Silicosis Personal Injury Claims

Silica is a mineral commonly found in materials such as sand, rock, and quartz, and is prevalent in various industries including construction, mining, manufacturing and kitchen counter/worktop engineering. If you have been exposed to silica dust, you can make a compensation claim or your family can bring an action in your name in the event of your death. We are here to advise and support.

What is silicosis?

Silicosis is a severe and often debilitating lung disease caused by inhaling fine particles of silica dust.  Prolonged exposure to silica dust can lead to the formation of scar tissue in the lungs, impairing the ability to breathe and resulting in long-term health complications. 

Causes of Silicosis

Silicosis is primarily caused by occupational exposure to respirable crystalline silica (RCS) dust. When these materials are disturbed, tiny silica particles become airborne. Inhalation of these particles can cause inflammation and scarring in the lungs, leading to silicosis.

Workers most at risk include those in:

  • Construction: Activities such as cutting, sawing, grinding, drilling, and crushing concrete, brick, or stone.
  • Mining: Operations involving drilling, blasting, and transporting materials that contain silica.
  • Stone Masons: renovating and restoring sandstone
  • Manufacturing: Processes like sandblasting, glassmaking, and working with ceramics.
  • Foundries: Tasks including casting and grinding metals.
  • Silica Dust from Quartz Worktops: When quartz worktops are fabricated or installed, activities such as cutting, grinding, polishing, and drilling release tiny silica particles into the air. These particles are small enough to be inhaled and can become lodged deep within the lungs. Prolonged or repeated exposure to silica dust can lead to serious health issues, including silicosis, chronic obstructive pulmonary disease (COPD), and lung cancer.

General Symptoms of Silicosis

Silicosis symptoms may not appear immediately and can take years to develop. Common symptoms include:

  • Persistent cough
  • Weight loss
  • Shortness of breath
  • Fatigue
  • Chest pain
  • Respiratory failure in severe cases
  • Wheezing
  • Swollen Fingers
  • Fluid accumulation in the lungs (alveolar proteinosis)
  • Formation of fibrotic nodules and scarring in the lungs.

Early detection is crucial to managing the disease and mitigating its progression.

Types of Silicosis

The condition is classified into three main types based on the level and duration of exposure: acute, chronic, and accelerated silicosis. Each type has distinct characteristics and impacts on health.

  1. Acute Silicosis

Acute silicosis develops after a very short-term but extremely high exposure to silica dust. Symptoms can appear within a few weeks to five years after exposure. Often leads to severe respiratory failure and can be fatal within months.

  1. Chronic Silicosis

Chronic silicosis is the most common form and occurs after long-term exposure (10-30 years) to low levels of silica dust. It typically affects individuals with prolonged exposure in industries such as mining, construction, and manufacturing. Symptoms may not appear until many years after initial exposure.   Gradual worsening of lung function over time. Can lead to complications such as tuberculosis and chronic bronchitis.

  1. Accelerated Silicosis

Accelerated silicosis develops within a shorter timeframe (5-10 years) compared to chronic silicosis. Results from higher levels of silica exposure over a shorter period. Rapid development of lung damage and scarring. Faster decline in lung function compared to chronic silicosis. Increased risk of complications such as progressive massive fibrosis (PMF).

Preventing Silicosis

Preventing silicosis involves controlling exposure to silica dust through:

  • Engineering Controls: Using water sprays, ventilation systems, and dust suppressors.
  • Personal Protective Equipment (PPE): Providing respirators and protective clothing.
  • Workplace Practices: Implementing safe work practices and providing employee training.
  • Health Monitoring: Regular health screenings and lung function tests for early detection. 

Your Right to Compensation

If you or a loved one has been diagnosed with silicosis due to occupational exposure, you may be entitled to compensation. Employers have a legal duty to protect their workers from harmful exposure to silica dust. This includes implementing safety measures such as proper ventilation, providing personal protective equipment (PPE), and ensuring regular health monitoring.

Why Choose Us?

  • Expertise: Our solicitors have extensive experience
  • Compassion: We understand the physical and emotional toll of silicosis and provide legal guidance and empathetic support.
  • No Win, No Fee: Our services are offered on a no-win, no-fee basis, so you can pursue your claim without financial risk or additional financial stress.

Why pursue a Personal Injury Claim?

There are different types of claims, out with a personal injury claim. If you have been diagnosed with a lung disease like silicosis you or your family can:

  • Make a civil claim for compensation which we can support and guide.
  • Make a claim for industrial disablement benefit. You're entitled to receive the benefit if you have developed silicosis after being exposed to silica at work. However, it’s important to bear in mind that you will not qualify for the claim if you were self-employed when you were exposed.
  • Claim a lump sum of compensation under the Workers Compensation Act 1979. A claim for compensation under this Act is available to anyone with silicosis or a dependent whose loved one has died of silicosis.

You can make all three types of claim, but money received through industrial disablement benefit or the Workers Compensation Act will be deducted from any compensation awarded in a civil claim. Advice can be provided as part of your personal injury claim.

What can be claimed with a compensation claim?

  • Financial Compensation: silicosis can result in substantial medical expenses, ongoing costs, and loss of income. A personal injury claim can help you secure the financial compensation needed to cover these expenses and ensure a stable future.
  • Rehabilitation and Support: A successful personal injury claim can provide the resources necessary for specialised treatments, therapy, and assistance to enhance your quality of life.
  • Holding Responsible Parties Accountable: By pursuing a personal injury claim, you not only seek compensation but also hold those responsible for the negligence accountable. The claim can also help prevent similar incidents from occurring in the future.
  • Quality of Life Improvements: Compensation from a personal injury claim can enable you to access the best available medical care, support services, and medical technologies.

A compensation claim can cover:

  • Loss of earnings and pension arising due to the negligence
  • Treatment costs including future, immunotherapy and test medication
  • Costs of treatment, therapies and equipment
  • Pain and suffering
  • Ongoing care costs
  • Lifestyle changes to accommodate injury
  • Physical and psychological conditions arising from negligence

We know that you may need to secure damages as your case is ongoing. These are called provisional damages. This means that we can try and secure a payment to you based on how silicosis is currently affecting your life but you will need to return to court for further compensations if your condition deteriorates. Specific advice can be provided on provisional damages.

Why us?

We offer a free initial consultation to evaluate your case and discuss your legal options. Our solicitors understand the complex and long-lasting challenges posed by injury that was not your fault. Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time

There are time scales and you should contact us as soon as possible to investigate an action for you

Contact Us

Silicosis can have devastating consequences for individuals and families. Speir Buchan are here to work towards securing the compensation you deserve.

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