Pneumoconiosis Compensation Claims

Pneumoconiosis is a type of lung disease caused by prolonged exposure to dust, particles, and airborne contaminants. These accumulate in the lungs and cause inflammation, scarring and impaired function. The jobs that are most at risk for developing the condition include mining, metalworking, construction and textile manufacturing.

If you have developed pneumoconiosis due to your working environment, you may be eligible to claim compensation. You can receive damages for the pain and suffering caused to you and any related financial losses, such as private medical treatments, lost wages and care costs.

To find out if you are entitled to pneumoconiosis compensation, call 0800 470 0474 today or use our online claim form to request a call back. You will receive a free consultation with an experienced solicitor who will answer any questions you have about the claims process.

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Table of Contents

• What is pneumoconiosis?
• Signs and symptoms of pneumoconiosis
• What treatments are available for pneumoconiosis?
• Can I make a pneumoconiosis compensation claim?
• What is an employer's duty of care to prevent pneumoconiosis?
• Evidence to support a personal injury claim for pneumoconiosis
• What is the Pneumoconiosis Workers Compensation Scheme?
• How long do I have to make a pneumoconiosis claim?
• How much is a pneumoconiosis compensation claim worth?
• Can I claim pneumoconiosis compensation with a No Win No Fee agreement?

What is pneumoconiosis?

Pneumoconiosis refers to various industrial diseases that affect the lungs. These are caused by inhaling certain dust particles, which leads to chronic respiratory problems. You can develop the condition after being exposed over a long period to:

• Talcs
• Coal dust
• Silica dust
• Organic dusts like those from cotton, hemp or flax
• Asbestos fibres
• Fine dusts
• Metal dust from iron, aluminium, copper or lead
• Certain powders and chemicals

Pneumoconiosis can take many years to develop and show symptoms. Sufferers may experience various respiratory problems, including decreased lung function, chest pain, and breathlessness. In the UK, the majority of pneumoconiosis cases are work-related. Occupations that put workers at greater risk include the shipbuilding, construction and mining industries. There are many different forms of this condition, and the most common ones include:

• Asbestosis, which is caused by being exposed to asbestos fibres;
• Byssinosis, which is due to exposure to cotton dust and dust from vegetable fibres;
• Coal workers pneumoconiosis, also known as black lung disease, which is caused by inhaling coal or graphite dust;
• Kaolin pneumoconiosis is a common  disease which affects workers in the ceramics industry;
• Silicosis, which is due to being exposed to silica;
• Siderosis is a type of pneumoconiosis caused by exposure to iron oxide fumes or dust in welders, also known as welders’ lungs.

If you developed this condition due to someone else’s negligence, you may be able to claim pneumoconiosis compensation.

Signs and symptoms of pneumoconiosis

When inhaling dust and other particles over a long period, they cause lung inflammation and, as a result, lead to fibrosis. The tissues in the lungs become less elastic and thicker than usual, and these changes make it difficult for the victim to breathe.

Pneumoconiosis usually takes more than ten years to show signs. In its milder forms, the affected person may not experience any symptoms. But as the condition worsens, it could manifest in the following ways:

• A chronic cough, which can be dry or produce phlegm
• Chest pain, tightness or discomfort
• Finding it increasingly difficult to engage in physical activity
• Recurrent respiratory infections, such as bronchitis and pneumonia
• Shortness of breath, especially with effort and even at rest as the condition progresses
• Wheezing when breathing, narrowed airways or lung inflammation
• Feeling tired or weak
• Respiratory failure and other complications, in severe cases

If you have any of the symptoms above, you should see your GP or a specialist as soon as possible. Diagnosis typically involves an assessment of your work history, chest X-rays, pulmonary function tests, and other imaging studies. Early intervention can help slow the progression of the disease and improve the quality of life for sufferers.

What treatments are available for pneumoconiosis?

Unfortunately, there is no cure for pneumoconiosis. Treatment is focused on managing symptoms, preventing complications, and improving quality of life. This may include:

• Lifestyle changes such as not smoking and avoiding all dust exposure to improve lung health and prevent further damage
• Bronchodilators that help relax the muscles around the airways, making it easier to breathe
• Inhaled or oral corticosteroids may be prescribed to reduce inflammation in the lungs and alleviate symptoms
• Sufferers with low blood oxygen levels may need oxygen therapy to relieve symptoms such as shortness of breath

If left untreated or poorly managed, pneumoconiosis can lead to various complications, such as:

• Massive fibrosis – a severe form of scarring that can be life-threatening
• Lung cancer
• Progressive respiratory failure
• Heart failure due to pressure inside the lungs
• High blood pressure in the arteries of the lungs (pulmonary hypertension)

Can I make a pneumoconiosis compensation claim?

The easiest way to find out if you can claim compensation for pneumoconiosis is by speaking with a legal adviser. They will offer you a free assessment during which they will ask you a few questions about your case and determine whether:

• Your employer owed you a legal duty of care
• They failed in this duty through negligence
• You developed pneumoconiosis due to their breach of duty

If your solicitor believes you were diagnosed with pneumoconiosis due to hazardous exposure at work, they will take on your industrial disease claim. You do not have to worry about proving a legal duty of care, as your solicitor will do this by referring to the relevant legislation. You can read more about an employer’s duty of care in the section below.

Once liability is established, your solicitor will help you gather all the evidence you need to make a claim. They will also contact your employer and inform them of your allegations. If they admit liability, you may begin to negotiate your compensation settlement. Otherwise, your solicitor will be ready to issue court proceedings and take your case before a judge.

Remember that you can make a pneumoconiosis claim even if you no longer work for your employer or they are no longer trading. If they have closed or declared bankruptcy, your solicitor could help you claim compensation from their historical insurer. If both are untraceable, your solicitor can help you apply for state benefits under the Pneumoconiosis Workers Compensation Scheme.

What is an employer’s duty of care to prevent pneumoconiosis?

Your employer has a legal duty of care to protect your health and well-being while doing your job. They must take reasonable measures to keep you safe from the risk of developing pneumoconiosis due to inhalation of harmful substances at work, as dictated by legislation such as the Health and Safety at Work Act 1974. Their duties include:

• Carry out risk assessments of workplace activities that may expose workers to dust or other respiratory hazards;
• Implement control measures to minimise or eliminate the risk of harm, such as ventilation systems and dust suppression techniques;
• Provide suitable personal protective equipment (PPE) to employees, such as respirators or dust masks;
• Ensure that the PPE is appropriately selected, maintained, and used correctly by workers;
• Provide adequate information, instruction, and training on the risks associated with dust exposure and pneumoconiosis;
• Monitor the health of employees who may be at risk of pneumoconiosis through regular medical examinations, lung function tests, and other screening measures.

If your employer has failed to fulfil their duties and you developed coal workers pneumoconiosis or a similar condition, you may be entitled to claim compensation.

Evidence to support a personal injury claim for pneumoconiosis

If you want to make a claim for pneumoconiosis compensation, you will need various types of evidence to prove your diagnosis and how this has affected your life. Your solicitor will help you gather everything you need to secure compensation, which may include:

• Medical records that document your diagnosis, treatments and how the disease has progressed;
• Copies of test results like X-rays, pulmonary function tests, or CT scans that confirm the presence and severity of lung disease;
• Details about your work history, including job titles, dates of employment and your duties;
• Records from work that show exposure to dust or harmful substances, including monitoring data and air sampling results;
• Statements from colleagues and other individuals who can confirm your working conditions and exposure to dangers;
• Expert testimony from qualified medical professionals who can connect your lung problems to your job;
• Evidence that your employer did not take proper steps to control dust exposure, provide appropriate personal protective equipment or offer sufficient training and education on respiratory health and safety;
• A diary of how the illness has changed your life, including symptoms and struggles with daily activities;
• You must also keep evidence of all the financial losses and expenses incurred due to your condition, such as medical bills, care costs and lost earnings.

What is the Pneumoconiosis Workers Compensation Scheme?

If you developed pneumoconiosis due to your employment and you receive the Industrial Injuries Disablement Benefit (IIDB), you might be entitled to further compensation under The Pneumoconiosis Etc. (Workers Compensation) Act 1979.

You may qualify for this payment if you did not receive compensation from your employer for your illness, or you cannot start a personal injury claim against them because they stopped trading.

You must apply to this scheme within 12 months after being awarded IIDB. The level of payment awarded to you will depend on your age and the level of disablement assessed to you under your IIDB award.

You can also make a claim through this scheme if you have lost a loved one due to a dust-related disease. In this case, you have 12 months to start a dependency claim after the death of your loved one.

How long do I have to make a pneumoconiosis claim?

The time limit to claim for pneumoconiosis is 3 years from the date your condition was diagnosed. Under the Limitation Act 1980, your case will be statute-barred and no longer valid after the three years have passed. Exceptions include:

• The time limit is suspended if the sufferer lacks the mental capacity to handle a compensation claim. This could be due to a condition such as dementia, Alzheimer’s disease, or a mental health disorder. In this case, a litigation friend could claim for them at any time.
• If you lost a loved one due to complications from pneumoconiosis, you have three years to start a claim from the day they passed away.

How much is a pneumoconiosis compensation claim worth?

The amount of pneumoconiosis compensation you’re entitled to receive will depend on several factors, such as the type and severity of your injury and how it has affected your life. The compensation for pneumoconiosis includes two types of damages:

• General damages are awarded for the subjective losses caused by the condition. These include physical pain and suffering, related emotional distress and loss of amenities such as the ability to engage in sports and social activities.
• Special damages are awarded for the financial losses you incurred as a result, such as prescriptions, private treatments, medical aids, care costs and lost wages.

According to our online compensation calculator, which is based on the guidelines from the Judicial College, you could receive:

• £15,100 to £35,500 for a moderate condition where symptoms do not interfere significantly with daily living
• £35,500 to £105,850 for severe asbestosis and reduced lung function
• £51,420 to £65,710 for silicosis that significantly affects breathing capacity
• £65,710 to £118,150 for lung cancer with impaired function and reduced quality of life

Can I claim pneumoconiosis compensation with a No Win No Fee agreement?

If you are looking to make a compensation claim for pneumoconiosis, it is essential that you seek expert legal advice. If you have a fair chance at compensation, your solicitor will work on a no win no fee* basis. That means you do not have to pay anything upfront and will be protected from all legal costs and fees if your case is lost.

To start a no win no fee claim, all you need to do is call us on 0800 470 0474 to speak with an experienced industrial disease claims lawyer. Alternatively, complete the simple online claim form, and a friendly legal adviser will get back to you to discuss your claim.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.