What is Silica and Silicosis and how to make a claim for compensation

Silica is a crystalline which is naturally found in stone, rock, sand and clay. Whilst silica is a naturally occurring substance, in recent decades the building industry has turned to engineered stone for applications such as kitchen benchtops. The problem with engineered stone is that the crystalline silica content in engineered stone can contain greater than 90 percent crystalline silica, which is significantly higher concentration than its naturally occurring levels.

Breathing in silica dust, such as when cutting stone benchtops, places tradespeople and workers at significant risk of a lung disease called silicosis.

Silicosis has a latent onset and the symptoms associated with such illness can remain dormant or unrealised for some 10 to 30 years. Symptoms can occur sooner where workers are exposed to greater quantities of silica dust.

As time progresses, however, Silicosis is likely to become increasingly debilitating and is ultimately lethal. 

What Compensation is Available?

Generally speaking, there are two (2) types of compensation available in NSW for those who have contracted a “dust disease” such as Silicosis. Those entitlements are:

Statutory benefits: The NSW Nominal Insurer for workers compensation, iCare, now administer the benefits available under the Workers’ Compensation (Dust Diseases) Act 1926. Those benefits can include a pension-style payment together with payments for medical expenses incurred during the course of treating the illness.

In order to claim these benefits, iCare will need to be notified of the injury (and your diagnosis), and they will investigate the matter in a prompt fashion. This will involve having an investigator appointed to your case in order to determine your specific exposure to silica, when and where it occurred.

Spouses and dependants may also be entitled to payments for statutory benefits under the scheme.

Common Law Claim: Over and above those statutory benefits listed above, there exists a common law right to “sue” for damages. This claim is based in negligence. Obtaining compensation involves proving that a responsible party (such as an employer, or perhaps a manufacturer of the product) caused negligent exposure to dust from a product such as engineered stone. In order for this case to succeed, there must be evidence to link the dust disease to the exposure which occurred. The Dust Disease Tribunal has exclusive jurisdiction to hear claims for dust disease, meaning that is the forum in which these claims must be heard. In order to protect the benefits available under this type of claim, the case must be commenced before the victim dies. The compensation for this claim is often significant.

Dust Disease Claims, including for Silicosis, can be complex. It is important to obtain timely legal advice from expert compensation lawyers. At Kells, we can help – no win, no fee. Contact us today.

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