Have you, or someone you know, been affected by asbestos or silica dust?
You and your dependents have a right to claim compensation.
Asbestos and Asbestos-related disease
Silica is silicon dioxide, a naturally occurring mineral that makes up a large part of most rocks and soils. Crystalline silica is found in sand, stone, concrete and mortar. It’s also in most composite and engineered stone products used for kitchen and bathroom benchtops, bricks, tiles and other decorative surfaces.
When products containing crystalline silica are cut, crushed, drilled, polished, sawn, or ground, it creates clouds of tiny dust particles that are easily inhaled, causing irreversible lung damage.
Silicosis is inflammation of the lungs caused by exposure to silica dust. Acute silicosis can occur after a brief exposure to a large amount of dust. Accelerated silicosis refers to three or more years of moderate to high levels of silica dust, causing inflammation and scarring. Chronic silicosis can develop after long-term exposure to lower levels of silica dust and causes fibrotic nodules and shortness of breath. Unfortunately, there is no treatment for silicosis other than a lung transplant.
Scleroderma is the name for a group of autoimmune diseases in which scar tissue forms in connective tissue, hardening the skin, blood vessels, joints, muscles, and organs such as the kidneys.
Lung cancer is the general name given to any malignant tumour found in the lungs. Exposure to silica dust can contribute to the development of lung cancer over a long period—treatment options include radiotherapy, chemotherapy and surgery.
Who is at the highest risk of Silica dust exposure?
Mining, construction, kitchen and bathroom installation, engineering, and ceramic production are high-risk industries.
Any of the following activities may also lead to the creation of breathable silica dust particles:
- Cutting, grinding, chipping, sanding, drilling, polishing, assembly and installation of natural and manufactured stone products such as benchtops and tombstones
- Excavation, earthmoving and drilling plant operations
- Clay and stone processing machine operations
- Paving and surfacing
- Mining, quarrying and mineral ore treating processes
- Tunnelling
- Construction labouring and cleaning up worksites
- Dry cutting of brick, concrete or stone
- Sandblasting
- Angle grinding, jackhammering and chiselling of concrete or masonry
- Hydraulic fracturing of gas and oil wells
- Glass manufacturing
- Pottery making
Signs and Symptoms of Silica Dust Disease
- Shortness of breath made worse by exertion
- Irregular or difficult breathing
- Severe and persistent coughing
- Phlegm build-up in the chest
- Fever
- Chest pain
- Loss of appetite and weight loss
- Cyanosis (bluish skin) or darkening of the skin.
Claiming for Asbestos or Silica Dust Diseases FAQs
What are the recent changes in legislation regarding silica exposure in Victoria?
As of June 2021, lung cancer with silicosis and scleroderma with silicosis are recognised as proclaimed diseases. This change means that workers don’t need to prove these conditions were caused by their job, simplifying the compensation process. Additionally, from 1 July 2024, certain high-silica-engineered stone bench tops will be banned from being imported, manufactured, or installed in Australia.
What should I do if my employer has gone out of business?
If your employer is deregistered, you may still be able to make a claim if they held workers’ compensation insurance at the time you worked for them. To assess your options and have the best chance at a successful claim, speak to the experts at Carbone Lawyers today.
What evidence is needed to prove an asbestos or silica-related disease claim?
Following recent legislative changes in Victoria, proving a claim for asbestos or silica-related diseases like lung cancer with silicosis or scleroderma with silicosis is now easier. Workers are no longer required to prove that their employment caused the disease, as these are recognised as proclaimed diseases. However, for other asbestos or silica-related conditions, you typically need medical records confirming the diagnosis, employment history indicating potential exposure, expert testimonies linking the disease to the exposure, and evidence of any safety violations by the employer.
The team at Carbone Lawyers are here to help in gathering and presenting this evidence, start your free claim assessment today for the best chance at success.
Can family members of those affected by asbestos or silica exposure also make claims?
Yes, family members can also make claims if a loved one has died from an asbestos or silica-related disease. Dependents or the estate may claim compensation for loss of financial support, funeral expenses, and other related costs. Family members exposed to asbestos fibres brought home on clothing or equipment may also have a claim for any resulting health issues.
Claiming Compensation
People diagnosed with asbestos and silica dust diseases are entitled to claim compensation for loss of income, medical costs, the impact on their enjoyment of life, and other out-of-pocket expenses.
Depending on where and how the exposure occurred, you may be entitled to several avenues of compensation.
- Workers Compensation.
If the exposure was due to your job or working environment, you might be able to claim workers’ compensation to cover loss of income, medical expenses and other costs. - Superannuation Benefits.
You may also be able to claim any insurance you hold for Total and Permanent Disability and Income Protection. You can also seek the early release of your superannuation. - Common Law.
If your exposure to asbestos or silica dust was due to negligence by your employer or someone else, you might be able to sue for damages, including lump-sum damages for pain and suffering and past and future economic loss.
The Personal Injury Law team at Carbone Lawyers has years of experience achieving successful outcomes for workplace pollution victims and will advise you on the best course of action.
Even if the exposure occurred decades earlier, or your employer at the time is no longer in business, we will be able to investigate your case thoroughly to give you the best chance of a successful outcome.
Every day counts
If you have been diagnosed with asbestos or silica-related conditions, please seek advice as soon as possible to secure the compensation you deserve for you and your family.
If you are undergoing treatment or unable to travel, our lawyers will be happy to visit you at home or in the hospital.
No Win, No Fee
When you claim with Carbone Lawyers, you will not need to pay anything upfront or during the claim process. You will pay any legal costs only when your claim is successful. Your lawyer will detail what these may be at your first meeting.
Important changes to lung cancer with silicosis claims
Lung cancer with silicosis and scleroderma with silicosis were added to Victoria’s list of proclaimed diseases on 16 June 2021. Workers who contract these conditions will no longer have to prove that they were injured at work and will no longer be eligible for compensation.
The change not only applies to new and existing silicosis claimants who develop lung cancer or scleroderma but will allow any affected worker or their dependants to retrospectively submit a new claim for injuries suffered since Victoria’s workplace injury compensation scheme commenced in 1985.
