What is a Dust Diseases Claim?

A Dust Disease claim provides compensation for diseases which are chronic lung illnesses which have been caused by inhaling dust particles including asbestos, crysralline silica, cotton and hard metals like cobalt.

The following diseases are considered 'Dust Diseases' for the purpose of the legislation.

  • Aluminosis
  • Asbestosis
  • Asbestos induced carcinoma
  • Asbestos related pleural diseases
  • Bagassosis
  • Berylliosis
  • Byssinosis
  • Coal dust pneumoconiosis
  • Diffuse dust-related pulmonary fibrosis
  • Farmers’ lung
  • Hard metal pneumoconiosis
  • Hypersensitivity pneumonitis
  • Mesothelioma
  • Pneumoconiosis (any form)
  • Silica-induced carcinoma of the lung
  • Silicosis
  • Silico-tuberculosis
  • Systemic sclerosis
  • Talcosis


Are you eligible?

These diseases generally arise in people who work in industries which:

  • Generate dust particles when cutting, sawing, sanding or grinding materials which naturally contain silica including rock, stone, sand, and clay; or
  • Disrupt dust particles whilst renovating, rebuilding or demolishing buildings which contain asbestos or are exposed to deteriorating asbestos products.

Exposure is an important aspect of making a Dust Disease claim. This includes exposure periods, hours of exposure per day, and whether you were exposed to those harmful dust particles in an alternate occupation, or another aspect of your life.


What compensation are you entitled to?

The compensation you may receive if you make a successful claim will vary based on your individual circumstances, and the type of disease/exposure you have endured.

A Dust Disease Claim may include the following compensation:

  1. Pain and suffering.
  2. Loss of earnings.
  3. Paid and gratuitous care.
  4. Medical expenses.

In some circumstances, a claim may be made on behalf of a diseased family member, who has died as a result of a dust disease.


Do you have a Dust Disease?

If you have worked in an occupation in the past where you were exposed to dust particles and are unsure if you have a claim, the following symptoms are commonly related to a claimable medical condition:

  • Shortness of breath.
  • Sudden and persistent coughing.
  • Sudden weight loss.
  • Recurring lung infections and/or mucus in the airways.
  • Frequent fatigue.
  • Weakness.
  • Chest pain.

You are able to confirm dust disease with a CT Scan. We recommend that you contact a health professional if you are suffering from any of the above symptoms.


Do any time limits apply?

There are relevant time limits for making a Dust Disease claim. These limits will depend on your individual circumstances, we recommend that you contact our team to get the right advice, as soon as possible.


What are the Legal costs?

At Marsdens we conduct these cases on a no win/no pay basis. This means that you do not pay our professional legal fees for the time spent preparing your case until the conclusion of the matter and then only if your claim is successful.

In relation to expenses, which primarily relate to the cost of obtaining clinical notes and expert reports, Marsdens have a database of experienced medical and other experts who provide reports of high quality. We will discuss with you the likely cost of reports and if necessary make arrangements to assist you with payment if you are experiencing financial difficulty.


Is instructing a Marsdens solicitor really necessary?

It is our experience that the claim process is much less stressful and more accessible if you have a solicitor managing it for you. The early collection of evidence and information is essential to the success of your claim. Sometimes it can be difficult to know how to get the right documents, what law is applicable and whether your claim is worthwhile pursuing.

Instructing a Marsdens solicitor means that you have an experienced professional who will look out for your best interests, consider your circumstances and assist you in the most efficient and beneficial way possible. We aim to provide a personal service with a demonstrated commitment to our clients.

If you think that you may be eligible, or if you have any questions, please contact our team.