I could not recommend anyone more highly than these guys, they got me through one of , if not the most challenging situations of my life ,, there were hiccups along the way but I knew to trust the process and at no point did I not have full faith in the team handling my case,, and although i can’t get my health back that I’ve lost to silicosis the outcome has made things much more comfortable and lifted a lot of weight off my shoulders ,and big thank you from myself and my children to Raelene, Nicole, Hannah and Brianna and everybody else involved for everything you guys did it means a lot .
If you’ve been diagnosed with silicosis or have been exposed to silica dust, you may have a claim for compensation.
We can help.
What causes silicosis?
Silicosis results from tiny silica particles becoming stuck in your lungs, similar to asbestosis, which can scar them over time.
Although it typically takes up to seven years for silicosis symptoms to develop, rapid decline in lung function and progressive massive fibrosis can occur as early as three years.
Some activities that may expose you to silica dust include:
Working with artificial stone (e.g. Caesarstone)
Concrete and brick cutting or angle grinding
Mining, tunneling and quarrying
Sandblasting
Steel industry work
Do I need a silicosis lawyer?
Workers compensation law can be complex and our legal experts will guide you through the claims process from start to finish. With years of experience assisting affected workers, we can advise you on what you can be claimed for, and help you understand what’s possible and what information is required to support your case.
Most claims for compensation are settled through mediation and do not proceed to court.
All discussions with our silicosis team will be completely confidential, and there’ll be s no pressure to proceed with a claim.
We are the original No Win, No Fee* Silicosis lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Entitlements
Silicosis claims through your state’s insurer cover a variety of compensation, including:
- Medical expenses
- Loss of income (including weekly payments)
- Rehabilitation costs
Common law claims, which require proving negligence, may provide broader compensation for benefits not covered by workers’ compensation claims, including:
- Pain and suffering
- Past and future economic losses
- Lump sum damages
Who pays the silicosis compensation?
When making a claim through your state’s insurer or filing a common law claim against your employer, you’ll likely receive financial compensation from your state insurer or your employer’s insurance provider – not your employer directly.
In Australia, all employers are required by law to be covered by workers’ compensation insurance.
In common law claims, the negligent party’s liable insurer will likely cover any lump sum payments, medical expenses, and economic (past and future) losses.
Silicosis claim payout examples
If you’ve been exposed to silica dust at work, you may be entitled to compensation through WorkCover, or your state’s insurer.
A lawyer can speak directly with your state’s insurer on your behalf, ensuring you get the maximum compensation and not just the statutory minimum.
Silicosis compensation varies depending on exposure levels, degree of injury, and age.
Below are just some examples of common law payouts we’ve secured for our clients:
- Diagnosed with silicosis after being exposed to silica dust for 12 years while cutting engineered stone, a 37-year-old stonemason received a payout of $1,250,000 for pain and suffering and loss of earning capacity.
- After 15 years of exposure to silica dust while cutting engineered stone, a 35-year-old stonemason and father of three young children was diagnosed with silicosis and related mental health issues. He received a payout of $1,000,000 for pain and suffering and loss of earning capacity.
What to do first
If you think you or a loved one has been exposed to silica dust, the first step is to make an appointment with a medical practitioner as soon as possible. In some states, including NSW and Victoria, lung screenings are offered free of charge through WorkSafe Victoria and icare.
If tests confirm your exposure, we highly recommend you contact our experienced silicosis team about your potential entitlements.
Our silicosis team understand both the complexities of compensation law, as well as the personal toll it can take on individuals and families.
Think you might be eligible for a claim?
If you've suffered a silica related injury or illness, you may be eligible for support for medical expenses, pain and suffering, loss of income and even from your superannuation insurance policy.
What time limits apply?
Time limits for making a silicosis claim vary from state to state, so it's best to seek legal advice to determine if you are able to make a compensation claim.
- In Victoria, the Workcover scheme requires a notification to your employer that you have suffered an injury (including silicosis) within 30 days of diagnosis.
- In Queensland, a WorkCover Claim needs to be commenced within 6 months of diagnosis.
- There are strict time limits for WA and Tasmania depending on whether you are exposed as an employee or self-employed.
- NSW has no time limit in which to bring a claim.
Our nationwide silicosis team is ready to help.
Free social work services
We understand that obtaining the correct legal entitlements is only one of the many issues people have to face on their journey through life-changing incidents. As a caring and community-minded firm, we've long recognised the value of providing free social work assistance to address these issues to help improve our clients’ wellbeing.
In fact, we were the first, and remain the only law firm in Australia, with a Social Work team providing a service of this kind. We're here to help you and your family get back on track in times of difficulty.
We understand that injury or illness can have a devastating impact on your financial position. Therefore, having to pay legal fees should not be a barrier to you seeking compensation. People with valid claims should be able to have access to justice. That's why we were one of the first law firms to operate on a No Win - No Fee* payment system.
This means that if your case is successful, you'll receive compensation and we'll be paid for the legal work we have done on your behalf. However, if your case is not successful and you do not receive compensation then you'll not pay any of our legal fees at all.
Our fees are never a percentage of the final compensation you receive, they're a set amount which is agreed to up-front when you choose us to be your lawyers.
From time to time, you may incur additional costs throughout your case. For example, we may need to gain access to your medical records or obtain expert reports. This is called a disbursement. You'll know if there's likely to be any additional costs at your obligation free initial appointment.
Feedback from our clients
Google Reviews
Register your exposure to silica
If you have been exposed to silica or are concerned that you may have been exposed, it's important to register the nature and circumstances of the exposure on the Slater and Gordon Silicosis Database.
Registering is important so data can be collected and collated to increase knowledge, awareness, lift standards and improve management of those that have been exposed. Also, by registering your exposure, you'll be protecting your information for any potential future claims. You'll also find out if you have any entitlements to silicosis compensation now.
What to expect
Every case is different, but there are a number of steps you may go through in the process of your case. Our knowledgeable and caring team of lawyers will guide you through all of these stages to ensure you get the best possible outcome.
We'll obtain some basic information from you concerning your health and make an appointment for you to meet with our team.
This gives you the opportunity to find out more about your claim and discuss your options so you can make the best decision for you.
We'll obtain all medical material needed to support your claim.
All cases are the subject of pre-trial negotiations, and the vast majority resolve at this time. Once settlement is reached, we have a dedicated staff member whose job it is to finalise everything and get your money to you as quickly as possible.
Most cases do not reach this point. If yours does, we'll guide you every step of the way to help you get the compensation you're entitled to at law.
Superannuation and Disability Insurance claims
If you are no longer performing your normal work duties as a result of your injury, you may be entitled to a disability benefit through your superannuation fund. We can conduct an obligation free assessment to find out if you may be entitled to a payment.
Learn more about Superannuation and Disability Insurance claims
Meet the Silicosis compensation claims team
When you work with us, you’ll have your own team of legal experts looking after your case. Experienced and always working for your success, they will work closely with you to achieve the best outcome possible.
