Silica Dust Disease – Silicosis Compensation Lawyers NSW

Regarding silica dust exposure and work injury, solely based in New South Wales, there are no time limits on making a claim with iCare or bringing a court action in the Dust Diseases Tribunal of New South Wales. If the exposure occurred in other states, as well as in NSW, you may be subject to time limits depending on the legislation in those States or Territories. 

If you believe you are entitled to compensation for a silica-dust disease, the best course of action is to contact a law firm experienced in work injury compensation claims as soon as possible. For legal advice, contact BurkeMead Lawyers.

Silicosis is a long-term and incurable lung disease caused by inhaling large amounts of crystalline silica dust – a substance naturally found in certain types of stone, rock, sand and clay. Working with these materials can create a very fine dust that can be easily inhaled and can lead to the development of lung disease, usually caused by regular exposure over years.

The most common symptoms of silicosis include persistent coughing, shortness of breath, difficulty breathing, and chest pain.

Proving you have silicosis is a medical process and you will need to work with your GP and relevant specialists. If your doctor suspects you may be suffering from silicosis, you may be referred to a specialist for testing to confirm the diagnosis. Tests you may have include scans, such as a chest X-ray or CT scan, to produce detailed images of your lungs and detect any abnormalities. You may also need to undergo lung function testing (spirometry) – essentially, you breathe into a machine that can measure how well your lungs are functioning. There may also be other tests done to eliminate other possibilities.

The value of a claim will depend on the type of silicosis disease you have been diagnosed with or how severe it is, as well as whether or not you are able to work. Claims for compensation for silicosis have a wide range of outcomes, from compensation for ongoing medical expenses to lump sum payments. The compensation you may receive is dependent on your individual circumstances and ongoing needs, which is why it’s important that you seek legal advice PRIOR to accepting any lump-sum payment from an insurer.

For more clarity around potential compensation, it’s best to speak with a legal professional regarding your case.

As Workers’ Compensation is a type of insurance and a requirement for all NSW employers, any payout following a successful compensation claim will be paid by your employer’s insurance company.

The purpose of insurance companies is to provide cover for specific circumstances. In the case of Workers’ Compensation, it provides peace of mind for businesses in the event employees suffer work-related injuries or diseases.

The role of BurkeMead’s personal injury lawyers is to assist claimants in making a successful claim to receive the full amount of compensation they’re entitled to.

Your ability to make a silicosis claim for is not impacted by other medical conditions. Expert medical specialists will be able to separate the impact of silicosis on your health and wellbeing from your other medical conditions. Even if other medical conditions are present or pre-existing, the effects of silicosis can be identified and you can make a claim based on the impact of the silicosis alone.

In NSW there are no “out of pocket” costs if you are eligible to make a statutory workers compensation claim. The Independent Review Office (IRO) provides funding upon successful application, which covers most costs.

We understand finances can be a complicated matter and can discuss all financial information during the initial obligation-free consultation.