What is silicosis?

Silicosis is a disabling non-reversible and sometimes fatal lung disease caused by over exposure to respirable crystalline silica. Silica is the second most common mineral in the earth's crust and is a major component of sand, rock and mineral ores. Over exposure to dust that contains microscopic particles of crystalline silica can cause scar tissue to form in the lungs which reduces the lungs ability to extract oxygen from the air we breathe.

There is no cure for the disease but it is 100% preventable if exposure is reduced.

Types of silicosis

There are 3 types of silicosis dependant upon the air borne concentration of crystalline silica.

Chronic silicosis usually occurs after 10 or more years of over exposure and is the most common form. Accelerated silicosis results from higher exposures and develops over 5 to 10 years. Acute silicosis occurs where exposures are the highest and can cause symptoms to develop within a few weeks.

Symptoms and Complications

Chronic silicosis, the most common form of the disease, may go undetected for years in the early stages; in fact a person's x-ray may not reveal an abnormality until after 15 to 20 years of exposure. Symptoms include; shortness of breath following physical exertion, severe cough, fatigue, loss of appetite and/or chest pains.

The body's ability to fight infections may be overwhelmed by silica dust in the lungs making workers more susceptible to certain illnesses such as tuberculosis and bronchitis. It is generally accepted now that exposure to silica causes an increased risk of lung cancer.

There are further medical studies which indicate that other diseases may be linked to silica exposure.

Diagnosis and Treatment

Diagnosis is made through chest x-ray and lung function tests. Regular chest x-rays are essential. Smoking exacerbates the symptoms, speeds up the progress and increases the risk of lung cancer so assistance to stop smoking will be offered. Routine TB testing may be given. Removal of the source of silica is important to stop the condition worsening. Vaccinations against pneumonia and flu jabs are usually given. There is no cure for silicosis but ways of reducing its progression and alleviating its symptoms.

Who is at risk?

Those who have been exposed to silica dust at work are at risk so the following occupation

Construction (sandblasting, rock drilling, masonry work, jack hammering, tunnelling)

Stone cutting (sawing, abrasive blasting, chipping, grinding)

Mining (cutting or drilling through sandstone and granite

Glass manufacturing

Foundry work (grinding, mouldings, shakeout, core room)

Agriculture (dusty conditions from disturbing the soil, such as ploughing or harvesting

Ceramics, clay and pottery

Shipbuilding (abrasive blasting)

Manufacturing of soaps and detergents

Railwork (setting and laying track)

Manufacturing and use of abrasives

Silica is most commonly diagnosed in people over 40 but not always. Silicosis has been commonly referred to as miner's asthma and potter's rot.

Benefits

Payments are available in the UK from the Department for Work & Pensions. This is not full guidance on benefits law.

Amongst other benefits, Industrial Injuries Disablement Benefit is available for silicosis. You do not need to have paid national insurance contributions.

How much Industrial Injuries Disablement Benefit you get depends on how badly you are disabled. It can be paid after 13 weeks from the first day you were disabled by the disease, whether or not you have been off work. There is no upper age limit and it can be claimed after you have retired. You must have worked in certain jobs which exposed you to dust.

Industrial Injuries Disablement Benefit cannot be backdated more than 3 months before the date of your claim. It is therefore very important that you fill in all the claim form and return it as soon as possible. You can get the claim form BI100-PN and a reply envelope from your Jobcentre Plus or Social Security Office. The staff will help you fill this in if you wish. We can send you a form or we can help you complete the form.

After your claim is received, you will be examined by one or possibly 2 DWP doctors and you may have to have an X-Ray. They will give an opinion as to whether or not you have silicosis and how disabled you are by it. The DWP will tell you the decision on the claim and the amount of any benefit you will get.

Industrial Injuries Disablement Benefit is paid straight into a bank/building society giro or national savings bank.

You also may be entitled to constant attendance allowance, exceptionally severe disablement allowance, disability living allowance or attendance allowance as well as a payment under the Pneumoconiosis etc (Workers Compensation) Act 1979 if your employer has gone out of business.

Benefits may also be available posthumously and even if you are living overseas.

Compensation Advice

If you or someone you know has developed silicosis, please telephone us now for accurate claims advice. There are time limits to make a claim. We will be happy to advise you and if you instruct us to deal with your case and we win, we will recover our legal fees from the person who injured you.

Case Study

Mr B worked as a stonemason and stone dresser for 2 companies between 1979 and 1984. He used a hammer and chisel and a stihl saw to cut up Yorkshire stone. The stone contained large amounts of silica which he inhaled and he went on to develop severe silicosis which contributed to his death.

We were instructed by Mrs B's widow to bring a claim for compensation against the 2 employers that had exposed Mr B to silica dust. Both companies denied liability. The case was compromised for £40,000 shortly before trial.

What can John Pickering and Partners LLP do?

You may have a claim for compensation for dermatitis caused at work, if your employer has not done enough to stop you getting dermatitis.  If you think you have a claim, please get in touch.  We can also help you claim benefits from the Department for Work and Pensions.

We offer conditional fee agreements (also known as ‘no win, no fee’ agreements).  For a fuller explanation, please see our asbestos compensation guide which has information relating to conditional fee agreements for all types of industrial diseases. 

What is dermatitis?

Dermatitis is any inflammation of the skin, including eczema and other skin conditions. Contact dermatitis is one of the most widespread causes of ill health at work. If it is persistent it can make working impossible.  It is common in the UK working population – a survey in 2004/05 estimated that as many as 29,000 people in Great Britain had work-related skin disease (Health and Safety Executive website) - but some people may not even know that they have dermatitis. 

Irritant contact dermatitis

This is the most common form of dermatitis.  It is caused by exposure to a substance which irritates the skin (an irritant), either over a short period of time (e.g. acids), or from prolonged exposure to small amounts of a substance (e.g. detergents).  How much exposure is needed to cause irritant contact dermatitis depends on the particular substance and the person exposed.

Substances such as acids, alkalis, soaps, detergents and solvents can physically damage the skin or its protective oils and result in an outbreak or “eruption” of the skin, which leaves it inflamed.  Signs on the skin can be redness, itching, scaling and blistering.  The skin can crack and bleed. The condition may spread all over the body.  The skin usually recovers if the cause of the problem is removed. 

Allergic contact dermatitis

This is dermatitis caused by becoming allergic (over-sensitive) to a substance that has been in contact with the skin. Examples are nickel and some other metals, medications, latex rubber, cosmetics, glues, dyes and perfumes.  The substance may not cause any reaction at first, but it may do so if contact continues.  The skin’s sensitivity to the substance may decline if you are removed from contact with it.  Allergic contact dermatitis looks the same as irritant contact dermatitis - in fact, it would take a doctor to tell the difference between the two. 

How do I know if it is due to work?

These are some of the clues:

• The areas of skin that have had contact with the substance at work “erupt” (see picture). 
• Co-workers have similar problems.
• The condition gets better when you are away from work and starts again when you return to work.

Which jobs?

The main occupation is the catering and food industry but there are many other occupations where dermatitis can also occur. 

What can I do to prevent it happening?

• Always wash, using a skin cleanser, after working with substances which can cause dermatitis. 
• Use cream to help prevent any moisture loss from the skin.  Barrier creams can do more harm than good, as they can sometimes aggravate the condition. 
• Examine your skin regularly.
• Gloves may help but latex is also an irritant in its own right.
• Avoid contact with the substance – easier said than done, but your employer is obliged to help. 
• Guard against broken skin - the substance can get in more easily and more deeply into the skin and cause more harm.  Avoid all contact between the skin and the substance. 

What to do if dermatitis develops

Get proper medical advice.  Go and see your doctor, not just the chemist.  If you don’t get help you may become permanently sensitised (allergic) to the substance, which can seriously affect your life. 

The law

There are tough laws in Britain that are designed to force employers to take proper precautions against dermatitis, such as the Management of Health and Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health Regulations 2002.  These laws require employers to check whether dermatitis is a risk in the workplace and take measures to prevent contact with harmful substances or, where that is not possible, give workers proper protection when they are using these substances.  Employers also have to organise health checks for workers who are in contact with harmful substances.

What can John Pickering and Partners LLP do?

You may have a claim for compensation for dermatitis caused at work, if your employer has not done enough to stop you getting dermatitis.  If you think you have a claim, please get in touch.  We can also help you claim benefits from the Department for Work and Pensions.

We offer conditional fee agreements (also known as ‘no win, no fee’ agreements).  For a fuller explanation, please see our asbestos compensation guide which has information relating to conditional fee agreements for all types of industrial diseases.

Case study

PG - Hedges

Deafness due to noise

What is industrial/occupational deafness?

Industrial deafness is usually caused by the repeated exposure to excessive noise at work but can be caused by a one time exposure to loud sound. Noise can cause permanent hearing damage and may cause tinnitus (a ringing or whistling in the ears). Tinnitus is also an injury for which compensation can be paid. The loudness of sound is measured in units called decibels for example, normal conversation is approximately 60 decibels, the humming of a refrigerator is 40 decibels and heavy city traffic noise can be 85 decibels. Exposure to harmful sounds causes damage to the sensitive hair cells of the inner ear as well as the hearing nerve.

The Law

The law generally accepts that since 1963 employers should have been aware of the danger of exposing their employees to excessive noise. The Noise at Work Act 1989 was introduced which puts in place rules to prevent noise induced hearing loss occurring.

Levels of noise which cause damage

In the United Kingdom many thousands of people have been affected by noise induced hearing loss.

Exposure to noise about 85 decibels (dB) may be hazardous even if it only lasts for a short period. The higher the level of noise and the longer the period of exposure, the more likely damage is to be caused and the more severe the damage is likely to be. Each time you are exposed to excessive noise, the damage is added to the previous damage caused by noise to make you deafer.

Some types of tools and equipment producing noise levels in excess of 85 dB include:-

The symptoms of noise induced hearing loss

The symptoms of noise induced hearing loss increase gradually over a period of continuous exposure. Sounds may become distorted or muffled and it may be difficult for the person to understand speech. The individual may not be aware of the loss but it can be detected with a hearing test.

What to do if you suspect you have noise induced hearing loss.

Make an appointment to see your G.P. usually she/he will refer you to an audiologist or ear, nose and throat specialist who can carry out the test.

If you think that you have been exposed to excessive amounts of noise at work, you should contact a solicitor who specialises in industrial disease cases. Claims for industrial deafness and tinnitus are complex and may involve complicated legal arguments about time limits. Generally speaking, a claim for personal injury must be brought within 3 years from the date the injury was first suffered i.e. within 3 years of when the employee first knew or should have known that the condition was caused by exposure to excessive noise levels at work.

See below for examples of cases where the 3 year time limit was extended. However, it is important to act quickly.

RNID (Royal National Institute for Deaf People) - is the largest charity working to change the world for the UK's 9 million deaf and hard of hearing people.

Deafness Research UK - is the medical charity for deaf and hard of hearing people. They exist to secure radical improvements in the prevention, diagnosis and treatment of all forms of hearing impairment. Ultimately, their aim is to find cures for these distressing and neglected disabilities.

JobCentrePlus - Information about benefits you can claim if you have developed Industrial Deafness or any other Industrial Illness.

HSE (Health & Safety Executive) - their mission is to protect people's health and safety by ensuring risks in the changing workplace are properly controlled.

News stories about industrial deafness

Our client -v- W T Knowles

Mr W worked for W T Knowles between 1973 and 1976 in their clay mines. He was in the vicinity of detonations used to excavate the clay. He was not provided with hearing protection but merely covered his ears with his hands.

Unfortunately, he developed noise induced hearing loss.

We took over conduct of this matter at the end of September 2005. The Claimant had contacted prior to this a solicitor who did not specialise in industrial disease cases. His insurer was not prepared to take a risk on this case and Mr W came to John Pickering and Partners.

Knowles' said that Mr W was sufficiently far away to escape noise damage. They admitted hearing protection was not provided but blamed his other employers for the noise induced hearing loss.

We obtained a further medical report which was more helpful than the previous solicitors' medical report. We obtained engineering evidence from a specialist in acoustic engineering who confirmed that the levels of noise to which the Claimant would have been exposed in shot blast were very high and in breach of Regulations.

The case settled a few days before trial for £8,000.

Mr W was very pleased with the result and intends to recommend John Pickering and Partners to his friends and colleagues.

Mr H -v- Sonoco

A case where our client delayed getting advice

Our client was awarded £6,000 for mild deafness and tinnitus following exposure to noise at a paper factory. In 1994 our client was told that he had hearing loss but did not contact solicitors to make a claim until 2003. There was a trial on whether or not the Claimant was out of time to make a claim and whether permission should be given to allow his claim to proceed. This was a difficult case because usually a person has only 3 years from the time they found out that they had deafness probably due to work to put in a claim. The Judge decided that although the delay was significant that the Defendant had not suffered much difficulty because the case was brought late. The Defendant appealed to the Court of Appeal but the Court of Appeal rejected that Appeal. He got his compensation.

Cases where clients bring their case late are difficult to win. They need very thorough and painstaking preparation and they can be lost very easily, but we like difficult cases, particularly when we win them.

What can John Pickering and Partners LLP do?

You may have a claim for compensation for dermatitis caused at work, if your employer has not done enough to stop you getting dermatitis.  If you think you have a claim, please get in touch.  We can also help you claim benefits from the Department for Work and Pensions.

We offer conditional fee agreements (also known as ‘no win, no fee’ agreements).  For a fuller explanation, please see our asbestos compensation guide which has information relating to conditional fee agreements for all types of industrial diseases.

What is bladder cancer?
A bladder tumour is a lump created by an abnormal and uncontrolled growth of cells. It can either be malignant (cancer­ous) or benign. Cancerous tumours can grow through your bladder and spread to other parts of your body (through the bloodstream or the lymph system) where they may grow and form secondary tumours. This spread of cancer is called a metastasis. Early detection of the tumours has significantly improved the survival rates however incidence rates are continuing to rise.

Who is at risk?
Bladder cancer occurs most commonly in people between 50 and 70 years of age. It is twice as common in men as in women. Bladder cancer is very rare in men and women younger than 40 years of age.

The two main risk factors known to increase the risk of developing bladder cancer include: (1) smoking, and (2) Occupational exposure to certain chemicals at work.

(1) Smoking
Tobacco consumption is the main life-style risk factor in western countries. Specific chemicals that cause bladder cancer have been found in cigarette smoke. Some of the carcinogens (cancer-causing chemicals) in tobacco smoke are absorbed from the lungs and get into the blood. From the blood, they are filtered by the kidneys and concentrated in the urine. These chemicals in the urine damage the urothelial cells that line the inside of the bladder. This damage increases the chance of cancer developing. It takes a long time for the chemicals to cause bladder cancer, and the more cigarettes smoked, the greater the risk.

(2) Occupational exposure to certain chemicals at work
Occupational exposure to certain industrial chemicals is one of the main causes of bladder cancer. Some workers will have an increased risk of getting bladder cancer due to carcinogens (cancer- causing substances) in the work place. Aromatic amines (including amongst others 4-Aminobiphenyl (xenylamine), ß-naphthylamine, Benzidine, Auramine and magenta (in manufacture only)) are one of the best known and most studied of chemical carcinogens.

The bladder is the main target organ. It can take approximately 25 years after the exposure to certain chemicals before a bladder cancer is likely to develop. If you believe that you may have been exposed to particular chemicals through your occupation you should inform your cancer doctor. You could be entitled to claim Industrial Disease Benefit from the De­partment of Social Security.

Occupations causally associated with bladder cancer

Types of bladder cancer

There are several different types of bladder cancer.

Transitional cell carcinoma (TCC) is the most common type of cancer in the UK and starts in the layer of cells that forms the lining of the bladder.

Squamous cell carcinomas (SCC) originate in one of the types of cell in the bladder lining.

Adenocarcinomas originate in glandular cells.

Bladder cancer is also classified according to how far it has spread. If the cancer is only in the bladder lining, it is called a superficial cancer. If the cancer has spread to the muscle wall of the bladder it is called an invasive cancer.

Symptoms of bladder cancer

Diagnosis and Treatment

Your doctor will ask you about your symptoms and will examine you. He or she may test your urine with a “dipstick” to look for blood and infection. Your doctor may refer you to a hospital specialist (urologist) for further tests including the following.

A flexible cystoscopy allows the urologist to see the inside of your bladder and detect abnormalities. If the urologist sees anything unusual in the bladder, you may be asked to return for a further cystoscopy, probably using a rigid cystoscope. This allows for special surgical instruments to also be passed into the bladder so that tissue samples (biopsies) can be taken and, if necessary, abnormalities removed. Samples taken are examined in a laboratory to see whether cancer cells are present and, if so, what kind of cells they are. A general anaesthetic is used for rigid cystoscopy.

An intravenous pyelogram (or urogram) examines the urinary system by using a dye that is injected into a vein. This dye is removed from the bloodstream (excreted) by the kidney as part of urine production. By taking X-ray pictures while the kidneys are excreting the dye, the urologist can see any abnormalities in the outline of your urinary system.

CT (computerised axial tomography), MRI (magnetic resonance imaging) and bone scans can help your doctor see how far the cancer has spread (if at all). A bone scan involves injecting a small amount of radioactive liquid into your vein. This can show if the cancer has spread to the bone.

The prognosis (chance of recovery) depends on the following:

Compensation Advice

There are time limits to make a claim. If you or someone you know has developed bladder cancer, please contact us now for accurate claims advice. We will be happy to advise you and if you instruct us to deal with your case and we win, we will recover our legal fees from the person who injured you.

Case Study

Mr S worked for Boots as an assistant Chemist between 1946 and 1953. During this employment he had to prepare and use quantities of pure beta napthylamine for the Chester Beatty Research Institute without any safeguards being taken. Beta napthylamine is known to cause cancer and in 1998 he developed a bladder cancer. Mr S instructed us to bring a claim for compensation against Boots. A court action was started. Boots said that Mr S’s bladder cancer was caused by his smoking and not exposure to beta napthylamine. The case settled shortly before trial for the sum of £39,780.86.

Bladder cancer case

Mr S worked for Boots as an assistant Chemist between 1946 and 1953. During this employment he had to prepare and use quantities of pure beta napthylamine for the Chester Beatty Research Institute without any safeguards being taken. Beta napthylamine is known to cause cancer and in 1998 he developed a bladder cancer. Mr S instructed us to bring a claim for compensation against Boots. A court action was started. Boots said that Mr S’s bladder cancer was caused by his smoking and not exposure to beta napthylamine. The case settled shortly before trial for the sum of £39,780.86.

If you are told you have asthma as a result of your job, you may lose your job and your ability to work in many other jobs.

You get one chance at compensation.
This guide aims at helping you use that chance. It tells you about compensation you could get through the Courts, and compensation you could get from the Government.

John Pickering and Partners' Asthma Brochure can be downloaded here as a pdf file. If you don't have an Acrobat Reader for pdf files, click here to download one.