What is silicosis?
Silicosis is a lung disease caused by exposure to silica dust. This dust is produced during mechanical processes like crushing, cutting, drilling, grinding, sawing, or polishing products containing silica. Once inhaled, silica dust can reach deep into the lungs, causing irreversible damage.
Unlike asbestos-related diseases, which can take decades to manifest, silicosis can develop as early as one year after exposure — though it’s typically diagnosed around ten years later.
If you’ve developed silicosis, making a compensation claim can provide essential financial support for you and your family. You may be eligible for a substantial lump sum settlement to help cover lost income, medical expenses, and other related costs.
Occupations most at risk of silicosis
In our 25 years’ experience handling silicosis claims, we’ve found that certain industries and occupations are particularly at risk:
- Construction workers: especially those involved in tasks like cutting, grinding, drilling, or crushing stone, concrete, and brick.
- Mine workers: particularly those working in coal mines, hard rock mines, and quarries.
- Stonecutters: anyone who cuts, shapes, or installs stone for buildings, countertops, and monuments.
- Foundry workers: those involved in casting metal objects, particularly sandblasting.
- Manufacturing workers: silica is a common component in manufacturing related to glass, ceramics, brick, tile and pottery.
- Demolition workers: tearing down buildings that contain silica-based materials.
- Tunnel workers: including those involved in drilling and excavating tunnels in rock that contains silica.
- Concrete workers: anyone who cuts, grinds, or polishes concrete.
Symptoms of silicosis
The symptoms of silicosis vary depending on the timing and severity of your exposure.
In the early stages of silicosis, you may only experience mild symptoms such as shortness of breath, a cough, or a build-up of phlegm. In some cases, you may not experience any symptoms at all. This stage is known as ‘simple silicosis.’ If your exposure is minimal, your condition may not worsen beyond this stage.
However, if you had heavy or long-term exposure to silica, you may develop ‘accelerated silicosis,’ or progressive massive fibrosis. Both illnesses are severe and can cause:
- Difficulty breathing
- Severe shortness of breath
- Persistent cough
- Leg swelling
- Night sweats
- Fever
If you experience any of these symptoms or have a history of silica exposure, it’s vital to seek medical attention immediately. Since silicosis symptoms take an average of ten years to appear, you could still be at risk of developing silicosis even if the exposure happened years ago.
Other diseases caused by silica dust exposure
While silicosis is the most common, silica dust exposure can cause many other diseases, including:
- Lung cancer
- Tuberculosis
- Emphysema
- Chronic bronchitis
- Asthma
- Rheumatoid arthritis and other auto-immune diseases
This is by no means a complete list — if you’ve developed a disease from silica exposure, we’ll help you get the compensation you deserve. Our expert dust disease lawyers have extensive experience with claims for diseases caused by silica, asbestos, and other harmful dusts.
Can I make a compensation claim for silicosis?
Anyone who develops a disease due to silica exposure may be eligible for compensation. It doesn’t matter if:
- The exposure happened years ago.
- You were exposed through second-hand contact.
- You’re a contractor, self-employed, or no longer with the same employer.
- You were (or are) a smoker.
- The source of silica has been removed.
- Your exposure wasn't work-related.
This is not a complete list — if you’ve been exposed to silica dust or diagnosed with silicosis, you may have grounds for a compensation claim.
Not sure how or when you were exposed? We can investigate.
If you're unsure about the details of your silica exposure, our experienced lawyers can conduct a thorough investigation for you. Using our extensive experience in silicosis claims, we'll gather information and trace the origin of your exposure — whether it occurred at a workplace, in a building, or through a product.
Get in touch today to discuss tracing your silica exposure history.
Speak to a lawyer now
What types of claims can I make?
There are two primary types of silicosis claims: ‘statutory claims’ and ‘common law damages claims’. Depending on your situation, you may be eligible for both.
Statutory compensation claims
If you were exposed to silica dust at work, you may qualify for a statutory compensation claim.
Each state in Australia has its own compensation scheme for silicosis and other dust diseases. For instance, in Victoria and Queensland, you typically lodge a silicosis claim through the regular workers compensation scheme. However, in states like NSW, you must apply through a specialised dust diseases body.
An exception to this rule applies if you were employed by the Commonwealth or certain private companies (e.g., Telstra or Australia Post) during your exposure. In these instances, you may have a claim under the Comcare scheme instead.
How much compensation can I get?
All workers with silicosis are entitled to weekly payments to cover:
- Medical expenses
- Lost income
- Rehabilitation expenses
- Retraining costs
However, if you develop accelerated silicosis or progressive massive fibrosis, you may be eligible for a lump sum settlement instead. The amount you receive hinges on factors like your age, life expectancy, and the extent of your impairment.
It’s crucial to be aware that your compensation may be capped by your state’s ‘maximum compensation’ limit, which is the highest amount allowable for a single claim. This limit varies across states and is adjusted annually to account for inflation.
For example, in Queensland, the current maximum compensation limit is $380,580; while in Tasmania, it’s $362,077.20.
Common law damages claims
While statutory claims provide essential compensation, common law damages claims offer substantial lump sum payouts for individuals affected by silicosis.
Eligibility for a common law damages claim depends on the specifics of your case and the state where your exposure occurred.
| State | Eligibility |
| NSW, VIC, QLD, WA | You can claim common law damages in addition to your statutory compensation claim. Depending on your state, you may need to apply to the court or fulfil other criteria before starting your claim. |
| TAS | No common law damages available unless the exposure occurred outside Tasmania or not as a result of employment. |
| Comcare | You must choose between a common law damages or a statutory compensation claim. |
How to make a common law damages claim
To successfully pursue a silicosis claim, you must meet four key criteria:
- Diagnosis: a qualified medical professional must diagnose your silicosis.
- Dust exposure: you must have documented exposure to silica dust, whether at work, home, or elsewhere.
- Traceable source: you need to identify the specific employer or manufacturer responsible for your silica exposure.
- Causation: your silicosis must be directly caused by this exposure.
In Western Australia, meeting a minimum percentage of impairment may also be necessary before pursuing a silicosis claim.
How much compensation will I receive?
You will receive lump sum compensation to cover various costs related to your silicosis, including:
- Pain and suffering (the impact of your condition on your life).
- Loss of life expectancy.
- Loss of ability to care for dependents (e.g. children or a spouse).
- Professional care or support from loved ones.
- Lost income and superannuation (if you're unable to work).
- 'Out of pocket expenses' such as hospital fees, medication, and other related costs.
Frequently asked questions
You may be eligible for multiple claims, depending on your state, the specific type of condition, and your work capacity.
In NSW and Victoria, for example, you can settle your claim ‘provisionally’ if you’ve been diagnosed with a silicosis. This means you may be able to pursue another claim later if you develop progressive massive fibrosis, tuberculosis, lung cancer or another silica-dust-related cancer.
Moreover, if your condition prevents you from returning to work, you may qualify for a Total and Permanent Disability (TPD) claim. As part of our thorough case evaluation, we identify all potential claims, often discovering opportunities for significantly higher compensation beyond your initial silicosis claim alone.
In many states, you have the opportunity to pursue a ‘dependency claim’ if your loved one passes away from silicosis-related respiratory failure or another silica dust disease. To qualify for this claim, you generally need to show:
- The deceased would have been entitled to compensation if they were alive.
- You were financially dependent on the deceased, such as being their spouse, child, or another reliant person.
A successful dependency claim can result in:
- Receiving a lump sum payment.
- Weekly payments for dependent children.
- Coverage of funeral expenses.
In NSW, there is no time limit for making a silicosis claim — so you can seek compensation regardless of when the exposure occurred.
If you’re in other states, strict time limits may apply to your claim. For example, in South Australia, Victoria, and Western Australia, you must initiate your claim within three years of being diagnosed with silicosis.
If you’re outside the time limit, our seasoned silicosis lawyers are available to help. With over 25 years of experience handling silicosis claims, we can request an extension on your behalf.
The timeframe for your claim depends on several factors, including when you were exposed to silica dust and the number of parties responsible.
Given the aggressive nature of silica dust diseases like progressive massive fibrosis and lung cancer, most states have streamlined processes to expedite dust disease claims. This means your claim could potentially be resolved within 2 to 6 months.
In NSW, for example, claims for many dust diseases are accelerated through the Dust Diseases Tribunal. This involves specific protocols, early information exchange, and a focus on achieving swift settlements.
If your condition is severe, you can also request ‘urgent case management’, prioritising your claim outside the standard tribunal procedures for faster resolution.
How much will my claim cost?
Absolutely nothing. In NSW, statutory silicosis claims are government-funded through the Independent Review Office (IRO). This means we can take on your claim for free.
For common law damages or TPD claims, our No Win No Fee guarantee has you covered. There are no upfront fees, and you only pay if we successfully secure your compensation. If we don’t win, you don’t pay a cent. It’s that straightforward.
- No financial risk: we handle all upfront costs, including expert evidence, legal fees, and administrative expenses.
- Transparent fees: before we get started on your claim, you'll receive a detailed breakdown of all our fees.
- Avoid court costs: thanks to our experience and effective negotiation skills, it's likely we'll settle your claim through out-of-court mediation. This saves you the time and expense of going to court.
- Reduced legal fees: by recovering the majority of our fees from the opposing party, we ensure you retain a higher portion of your total compensation.
- 30-day risk-free trial: evaluate our services with a 30-day trial period. If you decide to cancel within this time, you won't be charged any fees.
The claims process
While each silicosis claim is unique, here are the essential steps your claim will follow. Throughout the process, our dedicated lawyers are there to provide support and guidance.
Start with a free consultation where you’ll discuss your situation. Our lawyers will outline your potential claims, estimate your compensation, and discuss the best strategy to maximise your benefits. If you’re hospitalised or seriously ill, we can come to you.
We’ll notify your state insurer of your intention to file a workers compensation claim for silicosis. If you’re making a common law damages claim, we’ll submit a ‘statement of claim’ to begin court proceedings.
Using our national network of experts, we’ll compile strong medical and liability evidence to support your claim. This evidence is crucial for detailing your silica exposure and demonstrating the impact of your silicosis on your life. If you’re unable to travel due to illness, we can arrange for legal documents to be sworn at your hospital or home.
Armed with comprehensive evidence, we’ll formally lodge your claim with the relevant insurer or court. Workers compensation claims often result in swift approval and payment, while common law damages claims may involve a pre-court mediation.
The majority of cases are resolved through out-of-court mediation, where your lawyer will negotiate on your behalf for the best possible outcome. In the rare case that mediation fails, your lawyer will explore alternative legal strategies with you.
Australia 
