Silicosis Compensation Lawyers

Overview

Silicosis is a serious disease

No one deserves to become permanently ill just for doing their job. Unfortunately, it happens all too often in Australia as a result of negligent conduct or lack of knowledge.

Each year hundreds of stonemasons, miners and other workers discover they’ve been exposed to dangerous silica dust at a worksite, sometimes years after the fact. If you or a loved one are suffering from silicosis, you deserve justice.

Gerard Malouf & Partners can be your legal representative and support your claim to receive compensation for silicosis.

Years Experience

winning successful cases for our clients.

No Fee

if we don’t win your case

35,000

CLAIMS WON

translating to billions of dollars for our clients.

What is silicosis?

Silicosis is a group of serious lung diseases that can stem from silica exposure as a result of inhaling crystalline silica dust, a mineral present in common work materials like brick, cement, quartz, sand, stone, soil, mortar and some engineered stone products.

Symptoms of silicosis may appear anytime from a few weeks to several years after exposure. While complications may start out with a mild cough or shortness of breath, they can slowly progress to lung disease, until a person is unable to breathe without the assistance of a ventilator. Silica dust exposure can also increase a person’s chance of developing other illnesses, including emphysema, lung cancer, chronic bronchitis and kidney damage.

Although safety protocols have been developed, including wearing masks and wetting dust, silica dust exposure is still far too common on worksites across Australia. In recent years the number of reported cases of silicosis in Australia has increased, heading back toward their peak in the mid-20th century. Experts believe this alarming rise is the result of poor safety practices and lack of education by employers. The disease is most common amongst stonemasons, miners, construction and demolition workers and other workers who use stone products.

If you or a loved one has been diagnosed with silicosis, you have a right to seek compensation that can cover your medical expenses and diminished quality of life. An experienced workers compensation solicitor can help you reach a successful settlement.

Process

How do I make a silicosis compensation claim?

To make a successful compensation claim, you will need to prove that you have silicosis. If you begin feeling ill you should immediately consult a doctor, who can provide documentation confirming your diagnosis. Be sure to tell your practitioner if you work a job where you may have been exposed to silica dust.

If you wish to bring an additional negligence claim against your employer, you’ll also need to prove that your exposure to silica dust occurred while on the job. While this can be more difficult, you can increase your chances of a successful claim by documenting instances where you work with a dangerous material or when a safety violation takes place.

In general, a plaintiff in a dust disease case can claim damages for the following:

The cost of treating the immediate physical or psychological personal injury
Ongoing medical costs, such as domestic care to recuperate from long-term injuries
Non-economic damages, also called “pain and suffering” damages, for psychological or emotional distress
Loss of earnings or superannuation if the incident leaves you unable to work

If you are unsure what damages you can claim for or are worried you have insufficient documentation to make a claim, a silicosis lawyer can help you.

A skilled solicitor can help to gather evidence, even if your exposure to silica dust occurred many years ago, and inform you of your options. If your claim is rejected or you are given an insufficient amount of compensation, a silicosis lawyer can also be your representative through the arbitration process.

How long do silicosis claims take?

Most dust disease claims take between 12 and 18 months to settle, however that number can vary greatly on either end. Time sensitive cases, such as instances where the plaintiff has a limited time to live, can be fast tracked. Cases where multiple factors are up for dispute, meanwhile, may take longer to settle. An experienced silicosis lawyer can work to ensure you receive compensation as quickly as possible.

It’s important to note that some time limits are in place to make a claim, with the exact amount of time varying by state. Most importantly, a plaintiff must make a claim while they are still alive, rather than the claim coming from their estate later on.