
Hauling and dumping rock.

Silicosis belongs to a group of conditions known as dust diseases (or pneumoconioses). Other well-known conditions include mesothelioma and asbestosis.

What is the likelihood of developing silicosis?

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.

What are the symptoms?

Silicosis affects the performance of the lungs, with areas of hardened and scarred tissue preventing the organs from fully functioning.

Early silicosis symptoms include:

Shortness of breath
A persistent cough
A lack of energy or tiredness.

People may also experience:

Loss of appetite
Chest pains
Fever
Cyanosis (a blue tinge to the skin).

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.

Types of silicosis

According to HealthDirect, there are three primary types of silicosis:

Acute silicosis: Rapidly develops after intense, short-term exposure leading to severe inflammation and respiratory distress.
Accelerated silicosis: Occurs after moderate to high exposure over several years (between five to 10), resulting in lung tissue scarring and reduced lung function.
Chronic silicosis: Develops from long-term exposure (10+ years) to lower levels of silica dust, causing gradual lung damage.

What other diseases can silica dust cause?

Silica dust exposure has also been linked to a range of other health issues, including:

Lung cancer
Kidney disease
Chronic obstructive pulmonary disease (COPD)
Autoimmune diseases.

How is silicosis diagnosed?

People who suffer any of the mentioned symptoms should visit their GP immediately.

Your doctor will likely conduct a thorough examination, which might include:

Medical history: Discussing your occupation, exposure to dust, and symptoms.
Lung examination: Listening to your lungs with a stethoscope for abnormal sounds.
Ordering imaging tests: Chest X-rays and CT scans can reveal characteristic signs of silicosis, such as small nodules in the lungs.
Lung function tests: A spirometer may be used to test breathing capacity.

What treatments are available?

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:

Avoid further exposure to prevent the condition from worsening
Quit smoking
Monitor your lung function with regular medical check-ups
Take medication to manage the symptoms
Engage in pulmonary rehabilitation.

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.

Do you want to learn more about filing a compensation claim?

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Employer obligations to prevent silicosis

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:

Conducting a risk assessment
Employers must identify hazards and assess the risks associated with silica dust exposure in the workplace.
Implementing control measures
They must:
- Eliminate the hazard where possible, such as using alternative materials that do not contain crystalline silica dust.
- Implement engineering controls, such as wet-cutting methods or using local exhaust ventilation.
- Ensuring the exposure standard for respirable crystalline silica dust is upheld.
- Use administrative controls, such as using safe work procedures. This could include designating areas for tasks that generate dust or employing job rotation.
- Provide personal protective equipment (PPE).
Monitoring and maintaining
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.
Providing training
To ensure worker safety, employers must provide regular information and training sessions outlining the risks associated with silica dust exposure and safe work practices.

What constitutes negligence?

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:

Failure to assess risks
Inadequate control measures (such as relying solely on PPE without higher-level controls)
Lack of training
Insufficient monitoring of silica dust levels or worker health
Failure to provide PPE
Ignoring worker concerns
Inadequate maintenance of dust control equipment
Prioritising production over safety.

Statute of limitations of silicosis claims in NSW

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:

better access to evidence and records.
potential for provisional damages if the condition worsens.
quicker access to compensation to help with medical expenses and lost income.

Steps in a silicosis claim

Securing compensation for silicosis can be a complex process. Here’s a look at the steps involved:

Seek medical advice
The first step is to get a formal diagnosis from a medical professional. Ensure you safely store all medical records, including test results and treatment plans, as this will be essential in proving your claim.

In May 2024, Australia launched the first National Occupational Respiratory Disease Registry. Doctors must report your silicosis case to a national registry; failure to do so will result in a fine. This helps to identify exposure hotspots and inform public health measures. For claimants, it’s another helpful piece of evidence for your case.
Consult a dust disease lawyer
A specialised silicosis lawyer will assess your case and explain your options. They will evaluate the potential for statutory workers’ compensation or common law negligence claims and advise you on your best action. Claiming through workers’ compensation is limited to statutory provisions, so you may, for example, have more entitlement by bringing a common law claim.
Investigate exposure source
With the help of your lawyer, you will need to identify potential sources of silica exposure, including employers, product manufacturers, or property owners. They may suggest considering multiple sources if you’re unsure about the exact origin of the exposure.
Gather evidence
Any documentation related to your exposure to silica dust will be important. This includes:
- Employment records
- Past medical reports
- Material that conveys the impact of silicosis on your daily life.
File your claim
Your lawyer will prepare and submit the necessary paperwork for your claim, whether this be for statutory workers’ compensation or a common law claim. They will also ensure that this is filed within the stipulated timeframe, which differs based on the state or territory you are located.
Medical assessment
Medical assessments are crucial to establish a link between silica exposure, your illness and its impact on your life. Court-ordered assessments could include:
- Respiratory function tests
- Imaging studies
- Pulmonary function tests
- Expert medical opinions.
These evaluations will determine the severity of your illness, its impact on your quality of life, and the potential for future complications.
Negotiation and settlement
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.
Litigation (if necessary)
If an unsatisfactory settlement cannot be reached, your case may proceed to court. The legal process typically involves discovery (evidence gathering), hearings to set up the case for trial, and a final trial. Having a dedicated lawyer by your side can significantly ease the burden and increase your chances of a successful outcome.

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How much compensation for silicosis could I win?

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.

Factors that affect compensation amounts

The amount of compensation you could receive through a common law claim for silicosis varies widely depending on:

The severity of the condition: Compensation tends to be higher for more severe cases of silicosis, especially if it’s progressive or has led to complications.
Age and life expectancy: Younger individuals with a longer life expectancy may receive higher compensation due to longer-term impacts on earning capacity and quality of life.
Economic loss: This includes past and future lost income, superannuation losses, and impact on career progression.
Medical expenses: Both past and estimated future medical costs are considered.
Pain and suffering: Non-economic damages for physical and psychological pain can form a significant part of the claim.
Care and assistance needs: If you require ongoing care or household assistance, this will be factored into the compensation.
Negligence degree: The extent of the defendant’s negligence can influence the compensation amount.

Potential compensation ranges

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?

Silicosis class actions

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:

Shared resources: Pooling resources among affected workers can lead to a stronger case.
Efficiency: Class actions can streamline the legal process, reducing the burden on a single individual.
Accountability: Holding responsible parties accountable for their negligence is a central goal of these lawsuits.

Class action lawsuits are constantly evolving, so it’s crucial to stay informed about any ongoing or potential class actions related to silicosis.

Protecting workers from silicosis in 2024

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.”

Consulting a dust disease lawyer

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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