Silicosis & Pneumoconiosis
Compensation Claims

Exposed to harmful dust at work? We can help you claim compensation

Silicosis and pneumoconiosis are serious lung diseases caused by long-term exposure to harmful dust, often in industries such as mining, construction, or quarrying. These conditions develop when dust particles, such as silica, are inhaled over time, leading to lung damage, difficulty breathing, and chronic health problems.

If you’ve been diagnosed with silicosis or pneumoconiosis due to unsafe working conditions, you can claim No Win, No Fee compensation for the pain and suffering you have experienced, and for the financial impact of the illness. A specialist solicitor will take care of the legal process, so you can focus on your health.

You are not alone

HSE data shows that approximately 19,000 new work-related cases of lung problems are reported every year (hse.gov.uk).

Silica dust is a common mineral found in certain types of stone, rock, granite, sand and clay. The Health and Safety Executive reports that silica dust is responsible for more than 600 deaths each year; two-thirds reported cases occur in the construction sector.

Workers and retired workers who are diagnosed with silicosis after being exposed to silica dust at work may be entitled to make an industrial diseases claim against their employer.

How much compensation can I claim for silicosis?

The amount of compensation you can claim for silicosis is determined by:

• the degree of your illness,
• the extent to which your illness impairs your daily life and work,
• any financial liabilities or costs you?ve incurred from your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your silicosis Compensation can include loss of wages, commission and any other income income, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as inhalers, oxygen therapy and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average injury general damages compensation table

The following injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Asthma & breathing difficulty

Chest injuries

Lung disease

Do I qualify for silicosis compensation?

Yes, you can claim for silicosis, if:

• you were made ill within the last 3 years, and;
• someone else was to blame, and;
• they owed a duty of care to prevent harm.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long after a silicosis diagnosis do I have to claim compensation?

For most injury claims, you have up to 3 years from the date of your injury to start the claims process.

If your injury or illness is not immediately apparent, the 3-year time limit starts from the date that you injury or illness was diagnosed and your were informed of the likely caused.

What is silicosis lung disease?

Silica dust is toxic to the lining of the lungs. When inhaled, it causes inflammation that irreversibly damages the lung tissue - a condition known as silicosis.

If silicosis is suspected but not yet formally diagnosed, the claimant's solicitor will arranged for a medical examination to confirm the diagnosis, recommend further treatment, and provide medical evidence so the claim can progress.

The Courts recognise that the severity of silicosis symptoms will affect an individual's life to varying degrees, and adjust the compensation awarded accordingly. The three main types of silicosis are:

• Simple chronic silicosis - the most common type of silicosis that occurs after 20 years of inhaling silica dust, causing shortness of breath and a dry cough.
• Accelerated silicosis - occurs in workers who inhale higher levels of silica over a shorter period, usually between 5 and 15 years. Symptoms develop sooner and include severe breathlessness, fatigue and weight loss.
• Acute silicosis - a rare form of the disease that occurs after brief exposure to very high levels of silica dust. Symptoms may be immediate and severe, include breathing difficulty, chest pain and fluid on the lungs that does not respond to treatment. Prognosis depends on the amount of damage to the lungs.

Who is at risk of silicosis?

People who cut, break, drill, crush or otherwise work with silica-containing materials are most at risk of developing silicosis. As such, silicosis is more prevalent among workers in the following industries:

• Construction
• Mining
• Quarry works
• Sand blasting
• Stonemasonry
• Foundry work
• Pottery.

You do not need to have been employed in these industries to make a silicosis claim. If you have been exposed to silica dust as the result of another party's negligence, and have developed silicosis as a result, you may be able to make a claim.

Your solicitor will help to identify the party responsible for the exposure, and will advise on whether a claim can be made.

What causes pneumoconiosis?

Pneumoconiosis is caused by inhalation, and retention in the lungs, of dusts. Characterised by scarring and inflammation of the lung tissue, symptoms include shortness of breath, persistent cough, fatigue, laboured and rapid breathing and chest pain.

The type of condition a person develops depends on the particular dust inhaled, as follows:

• Asbestosis - asbestos
• Silicosis - silica (found in sand, sandstone, clay, granite and slate)
• Coal worker's pneumoconiosis (black lung) - coal
• Berylliosis - beryllium
• Byssinosis - vegetable fibres (such as flax, hemp, cotton dust or sisal)
• Kaolin pneumoconiosis - kaolin (used in ceramics, paper, medicines and cosmetics)
• Siderosis (welders' lung) - iron particles

Which jobs have the highest pneumoconiosis risk?

Any individual who has been exposed to one or more of the dusts or chemicals linked to the disease could develop pneumoconiosis.

Some of the most common industries affected by pneumoconiosis include:

• Mining
• Construction
• Shipbuilding
• Iron working
• Fabric and ceramic manufacturers

As it usually takes years to develop (over 10 years between past exposure and onset of symptoms), most cases now occur in retired workers and reflect historic working conditions.

Diagnosing pneumoconiosis

If you suspect you could have or are at risk of developing work-related pneumoconiosis, speaking to a medical specialist is an important step.

Medical advice will help you access treatment and can also to demonstrate a link between the disease and likely causes. A solicitor can help arrange an appointment with a doctor if help has not already been sought.

What questions will the specialist ask?

During a medical consultation, the doctor will ask questions regarding your current job and past work history, to establish whether your condition was indeed a result of exposure in a work environment.

As pneumoconiosis in the UK is a ‘notifiable' disease, doctors are duty bound to notify the individual's employer (with permission) of a diagnosis who. In turn, the employer should escalate it to the HSE.

Is my employer liable?

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) impose far-reaching obligations on employers to minimise the effects of silica exposure, including:

• Risk assessments to gauge whether the work environment is hazardous
• Issuing personal protective equipment to employees
• Providing adequate safety training.

If an employer has breached their health and safety regulations, or has otherwise failed to take reasonable steps to keep their workers safe from harm, then a silicosis compensation claim can be made.

What if my employer has gone out of business?

By law, employers must maintain Employers' Liability insurance to compensate their workers and former workers in the event that they suffer an accident or injury while at work.

Quittance's network of expert industrial claims solicitors can help trace the insurers of a former employer using the Employers' Liability Tracing Office (elto.org.uk) and records held at Companies House (gov.uk). Even if an employer is no longer in business, it is still possible to make a claim for silicosis compensation against the insurer.

Read more:

Can I claim compensation if my employer has ceased trading

Employers' liability for silicosis

Silicosis claims typically involve workplace negligence. Click the icon below to explore the steps in making a claim.

Work accidents Other accidents

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.