After being almost completely wiped out from the mining industry, an epidemic of silicosis has begun affecting those working with engineered stone. If you have been affected by this disease in the workplace, it’s essential to understand your right to compensation.
With a recent push for a ban on engineered stone, it’s also important to try and prevent it before it becomes dangerous.
What is Silicosis?
Silicosis is a progressive and incurable lung disease caused by inhaling crystalline silica dust over a long time. When silica dust is inhaled, it can lodge in the lungs and cause inflammation and scarring of lung tissue. This can lead to reduced lung function and breathing difficulties. Severe cases can also cause disability and death. Silicosis has different forms with varying levels of severity. Symptoms of silicosis may include coughing, chest pain, fatigue, and respiratory infections. There is no cure for silicosis. It’s important to prevent the disease and treat it when first diagnosed.
Miners and construction workers have been prone to silicosis in the past. But in recent years there has been a spike in stonemasons being diagnosed with the condition. Silica dust is commonly found in engineered stone which is used to construct some modern kitchen benchtops.
Safe Work Australia’s Prohibition on the Use of Engineered Stone
Safe Work Australia (SWA) currently has a workplace exposure standard for those working with silica materials. However, with the increase in silicosis cases in recent years, there have been submissions to SWA for a total ban on engineered stone.
Earlier this year, Safe Work Australia held a consultation seeking feedback on three proposed prohibition options:
- Prohibition on the use of all engineered stone
- Prohibition on the use of engineered stone containing 40% or more crystalline silica
- Prohibition on the use of engineered stone containing 40% or more crystalline silica and licensing of PCBUs working with engineered stone containing less than 40%
There have also been calls from unions and other health groups to ban the use of engineered stone. They believe a full ban should be in place until research on safe exposure levels is conducted.
Workers’ Compensation for Silicosis
Even with the potential ban on engineered stone in the future, there are still many workers who have already been exposed to dangerous levels of silica dust. Symptoms for silicosis can remain dormant for 10 to 30 years. This means you may only be diagnosed after years of working or after you’ve stopped working.
Diagnosis of Silicosis
If you think you are suffering from a respiratory condition, you should first inform your employer and see your GP immediately. It is recommended to make a workers’ compensation claim as soon as receive a diagnosis of silicosis that may have been caused by exposure to silica dust (dust disease) in your workplace.
Making a Workers’ Compensation Claim
Those workers who have been diagnosed with silicosis as a result of exposure to silica dust in their workplace may be entitled to claim workers’ compensation. Financial benefits may be sought to compensate for medical expenses, rehabilitation and loss of earnings if the claim is accepted.
If you believe your case of silicosis was caused by the negligence of your employer, you may be eligible to make a common law claim. You can make a common law claim if you meet the criteria and are still within limitation periods or any extensions that could be sought.
With the potential for stricter standards for working with engineered stone to be set in the future, we hope the amount of silicosis cases begins to decrease. However, for those who have already been affected by this disease, it is important to follow the correct process when claiming compensation for your injury.
You have the right to legal representation when making a compensation claim. Being diagnosed with silicosis can become a burden for you and your family. Receiving advice from a workers’ compensation lawyer can make the process less stressful. At Anvil Legal, we can help assist and represent you throughout your compensation process. Contact us today for a free consultation.
