What is Silicosis?
Silicosis is a lung-disease caused by the excessive inhalation of crystalline silica dust. Symptoms do not develop rapidly and often do not occur until around 10 years after inhalation. Silicosis causes inflammation of the lungs and causes hardened scar tissue to develop on the lungs preventing them from functioning as normal. The main symptoms of silicosis include, a persistent cough, shortness of breath and tiredness. Silicosis can leave individuals at greater risk of developing further health conditions including, heart failure, lung cancer, chronic obstruction pulmonary disease and kidney disease. Although the effects of silicosis cannot be reversed, individuals can be offered treatment to enhance their quality of life.
HSE have recorded a worrying uptick in silicosis cases over the last couple of years, which may indicate an increasing problem in the UK. An increase in the use of artificial stone over natural stone may be the cause. Artificial stone is a popular choice of material for new kitchens etc, but it often contains more than 90% free silica.
Who can develop silicosis?
Crystalline silica dust which causes silicosis is found in certain types of material such as, stone, rock, granite, marble, brick, concrete and sand among others. This leaves individuals who work in the building, mining and construction industry at greater risk of developing silicosis. When the materials are disturbed and handled, small particles of dust are released and can be inhaled into the lungs. Over time, this begins to cause damage to the lungs.
What should my employer do to limit my risk?
Employers in the UK must comply with The Control of Hazardous to Health Regulations 2002 which defines silica as a hazardous substance.The regulations impose a duty on employers to ensure that their employees’ exposure to hazardous substances is either prevented or adequately controlled. As crystalline silica dust is a natural substance found in materials often used by many employers, it is important that your employer takes steps to protect you from excessive exposure including –
- Carrying out a risk assessment
- Providing training and informing employees of the risks associated with silica dust
- Providing their employees with suitable PPE
- Limiting employee exposure to silica dust
- Introducing health surveillance
- Replacing materials with substances which reduce the risk to employee’s health
- Ensuring workplaces have adequate ventilation
- Enhanced hygiene practices such as wet sweeping of dust only
What can I do to limit my risk?
Employees have a duty to take steps to limit their exposure and must follow all practices, risk assessments and training implemented by their employer. While your employer has a duty to provide you with appropriate Personal Protective Equipment (PPE), employees must ensure that the appropriate PPE provided is worn at all times. Employees have a duty to report any defective PPE to their employer. If your employer has introduced enhanced control measures such as limiting exposure or further cleaning procedures, employees must ensure that these practices are followed to limit their exposure.
Can I make a claim for compensation if I develop silicosis?
If you have been exposed to silica dust at work and your employer has failed in their duties to protect you, you may be able to make a claim for compensation.
It is important to seek independent legal advice as soon as possible if you suspect your employer has failed in their duty to protect you from hazardous substances. Often claims can involve an extend period of investigation particularly if an individual has worked with various different employers over many years.
How can we help?
If you feel you are suffering from any of the symptoms of silicosis, it is important to attend your GP as soon as possible to obtain a formal diagnosis. Once a formal diagnosis has been obtained, we can assist you with raising a claim against your current or former employer(s). In Scotland, individuals have three years from the date of an accident to have a claim raised and served in court. However, in industrial disease cases, the time bar can begin from the date of knowledge. This means that you have three years from the date at which it was reasonably practicable to be aware that your symptoms are related to your previous (or current) employment to raise and serve a claim.
To find out if you are entitled to compensation, please contact our specialist team now.
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