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  • Silicosis Compensation Claims

Silicosis Compensation Claims

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Silicosis is a rare lung condition caused by excessive exposure to certain kinds of dust. Specifically, it's caused by the crystalline form of silicone dioxide, often found in dust of stone, brick, concrete, or sand.

Wherever you work, your employer has a duty of care to protect you from health and safety risks. This includes exposure to silica dust. If you've been diagnosed with silicosis, you should consider whether it might’ve been caused by a current or former working environment.

Statistics have recorded an increase in silicosis cases in recent years. If you've been diagnosed with silicosis because of work, our solicitors could help you claim compensation. Our lawyers have pursued successful silicosis claims for workers and former workers in a variety of industries.

People who work in the following industries are particularly at risk:

  • Mining
  • Construction
  • Demolition
  • Pottery and ceramics
  • Glass manufacturing
  • Sand blasting
  • Stone masonry and cutting
  • Paving.

You may be able to claim even if the exposure happened decades ago, and even if the company you worked for has since gone out of business. Contact us today to discuss the possibility of making a claim in a free initial consultation.

Irwin Mitchell Silica Exposure Register

As well as silicosis, silica dust exposure can cause various other diseases including:

  • Lung Cancer
  • Tuberculosis
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Autoimmune disease.

If you believe that you've been exposed to some form of silica dust at any point in your working life, but you don't currently have any symptoms or diagnosed conditions, it is important to make sure you keep a record of the potential exposure/s so that you can have quick access to the information in the future to help build any legal claims against an employer. To help, we have a register that allows you to record periods of employment, the employers’ details and what sort of exposures you might have had during that time.

We'll keep your register details private and secure. We'll only contact you to make sure you're happy to stay on our register or in the event of a potential silica claim being received involving your employer/s. Adding your details to our register is free of charge.

Why choose us to handle your silicosis compensation claim?

Chambers and Partners, one of the UK’s leading independent legal guides, says of our industrial disease team: "The firm has a talented and very dedicated team to assist its clients in getting the best outcome from their case. They are well suited to handling complex and sophisticated matters."

Chambers and Partners has ranked us as a top tier law firm for industrial disease claims for over 15 years.

The Legal 500, another independent legal guide, praises our caring approach to clients. They state: “Client care delivery is exceptional, the value of legal advice and focus on solution-based resolutions is outstanding.”

Most of the claims we handle are on a no win no fee basis. This means there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim is unsuccessful.

You’ll also benefit from the support of other teams across our firm. Our Support and Rehabilitation coordinators are clinical specialists who’ll assess your needs. They’ll then work with our partnered charities and support groups across the country to get you support that’s local to you.

We’ve also an Asset Management team of financial experts. They can advise you on how to get the most out of your compensation once your claim’s been settled. They can give you advice on how you could invest your money to make it last for as long as possible.

We also offer a bespoke Wills service, so you can make certain your money is distributed in accordance with your wishes.

We’ve offices throughout the UK, so you can visit us at a location that’s close by. We can also visit you at home or in hospital if this is more convenient. Video and phone calls are also an option.

No Win No Fee*
Accredited personal injury experts
Experience in a wide range of respiratory conditions
Offices across the UK

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Oliver Collette Silicosis Solicitor
Oliver Collett Partner Meet the team

More information on silicosis claims

Silicosis is an occupational condition widely linked to people who’ve worked as miners, stonemasons kitchen fitters or potters. It can be life changing to all those who are diagnosed with it.

The main symptoms of silicosis are a persistent cough and shortness of breath, as well as weakness and tiredness. It can often take up to 20 to 30 years for the symptoms to appear, which could be long after you've left the job where exposure took place.

Some people are initially diagnosed with work related sarcoidosis which causes similar lung condition symptoms. Clinicians often first diagnose sarcoidosis before a more definitive diagnosis of silicosis can be made.

To begin a silicosis claim for compensation, get in touch with us. You’ll have a free initial consultation with one of our legal experts, who’ll advise you on whether you could make a claim.

If you choose to pursue your claim, we’ll begin gathering evidence to support it. We’ll then contact your former employer to see if they accept responsibility for your silicosis. If they accept liability and agree with the amount of money that we feel you need, your claim will be settled, and you’ll get compensation.

If they accept responsibility, we’ll try to get you interim payments, which are made before your claim is finally settled. Interim payments are there to help you recoup any financial losses you’ve had, such as travel or medical expenses, or loss of earnings. Any interim payments are deducted from your final compensation amount.

However, if they dispute liability or the amount of compensation that we feel you deserve, we’ll have to prove it. This may involve initiating court proceedings. We’ll keep you involved throughout the process and make sure it’s as stress-free as possible for you.

Claims can still be settled without needing to go to court, even if trial dates have been set.

The circumstances around each claim vary, so we can’t say exactly how long your claim will take.

Much of how long your claim will take depends on whether your former employer accepts blame for your condition. If they do accept responsibility and agree with the amount of compensation, we’ll be able to settle your claim quickly.

However, we’ll need to prove their responsibility if they won’t accept it, which can mean your claim will take longer. If your employer disputes the amount of compensation we’re claiming for, we may need to initiate court proceedings.

If you need to go to court, we’ll do all we can to make the process as stressless as possible for you. Many claims can be settled without going to court even once trial dates are set.

No matter how long your silicosis claim takes, we’ll be with you every step of the way.

There are various pieces of evidence that can be submitted to support your silicosis claim.

Evidence we can use includes:

  • Witness statements from former colleagues
  • Your medical records
  • Your employment history to establish where you were exposed to silica dust
  • Financial records to prove any costs you’ve incurred or income you’ve lost from silicosis
  • Independent medical assessments, if needed
  • Our Silica Dust Register, showing your work history.

We advise you to contact us to discuss your situation in a free initial consultation. Once we know a little more about your circumstances, we’ll be able to advise you on how much compensation you could be entitled to claim.

The amount of compensation awarded in each silicosis case is determined by:

  • Your medical and travel expenses, both now and in the future
  • Any modifications you need to your home
  • Your current and future care and support needs
  • Your pain and suffering
  • Any equipment or mobility aids you need
  • Any loss of earnings you’ve had and will have in future.

In most cases, you’ve three years from the date you learned your silicosis could’ve been caused by your job. If you were working outside of the UK, this time limit may be shorter.

If you’re claiming on behalf of a loved one who lost their life to silicosis, the limit is also three years. This limit begins from either the date your family member died, or the date you got the post-mortem results.

In any case, we urge you to begin making your claim as soon as possible. Evidence will be easier to obtain, and the details will be fresher in your mind and the minds of any witnesses.

Yes, most of our personal injury claims are made using a no win no fee agreement.

If your claim is successful, most of our fees will be paid by your opponent in a no win no fee claim. If your claim isn’t successful, you won’t need to pay anything.

To make a no win no fee claim, you’ll need to enter into an agreement that’s linked to a suitable insurance policy. We’ll advise on the funding options available to you before we start working for you.

Read more about no win no fee claims.

Man stood with his back to the camera looking out to see at sunset

If I did not understand anything, I would just ask him to explain things and he would explain it all to me.”

Peter, client

Gareth's Story

Client Story Gareth a stonemason Silicosis story

We helped a former stonemason who developed silicosis claim compensation from his former employers who failed to protect him properly, even though they knew the risks.

Gareth worked with dry silica stone for the majority of his career, and was only ever given a paper dust mask as protection despite his employers knowing the risks to his health.

We were secured more than £400,000 in compensation to help Gareth access treatment and enjoy the best quality of life possible.

Read more about Gareth's story here.

David Johnston Keay headshot


"We are pleased to have negotiated a significant settlement sum for Gareth which will provide financial security for him and for his family. However, no amount of money will cure Gareth of his debilitating silicosis for which there is no cure and the effects of which Gareth will have to live with for the rest of his life." - David Johnston-Keay, Partner

Read More Client Stories

Frequently Asked Questions

How should my employer have protected me from silicosis?

Under the Health and Safety at Work Act 1974 and The Personal Protective Equipment At Work Regulations 1992, employers have a duty of care to protect their employees from harm.

Exposure to silica dust at work should be preventable if employers take proper steps to remove the risk. To minimise the risk of exposure, your employer should have:

  • Made you aware of the risks
  • Explained what the exposure limits are
  • Shared the results of any exposure monitoring
  • Provided you with fully functioning respiratory protective equipment (RPE), such as face masks or filters.

If they failed to do this, you could be entitled to make a claim for compensation.

What are the symptoms of silicosis?

It may take decades for the symptoms of silicosis to appear. Initially you may be diagnosed with sarcoidosis, a similar condition that causes patches of swollen tissue, called granulomas, to develop in the organs of the body. It often affects the lungs which is why it might be mistaken for Silicosis. However, some of the common symptoms of Silicosis are:

  • A cough that doesn’t go away
  • Swelling in your legs
  • Breathlessness
  • Wheezing
  • Discolouring of your lips
  • Unexplained weight loss and loss of appetite
  • Feeling weak and tired
  • Night sweats.

As the disease progresses, the symptoms can get gradually worse. You may find you can’t walk upstairs on your own anymore. Many people with silicosis end up housebound.

What’s the life expectancy of a person with silicosis?

Silicosis is a progressive disease, meaning it’ll get worse over time.

On average, people who are diagnosed with silicosis will lose 11.6 years of their life.

If you choose to make a claim for compensation, we’ll make sure this is factored into your settlement.

Read More FAQs

Related Information - Silicosis Claims

Industrial Illness Claims Guide Answers to some of your frequently asked questions concerning workplace illness claims
Rehabilitation We can help you access the care and support you need to help with your recovery
Asbestos and Mesothelioma Claims We can help you claim if you've an asbestos related disease due to exposure at work
Employment Law We could help if you're facing issues with your current or former employer

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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