Silicosis & Dust Disease Lawyers

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Sydney, NSW, ACT & WA

Achieved over $60M in compensation
for clients in the past 10 years

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compensation claims​

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50+ years of collective experience

Who can make a silica dust claim for compensation?

Workers who have been exposed to silica dust and diagnosed with a dust-related disease, such as silicosis, asbestosis, or lung cancer, may be entitled to claim compensation. This includes individuals currently employed, those who have retired, and even the families of deceased workers in certain cases. 

You do not have to be working at the time of diagnosis to be eligible. Claims can often be made if the exposure occurred many years ago, as dust diseases can take decades to develop. Eligibility is not limited to Australian citizens – overseas workers employed in Australia may also qualify. 

Legal advice is crucial to determine your rights, as time limits and claim types vary between states. If you can show your illness resulted from occupational exposure to respirable crystalline silica, you may be entitled to compensation for medical costs, lost income, and pain and suffering.

Occupations most at risk of Silicosis and Dust Disease

Silicosis and other dust-related diseases are most common among workers who regularly handle materials containing crystalline silica. 

High-risk occupations include stonemasons, quarry and mine workers, construction labourers, demolition workers, and those involved in tunnelling and excavation. Trades such as tilers, bricklayers, concrete cutters, and ceramic workers are also at significant risk due to prolonged exposure to dust during cutting, grinding, or polishing. Workers in manufacturing sectors, such as foundries and glass production, may also face exposure hazards. 

Even short-term, high-intensity exposure can be dangerous. With engineered stone benchtops becoming increasingly popular, cases of accelerated silicosis have risen sharply among young tradespeople. 

Employers have a legal duty to provide adequate protective equipment, implement dust control measures, and ensure safe work practices. Failure to do so can lead to serious, preventable illness.

Compensation for workers affected by Dust Disease

Workers affected by dust diseases may be entitled to substantial compensation to help cover the financial and personal impact of their illness. Depending on the jurisdiction, benefits can include weekly payments for lost income, lump sum payouts, medical and rehabilitation expenses, and assistance for home and personal care. 

In fatal cases, dependants may be able to claim death benefits and funeral costs. The amount of compensation depends on factors such as the severity of the condition, level of disability, and the worker’s age and earnings history. 

In some cases, multiple claims may be available – for example, statutory workers’ compensation and a separate common law damages claim if negligence can be proven. 

Seeking legal advice early is critical, as strict timeframes apply and the evidence needed to prove exposure and liability can become harder to obtain over time.

Silicosis Compensation Claims

A silicosis compensation claim seeks to recover damages for workers whose health has been harmed by exposure to silica dust. These claims may be pursued through statutory workers’ compensation schemes, or through common law claims if employer negligence contributed to the exposure. 

A successful claim can provide financial support for treatment costs, lost income, pain and suffering, and reduced life expectancy. Lawyers experienced in dust disease cases will typically gather evidence such as medical reports, workplace records, and expert testimony to establish the link between your illness and occupational exposure. 

Importantly, you may still be able to claim even if the exposure occurred decades ago, or across multiple employers. In urgent cases, courts can fast-track claims to ensure seriously ill workers receive compensation during their lifetime. The right legal team can guide you through the process to maximise your entitlements and secure your future.

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