The Legal Light Justin Stack Landmark $2.4m silicosis award for tunnel worker A recent landmark judgment by the Dust Diseases Tribunal has awarded a Sydney tunnel worker $2.4 million compensation after he contracted silicosis and fibrosis from damaging airborne hazards. It is the highest award ever in Australia for a dust- related injury - $860,000 in general damages and $1.54 million for the loss of earning capacity for the 53-year-old. In his judgment, Judge Andrew Scotting concluded the tunnel worker would be incapacitated for work by 65, and reach respiratory failure by 70 without a lung transplant. He had been working for 27 years on the road and rail tunnels being built under Sydney and Melbourne before he was diagnosed with the deadly lung disease in 2020. The defendants in the case were some of the nation's largest contracting companies, including CPB Contractors, Lendlease, John Holland and Thiess. Personal injury lawyer at Stacks Law Firm Christopher Clarke said the judgment could be just the first of many for injured tunnel workers, because the judge strongly criticised the failure of the companies in not adequately protecting workers from the airborne dangers in digging tunnels. The judge said the companies "knew or ought to have known that by exposing the plaintiff to large quantities of RCS (respirable crystalline silica) that he was at risk of serious illness and death". The judge said the employers could have used several "high order" safety measures. "The overwhelming cause of the plaintiff's condition was the egregious breaches of duty committed by each of the plaintiff's employers... for most of the exposure period the plaintiff was provided with a paper face mask, which for the reasons given, provided little, if any, protection," the judgment stated. Mr Clarke said the judgment should warn employers that much better safety measures were required, and that superior safety technology already existed. "This was the first case brought by a tunnel worker diagnosed with silicosis and it could have major consequences for thousands of workers employed in the intense tunnelling projects under Sydney and Melbourne. "It follows earlier revelations of serious health risks for tradespeople cutting engineered stone for kitchens, which led to a ban on the slabs containing more than one per cent silica. Curtin University predicted up to 10,000 people in Australia would develop silicosis from being exposed to the deadly dust in the workplace. "Anybody who believes they may have been exposed to harmful airborne particles should contact a lawyer specialising in personal injury to find out whether they might be eligible for compensation. "Lawyers know the health checks that would be needed, as well as recording exposure in the workplace as evidence for a claim through the Dust Diseases Tribunal." STACKS LAW FIRM Madaline Shepherd Licensed Conveyancer 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Landmark $ 2.4m silicosis award for tunnel worker A recent landmark judgment by the Dust Diseases Tribunal has awarded a Sydney tunnel worker $ 2.4 million compensation after he contracted silicosis and fibrosis from damaging airborne hazards . It is the highest award ever in Australia for a dust- related injury - $ 860,000 in general damages and $ 1.54 million for the loss of earning capacity for the 53 - year - old . In his judgment , Judge Andrew Scotting concluded the tunnel worker would be incapacitated for work by 65 , and reach respiratory failure by 70 without a lung transplant . He had been working for 27 years on the road and rail tunnels being built under Sydney and Melbourne before he was diagnosed with the deadly lung disease in 2020 . The defendants in the case were some of the nation's largest contracting companies , including CPB Contractors , Lendlease , John Holland and Thiess . Personal injury lawyer at Stacks Law Firm Christopher Clarke said the judgment could be just the first of many for injured tunnel workers , because the judge strongly criticised the failure of the companies in not adequately protecting workers from the airborne dangers in digging tunnels . The judge said the companies " knew or ought to have known that by exposing the plaintiff to large quantities of RCS ( respirable crystalline silica ) that he was at risk of serious illness and death " . The judge said the employers could have used several " high order " safety measures . " The overwhelming cause of the plaintiff's condition was the egregious breaches of duty committed by each of the plaintiff's employers ... for most of the exposure period the plaintiff was provided with a paper face mask , which for the reasons given , provided little , if any , protection , " the judgment stated . Mr Clarke said the judgment should warn employers that much better safety measures were required , and that superior safety technology already existed . " This was the first case brought by a tunnel worker diagnosed with silicosis and it could have major consequences for thousands of workers employed in the intense tunnelling projects under Sydney and Melbourne . " It follows earlier revelations of serious health risks for tradespeople cutting engineered stone for kitchens , which led to a ban on the slabs containing more than one per cent silica . Curtin University predicted up to 10,000 people in Australia would develop silicosis from being exposed to the deadly dust in the workplace . " Anybody who believes they may have been exposed to harmful airborne particles should contact a lawyer specialising in personal injury to find out whether they might be eligible for compensation . " Lawyers know the health checks that would be needed , as well as recording exposure in the workplace as evidence for a claim through the Dust Diseases Tribunal . " STACKS LAW FIRM Madaline Shepherd Licensed Conveyancer 02 6592 6592 taree.stacklaw.com.au Partners in life