Respiratory Disease Claims
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Read moreSilicosis compensation claims
If you have developed silicosis as a result of poor working conditions, we can help you make a No Win No Fee silicosis claim.
- Get free impartial advice with no obligation
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Silicosis Claims
If you’ve been diagnosed with silicosis, you may be entitled to make a silicosis claim for personal injury compensation. A specialist solicitor can assess whether you have grounds to claim against your employer, whether you still work for the company or not.
Employers have a legal duty to provide a safe working environment and protect workers from the risks of silica dust exposure.
If they failed to take reasonable steps to control exposure to silica dust, such as providing suitable PPE, adequate training, or proper dust control measures, they may be liable for compensation.
To find out within minutes if you can claim compensation for silicosis, call 0800 470 0474 today for a free case assessment or request a call back.
Key points about silicosis claims
- Can I make a claim?
If you were diagnosed with silicosis due to prolonged exposure to silica dust in your job, you may be entitled to compensation. - Who is liable?
Employers are responsible for protecting workers from hazardous dust exposure by conducting risk assessments, and providing proper ventilation and PPE. - How long do I have to claim?
The time limit is generally 3 years from the date of diagnosis or when the illness was linked to your work. - What is my claim worth?
Compensation may include loss of income, pain and suffering, medical expenses, and long-term care costs. - How much will it cost to claim?
Your solicitor will provide a no win no fee service, so you won’t pay anything unless your claim is successful.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is silicosis?
Silicosis is a severe and preventable respiratory disease that affects the lungs. It is caused by exposure to silica dust over a long period, often several years or decades, and it is most common in industrial and construction workplaces.
It is caused by silica, one of the most common minerals on Earth, whose dust is released into the air when some stones, rocks and types of sand are cut down, crushed, or drilled.
When silica dust is inhaled, small particles that cannot be cleared by coughing or mucus become embedded in the lungs. This can lead to an inflammatory reaction that causes the lung tissues to become scarred and thickened.
Although rare, silicosis can be fatal if it causes the lungs to stop working as they should. It can also lead to other severe conditions, such as lung cancer, kidney disease, heart failure and tuberculosis. You can find further information about the illness on the NHS website.
Can I make a silicosis claim for compensation?
Yes. A silicosis diagnosis could mean that your employer breached their duty of care towards you and might entitle you to seek compensation from them.
A free consultation with a legal adviser is the easiest way to find out if you have a valid claim for silicosis compensation. They will evaluate your circumstances to determine whether:
- Your employer has failed to take the necessary measures to protect your health and safety.
- Their negligence exposed you to silica dust.
- You were diagnosed with silicosis as a result.
- You are within the legal time limit to start a claim.
How should employers protect workers against silicosis and exposure to silica dust
According to the British Safety Council, an estimated 600,000 workers are exposed to silica dust each year. Under the Health and Safety at Work Act 1974, an employer is responsible for protecting their employees’ health from potential risks of diseases and illnesses.
Employers also have a legal responsibility under the Control of Substances Hazardous to Health Regulations 2002 to take appropriate steps to avoid exposing workers to dangerous substances, which include silica.
Their specific duties include:
- Conduct regular risk assessments.
- Provide employees with suitable personal protective equipment (PPE).
- Ensure adequate ventilation and extraction systems are in place.
- Provide employees with the necessary safety training.
- Educate workers about the dangers and safe handling of silica dust.
- Carry out regular inspections of machinery and equipment.
If you have been diagnosed with silicosis, it may be possible for you to make an industrial disease claim against your employer.
What is the time limit to claim compensation for silicosis?
Generally, you have three years from the date of an accident to make a personal injury claim for compensation. However, because silicosis can take years or even decades to show symptoms, you have 3 years from the date you received a diagnosis to take legal action.
We advise you to speak with a silicosis claims solicitor as soon as possible after receiving your diagnosis. This will help them gather the evidence you need to secure compensation for your pain and suffering and ensure your claim is filed within the limitation period.
How do I make a silicosis compensation claim?
If you want to make a claim for silicosis, the first step is to contact a specialist silicosis solicitor as soon as possible. If they believe you have a fair chance to receive compensation, they will help you gather all the necessary evidence to build a strong case. This could be in the form of:
- Your National Insurance records and other documents relating to your employment history.
- Medical evidence confirming your exposure to silica dust.
- Medical records related to the diagnostic tests and treatments you received.
- An independent exam with a medical expert that your solicitor will arrange for you.
- Evidence of all the financial losses and expenses you incurred because of your diagnosis.
Once you have everything you need to file a silicosis claim, your solicitor will contact the other side and let them know about your intentions to pursue compensation.
If they admit liability for your illness, you can begin to negotiate a settlement. Otherwise, your solicitor will initiate court proceedings, and your claim may need to be argued in court.
How much compensation can I claim for silicosis?
There is no set amount that is awarded in a work-related silicosis claim. The level of compensation you deserve will largely depend on the severity of your illness, your financial losses, and the future expenses you are expected to incur.
You can recover two types of damages:
General damages are the compensation you receive for the intangible losses caused by your condition, such as:
- Pain and suffering.
- Mental anguish and emotional trauma.
- Reduced quality of life and life expectancy.
- Physical impairment.
- Inability to pursue a hobby or leisure activity.
The Judicial College offers compensation guidelines for general damages that solicitors use as a starting point in silicosis claims. For example, you could receive:
- Up to £66,920 for a respiratory illness causing breathing difficulties and the necessity to use an inhaler.
- Between £85,460 and £118,790 if you developed lung cancer that affects the quality of life and ability to carry out daily activities.
- Up to £165,860 if your lung illness causes severe disability and premature death in young people.
Special damages are easier to calculate as they compensate you for more ascertainable losses, such as:
- Medical expenses for hospitalisation, diagnostic tests, or treatments.
- Lost wages and loss of earning capacity if you cannot return to work due to your condition.
- Other out-of-pocket expenses, such as travel to medical appointments.
Can I make a No Win No Fee silicosis compensation claim?
Yes. If you are eligible to claim silicosis compensation following dust exposure at work, your solicitor will offer you a no win no fee agreement. This means that you do not have to pay them any upfront fees for their services, and there is no financial risk in starting a claim.
That is because you do not have to pay anything if your solicitor fails to win compensation on your behalf. On the other hand, if you make a successful claim, you will pay them a success fee of up to 25% of your silicosis compensation.
How long does it take to make a claim for silicosis?
The amount of time it will take for your claim to settle depends upon the particulars of your case, such as the severity of your illness and the evidence you have to support it. While most silicosis claims take between 12 and 18 months to settle, the number could vary greatly on either end.
If there are no liability disputes and you have immediate financial needs, your solicitor might be able to arrange an interim payment on your behalf. This is a sum of money advanced to you from the total compensation you will get at the end of the claims process.
FAQs about silicosis claims
Silicosis can be broken down into three main types:
- Simple chronic silicosis – This is the most common form of the condition and occurs after long-term exposure to low amounts of silica dust for over two decades. This form of the condition usually causes a dry cough, shortness of breath and tiredness.
- Accelerated silicosis – This is seen in workers exposed to silica dust over a shorter period, with higher levels of dust inhalation. The duration of exposure can range from 5 to 15 years, and the symptoms of lung inflammation are usually more severe.
- Acute silicosis – This is a rarer form of the disease that results from short-term exposure to large amounts of silica dust. The symptoms can develop within a few weeks and include extreme breathlessness, excess fluid in the lungs, chest pain, and low blood oxygen levels.
The symptoms of silicosis often develop gradually over time after repeated exposure to silica dust. The most common signs and symptoms include:
- Shortness of breath.
- Persistent cough and coughing up phlegm.
- Chest tightness or chest pain.
- Fatigue and weakness.
- Unexplained weight loss and reduced appetite.
- Wheezing or difficulty breathing.
- Increased susceptibility to chest infections.
In advanced cases, silicosis can cause severe respiratory impairment, heart failure and lung cancer. You should see your GP as soon as possible if you believe there is a chance you could have silicosis.
There is no specific test for the diagnosis of silicosis, so it may take several tests and doctor’s visits to get a diagnosis, such as:
- A physical exam and review of your medical and job history.
- Chest x-rays or CT scans to check for scar tissue and determine how much damage has been done.
- Tests that measure lung function and how much air you breathe in and out to evaluate the capacity of the lungs.
- Sputum tests to rule out other diseases, such as tuberculosis.
- A lung biopsy allows doctors to remove a tissue sample for further testing.
Unfortunately, there is no cure for silicosis because the lung damage it causes cannot be reversed. Treatment is aimed at improving symptoms and quality of life and includes:
- Reducing further exposure to silica dust.
- Bronchodilators to improve airflow.
- Oxygen therapy and pulmonary rehabilitation.
- Management of complications.
Silicosis is a progressive disease that can develop when silica dust particles are released into the atmosphere and inhaled. This usually happens in work environments where sand, stone, granite, quartz, and similar materials that contain silica are drilled, ground, crushed or cut.
Therefore, people who are employed in the following industries are considered most at risk:
- Construction.
- Quarrying.
- Demolition works.
- Mining.
- Manufacturing of ceramics and pottery.
- Sandblasting.
- Stone masonry.
- Bricklaying.
- Farming.
- Glass manufacturing.
Although the above industries present a greater danger than many others, people can still develop silicosis while working in many other environments and professions.
To find out if you are eligible to start a silicosis claim on a no win no fee basis, you can request a free assessment with a legal adviser by calling 0800 470 0474. Alternatively, you can fill in our online claim form to receive a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
