Silicosis

There are three clinical kinds of silicosis – acute silicosis, accelerated silicosis and chronic silicosis.

Silicosis is a group of incurable and serious lung diseases caused by inhalation of crystalline silica dust. Silica is present is many widely used material such as stone, quartz, sand, soil, brick, mortar, cement and some engineered stone products.

Symptoms of silicosis may appear anytime from a few weeks to several years after exposure. This disease attacks the lungs and involves inflammation and the development of scarring of the lungs. While complications may initially appear mild, starting with a slight cough or shortness of breath, they can progress to lung disease and even complete respiratory failure leaving a person unable to breathe without the assistance of a ventilator. Silica dust exposure can also increase a person’s chance of developing other illnesses, including lung cancer, chronic bronchitis, emphysema and kidney damage.

The value of the claim depends on a variety of factors. The most significant factors are the level of disability, and the likely progression of the disease. Other factors, including whether you are still in employment (or if the disease has stopped you from working), along with the amount of care you need, and whether you provided care to any dependent will also be relevant.

As the law is different in different states, there is no simple answer to this question. It will depend on where you were exposed to silica. In NSW, there is no time limit in which to commence a claim. However, in order to recover damages for pain and suffering and loss of expectation of life, the claim must normally be commenced in the person’s lifetime.

The compensation entitlements you can claim is dependant on your case. No two cases are the same. Once on of our expert lawyers have assessed your situation they will be able to advise you on all of the entitlements you can claim.
You may be entitled to claim for:

– Loss of income
– Hospital expenses
– Rehabilitation Costs
– Home Assistance
– Pain and Suffering
– Loss of Life Enjoyment

A claim for a person suffering from silicosis or other silica induced disease usually takes between 4 and 10 months to finalise. Claims can run quicker if necessary.

Your appointed AJB Stevens lawyer will be able to give you an estimate of how long things will take to progress and for you to receive entitlements, always making sure you are updated with any changes.

Yes, in some circumstances a claim can still be investigated and brought if the employer is no longer in existence or if you are no longer employed by the business where you were exposed. Our silicosis lawyers can provide you with advice on this matter specific to your circumstances.

We act on a “no win/no fee” basis in all silica disease cases. We will undertake a thorough investigation, which may include obtaining medical or other reports prior to commencing proceedings and in order to provide you advice on the merits of your claim. We will pay for these items. We will only recover our fees if you are successful in your claim.

You will not be charged any money up front. We will pay all disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim.

When you work with AJB Stevens the compensation claim process could not be easier. Our top lawyers will assess your situation to ensure that you have a solid case. From here we will look further into the situation that caused your injuries, taking care to ensure we have all the information we need. Once all information is gathered we will work to seek compensation through negotiations either with those who are responsible for your injuries. If negotiations do not work then we will help you through the court process.