Silicosis compensation

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. 

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