The Rapid Rise of Work-Related Lung Disease and Legal Options for Affected Workers
Silicosis, a severe and entirely preventable lung disease, has surged due to the fabrication and installation of artificial stone countertops. This disease, caused by prolonged exposure to silica dust, has historically been linked to mining, quarrying, and sandblasting. However, a new occupational hazard has emerged, as engineered stone—popular for kitchen and bathroom countertops—contains extremely high levels of crystalline silica.
From 1991 to 2022, the city of Victoria recorded 536 workers’ compensation claims for silicosis, with nearly 90% of those cases occurring between 2015 and 2022. This 27-fold increase in claims reflects the growing number of workers developing the disease from exposure to artificial stone. A government-funded screening program for stone countertop industry workers played a key role in diagnosing cases that otherwise may have gone undetected. Between 2019 and 2022, respiratory physicians registered 210 new cases of silicosis, with 95% of those affected having worked with artificial stone.
Most of the affected workers were young to middle-aged men, with a median age of 40 years at the time of diagnosis. The significant increase in cases led Australia to become the first country in the world to ban artificial stone with more than 1% crystalline silica, effective July 1, 2024. Despite this regulatory action, the impact on those already affected remains substantial. Workers suffering from silicosis face serious health challenges, financial burdens, and limited work opportunities.
How Silicosis Affects Workers and Their Legal Rights
Silicosis develops when tiny silica particles are inhaled, causing scarring and inflammation in the lungs. Symptoms can take years to appear, often progressing to severe respiratory issues, chronic coughing, and shortness of breath. In advanced cases, complications such as progressive massive fibrosis, lung infections, and respiratory failure can occur, reducing life expectancy and leading to significant medical costs.
Most workers diagnosed with silicosis were involved in cutting, shaping, and installing artificial stone without adequate dust suppression measures. Many were unaware of the long-term dangers or were not provided with proper protective equipment. The lack of enforcement of workplace safety regulations contributed to increased exposure, leaving workers vulnerable to a disease that should have been prevented.
Those diagnosed with silicosis have the right to seek compensation for their medical expenses, lost wages, and long-term disability. Many affected workers in Victoria have already filed claims through the workers’ compensation system. However, some may also have grounds for legal action against manufacturers, employers, and suppliers who failed to warn about the risks or implement necessary safety measures.
Filing a Legal Claim for Silicosis
Workers suffering from silicosis may pursue legal claims under workplace injury laws and product liability statutes. The process begins with gathering medical evidence, including diagnostic tests and occupational exposure history. Physicians use high-resolution imaging and lung function tests to confirm the disease and determine its severity. Documenting work conditions, safety violations, and employer negligence is crucial to building a strong case.
The next step is filing a claim with the workers’ compensation system or pursuing a lawsuit against liable parties. While workers’ compensation provides medical benefits and wage replacement, it may not fully cover the long-term costs associated with silicosis. In cases where employers failed to provide a safe work environment or manufacturers neglected to warn workers about silica exposure risks, additional legal action may be necessary.
Lawsuits against manufacturers and employers often involve proving that the company knew—or should have known—about the dangers of artificial stone but failed to take adequate precautions. Legal teams may present evidence that safer alternatives existed, that workers were not properly trained, or that regulatory requirements were ignored. Many companies have prioritized profit over worker safety, and legal action holds them accountable for the harm caused.
Why Legal Representation is Essential
Silicosis cases involve complex medical evidence, occupational exposure histories, and regulatory violations. Workers attempting to handle claims on their own may struggle to navigate the legal process, particularly when facing large corporations and insurance companies that seek to minimize payouts. Hiring an attorney ensures that victims receive fair compensation and that responsible parties are held accountable.
An attorney can help determine whether a claim should be filed under workers’ compensation or as a lawsuit against negligent manufacturers and employers. Legal teams work with medical professionals to establish the connection between workplace exposure and the disease, ensuring that all relevant evidence is documented. Negotiations with insurers can lead to settlements, but if a fair offer is not made, taking the case to court may be necessary.
Compensation Available for Silicosis Victims
Workers diagnosed with silicosis may be entitled to compensation covering various damages. Medical expenses, including doctor visits, medication, and respiratory treatments, can be significant. In cases of severe lung damage, long-term care and oxygen therapy may be required. Compensation for lost wages is also critical, as many workers with silicosis are unable to continue in their trade due to respiratory impairment.
Pain and suffering damages account for the emotional and physical toll of the disease. Silicosis not only affects lung function but also impacts overall quality of life. Many victims experience anxiety, depression, and a loss of independence due to their declining health. For workers diagnosed at a young age, the inability to work and support their families creates additional financial and emotional stress.
In fatal cases, surviving family members may file wrongful death claims. Compensation can cover funeral expenses, loss of financial support, and the emotional burden placed on loved ones. If manufacturers or employers are found to have acted recklessly by ignoring known safety risks, courts may also award punitive damages to deter similar conduct in the future.
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