Being diagnosed with silicosis can be truly devastating. While your life may not be what is once was, there are some measures you can take to ensure the effects on your life are reduced.
What is silicosis?
Silicosis is a chronic, deadly lung disease that is caused by the inhalation of silica particles. Silica is a common mineral found in many building materials, such as sandstone, marble, slate, granite, etc. When these materials are cut, ground or polished, tiny respirable silica particles may be inhaled deep into the lungs causing scarring and fibroids. These fibroids make it increasingly difficult for a sufferer to breathe.
Silicosis was up until recently thought to be obsolete in Australia. Decades ago, silicosis was a disease of older men who had been exposed in dust-filled work places before occupational safety measures were put in place. In these cases, the disease often progressed slowly over a number of years.
In recent years, the disease has reemerged in epidemic numbers. The cause is due to the popularity of artificial stone being used in kitchens and bathrooms, in new builds and renovations. This engineered stone is created using resin embedded with silica, the levels of which are much higher than traditional stone benchtops. When this stone is cut and polished, it releases very high levels of respirable silica.
The current epidemic is affecting very young men in the prime of their working life. The form of acute silicosis they are developing is severe and rapidly progressing due to the very high levels of silica in the engineered stone. In late 2018, the Queensland Government banned dry cutting of engineered stone in attempt to curb the crisis, to date the only state to introduce such a ban.
By law, employers are required to protect their workers from hazardous silica dust. Wet cutting systems and technology are vital to extinguish silica-filled dust which is otherwise created when stone is cut dry. A safe work area that isolates the hazard through enclosures and exhaust ventilation is also important. Employers are also required to provide protective clothing and equipment to workers, as well as provide up-to-date training on how to use the protective equipment effectively.
Unfortunately, when symptoms of silicosis appear, such as breathlessness and coughing, the disease is usually advanced. If it’s caught in the early stages and a sufferer then avoids further exposure to silica, the disease will progress more slowly. Sometimes there might be no symptoms but a chest x-ray may reveal the presence of silicosis.
If you are working or have worked with engineered stone, you may have been exposed to high levels of silica. It’s vital that you visit a doctor so they can perform a lung function test and chest x-ray as part of their medical evaluation. You should also avail yourself of free health screening programs which have been rolled out for stonemasons in some states including Queensland and Victoria.
What happens if I’m diagnosed with silicosis?
Your respiratory doctor will be able to give you the best advice when it comes to living with silicosis. If your condition should advance from silicosis to progressive massive fibrosis then, depending on the severity of the decline in the condition, lung transplant surgery is an option that your doctor may discuss and advise you of.
Some of the most important things to do include: • Avoid further exposure to silica and other dusty environments • Don’t smoke or if you do, seek advice about quitting as soon as possible • Get vaccinated against influenza and other diseases that affect the respiratory system • Look after your general health and wellbeing
There has been some fast-developing advancement in the research and use of antifibrotic treatment. It may be worth investigating if there are any trials commencing that you could take part in.
Having emotional support is vital, finding others who may be going through similar situations and who can offer reassurance will help greatly. Ask your doctor or visit The Lung Foundation for a support group near you.
Despite the known dangers of silica in the workplace, many people are still being exposed. Shine Lawyers national special counsel Roger Singh acts for a dozen silicosis clients nationwide and has been campaigning for the past year for stricter workplace regulations to keep workers safe.
He has proposed a strict licensing regime for engineered stone businesses and has written to federal Industrial Relations Minister Kelly O’Dwyer, and all relevant ministers in each state and territory, urging a coordinated national approach to safety around silicosis exposure.
Unfortunately, this doesn’t help the stonemasons who have already developed silicosis. Roger believes that these stonemasons deserve compensation.
“When an employer breaches its duty of care to a worker the worker has very strong claim to recover compensation, arising from the employer’s breach, for pain and suffering and associated losses, including loss of earnings into future years, because many of these workers cannot return to work again because of their injury ,” he says.
Recently there has been news around a law firm launching a class action, however Roger, with his years of specialised experience in dust disease compensation including silicosis, advocates that an individual claim is a better option.
“The best option for injured workers in silicosis cases is to bring individual claims where the compensation will be a lot higher and will be obtained a lot quicker than in a class action,” Roger explains. “An individual claim is tailored for a particular person’s suffering and losses and if their life-expectancy is reduced by reason of their silicosis then a claim can be fast-tracked for early resolution which is not the case with a class action”.
Roger with his experience in this field of work strongly cautions workers against registering or involving themselves in a class action which is a misguided approach to this type of claim.
Shine Lawyers are experts in dust disease related compensation including silicosis, if you or a loved one is suffering from a dust-related disease, please contact our team today to find out if you have a claim and how we may assist you in seeking compensation.
Written by Shine Lawyers. Last modified: June 5, 2019.