Silicosis is a serious and irreversible lung disease, that is being diagnosed at alarming rates across Victoria, particularly among younger tradespeople exposed to engineered stone.
Carbone Lawyers are experts in helping workers exposed to silica dust understand their rights and access compensation. With decades of experience and a No Win, No Fee policy, our team ensures clients don’t settle for less than they deserve.
Learn more about what silicosis is, who’s at risk, what compensation is available under Victorian law, and how to take action if you’ve been affected.
What silicosis means for your health and future
Silicosis is a lung disease caused by inhaling respirable crystalline silica dust. The particles become trapped in the lungs, causing inflammation and scarring that limits breathing and reduces lung function. There are three recognised types of silicosis:
- Chronic silicosis – develops over 10 years or more of low-level exposure
- Accelerated silicosis – appears within 5 to 10 years of high exposure
- Acute silicosis – occurs rapidly after intense exposure, sometimes within weeks or months
Because the condition develops gradually, many workers do not recognise the early warning signs until the disease has progressed significantly.
Industries and jobs in Victoria most at risk
Silica dust is produced during cutting, grinding, crushing, or drilling of materials that contain crystalline silica. If you’ve worked with engineered stone, concrete, brick, or similar materials, your exposure risk may be high. Occupations at higher risk include:
- Stonemasons and benchtop fabricators
- Construction and demolition workers
- Tilers and bathroom renovators
- Sandblasters
- Quarry and mine workers
- Concrete cutters and grinders
- Workers manufacturing engineered stone products
If you’ve worked in dusty environments, it’s worth assessing your risk.
Compensation you can claim through WorkCover
If your exposure to silica dust occurred at work in Victoria, you may be entitled to claim compensation through the WorkCover scheme. Eligible benefits may include:
- Weekly income payments – up to 95% of your pre-injury average earnings for the first 13 weeks, then 80% thereafter
- Medical and treatment costs – including respiratory therapy, medication, rehabilitation, and hospital expenses
- Home and vehicle modifications – if your condition affects mobility
- Lump sum compensation – if you suffer a permanent impairment and meet the threshold under the scheme
You do not need to be a full-time employee to be eligible. Casuals, part-timers, apprentices, and some subcontractors may also qualify.
If you’ve already had a WorkCover claim denied or are unsure where to start, Carbone Lawyers can step in and handle the process for you. Learn more about WorkCover and Workers’ Compensation.
Can you sue your employer for negligence?
If your silicosis is classified as a serious injury and your employer failed to provide a safe workplace, you may be entitled to bring a common law damages claim. This is separate from WorkCover and can result in a significantly higher payout. You may be able to claim for:
- Pain and suffering
- Past and future loss of income
- Loss of superannuation entitlements
To succeed in a common law claim, you must show your employer breached their duty of care, for example, by not providing adequate dust control measures, personal protective equipment, or training.
Silicosis and your superannuation rights
In addition to compensation through WorkCover or common law, you may be eligible for financial support through your superannuation fund. These benefits may include:
- Total and Permanent Disability (TPD) claims if you can no longer work due to your condition
- Income protection insurance payments, if your super policy includes cover
- Early access to superannuation on compassionate or medical grounds
Many workers are unaware that they may hold multiple super accounts with built-in insurance. Carbone Lawyers can help you review your policies, gather medical evidence, and lodge your claim.
Learn more about TPD and Income Protection.
What to do immediately after diagnosis
If you’ve been diagnosed with silicosis, early action is essential, not just for your health, but to protect your legal entitlements. Take these steps:
- Seek a formal diagnosis from a respiratory specialist
- Record your work history, including employers, job duties, and any known silica exposure
- Avoid signing documents or settling until you’ve received independent legal advice
- Contact Carbone Lawyers for a confidential assessment of your eligibility to claim
Time limits that could affect your claim
Victorian law places strict timeframes on when claims can be made.
- WorkCover claims should be lodged within 30 days of becoming aware of your condition (extensions may apply)
- Common law claims must be initiated within six years of diagnosis or becoming aware the condition is work-related
Waiting too long can result in the loss of key evidence or missed deadlines. The sooner you act, the stronger your case is likely to be.
Why you should choose Carbone Lawyers
We have a track record in workplace injury and occupational disease claims, including asbestos, chemical, and silica-related illnesses. We understand the complex medical and legal issues involved and have helped many clients secure the compensation they deserve.
Furthermore, we pride ourselves on offering compassionate, client-focused service with a No Win, No Fee guarantee. That means you pay nothing upfront, and you won’t pay our fees unless your claim is successful.
Talk to someone who understands silicosis and your rights.
Whether you’re ready to begin a claim or just need advice, the team at Carbone Lawyers is here to help you take the next step. Contact us for a private and confidential consultation.
