Pneumoconiosis Compensation Claims
Pneumoconiosis Claims may be possible if you have developed a dust-related lung disease because of harmful exposure during your employment and there is evidence that an employer failed to protect you from that risk.
Pneumoconiosis is a term used for a group of lung diseases caused by inhaling and retaining certain dusts in the lungs. Coal workers’ pneumoconiosis and silicosis are two of the main forms associated with occupational exposure. These diseases can take many years to become apparent, which means someone may only receive a diagnosis long after leaving the job where the exposure occurred.
If you have been diagnosed with pneumoconiosis and believe your current or previous work contributed to the disease, Tylers Solicitors can consider your employment history and advise whether you may have grounds to pursue compensation.
At Tylers Solicitors, eligible claims can be handled on a No Win No Fee basis. The circumstances of each case need to be investigated before liability or the likely value of a claim can be established. Call us on 0800 699 0079.
Can I Make a Pneumoconiosis Compensation Claim?
You may be able to make a claim where occupational dust exposure caused your pneumoconiosis and an employer failed to take reasonable steps to protect you from the risk.
A diagnosis and a history of working in a dusty environment do not automatically establish negligence. A civil claim requires consideration of the exposure involved, the duties owed by the employer at the relevant time and whether a failure to meet those duties caused or materially contributed to the disease.
Pneumoconiosis is particularly associated with occupational exposure because of the dusts responsible for its different forms. Coal workers’ pneumoconiosis results from inhaling coal dust, while silicosis is caused by inhaling respirable crystalline silica. HSE notes that pneumoconiosis can have a long latency period, with disease sometimes becoming apparent ten years or more after exposure.
This delay can make historic employment particularly important. A claim may involve working conditions from decades ago, several employers or a company that is no longer trading. None of these circumstances automatically prevents a civil claim, although they can affect how it needs to be investigated.
Pneumoconiosis sits within the wider area covered by Industrial Disease Claims, which can arise where occupational exposure has caused illness over time.
There are also statutory schemes that may apply to some people with occupational pneumoconiosis. Industrial Injuries Disablement Benefit covers pneumoconiosis, including silicosis and asbestosis, subject to its eligibility requirements. A separate lump sum may be available under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 in specified circumstances, including where a person cannot take civil action because the relevant former employer has ceased trading. These routes have their own eligibility rules and should not be treated as the same as a civil negligence claim.
Common Causes of Pneumoconiosis
Different forms of pneumoconiosis are associated with different mineral dusts. Establishing which substance a worker encountered can therefore be an important part of both the medical diagnosis and the legal investigation.
Coal Workers' Pneumoconiosis (Black Lung Disease)
Coal workers’ pneumoconiosis develops following the inhalation of coal dust. It is historically associated with coal mining and is sometimes referred to as black lung disease. Current HSE guidance identifies coal workers’ pneumoconiosis as one of the most common forms of pneumoconiosis in Great Britain.
Silicosis
Silicosis develops following inhalation of respirable crystalline silica. Silica is naturally present in materials including stone, rock, sand and clay. Work that cuts, sands or otherwise disturbs silica-containing materials can release very fine respirable dust capable of reaching deep into the lungs.
The occupation alone does not determine whether somebody has a valid claim. What matters is the nature and extent of the harmful exposure and whether reasonable precautions should have been taken to prevent or reduce it.
Employers are required to assess and control risks arising from hazardous substances at work. The measures required depend on the substance, work being undertaken and circumstances at the relevant time. In a dust exposure claim, the investigation may therefore consider how the work was carried out and what was done to control the amount of harmful dust workers breathed.
Asbestosis is also classified as a form of pneumoconiosis in some official contexts, but it is a specific disease caused by asbestos exposure and has its own legal and medical considerations. Our Asbestosis Claims page provides more detailed information about that condition. Mesothelioma is another asbestos-related disease, but it should not be described as a form of pneumoconiosis. You can read about claims involving that disease on our Mesothelioma Claims page.
Pneumoconiosis Symptoms and Evidence
Pneumoconiosis can affect people differently depending on the type of disease and its severity. Breathlessness and a persistent cough can occur, but these symptoms are not unique to pneumoconiosis and cannot confirm the condition without medical assessment.
Some occupational lung diseases develop slowly. A worker may therefore have left the industry responsible for the exposure before significant symptoms become apparent. HSE describes pneumoconiosis as a long latency disease, meaning current diagnoses can reflect workplace exposure from many years earlier.
Diagnosis needs to be made by appropriate medical professionals. The assessment can include a person’s occupational history because this helps identify previous exposure to substances such as coal dust or respirable crystalline silica. Imaging of the lungs may also form part of the investigation, while pulmonary function testing can provide information about how well the lungs are working.
For a compensation claim, medical evidence has an additional role. It needs to establish the diagnosis and help determine whether the occupational exposure in question caused the disease. The severity of the condition and its likely future effects will also be relevant when compensation is assessed.
The legal investigation looks separately at the circumstances in which the exposure occurred. Employment records and information about previous roles may help establish where and when someone encountered harmful dust. Depending on what remains available, evidence concerning working methods and workplace dust controls may also be relevant.
Pneumoconiosis is only one category of illness that can result from harmful substances at work. Our Respiratory Disease Claims page covers the wider range of occupational conditions affecting the lungs and respiratory system.
What Could a Pneumoconiosis Compensation Claim Be Worth?
The value depends on the medical evidence, severity, prognosis and the effects on the person’s work, daily life and financial position.
Who May Be Liable for Pneumoconiosis?
An employer may be liable where it can be established that they breached a duty owed to the worker and that the breach caused or materially contributed to the pneumoconiosis.
Employers have legal responsibilities to control risks from hazardous substances. Current HSE guidance requires employers to assess and manage risks where workers could be exposed to hazardous substances, including silica dust.
Pneumoconiosis claims frequently involve historic exposure, however, so liability cannot simply be assessed against today’s workplace standards. The law and knowledge of occupational risks that applied during the relevant employment period need to be considered.
An investigation may look at the type of work undertaken, the level and duration of exposure and the precautions that were available or should reasonably have been used at the time. Evidence about dust suppression, extraction or ventilation and suitable respiratory protection may be relevant depending on the particular workplace and period concerned.
Where someone worked for several employers in jobs involving harmful dust, more than one period of exposure may need to be investigated. Medical evidence can assist in determining the significance of those exposures.
A former employer having ceased trading does not necessarily mean there are no options available. It may be possible to investigate historic employers’ liability insurance. Some people who cannot pursue civil damages may instead meet the requirements of a statutory compensation scheme, although eligibility needs to be considered separately. Under the 1979 Act scheme, for example, there are specific conditions concerning the disease, Industrial Injuries Disablement Benefit and the inability to take civil action against a former employer that has stopped trading.
Liability will ultimately depend on the evidence available in the individual case. A diagnosis of pneumoconiosis confirms a medical condition, but a civil compensation claim also requires the legal responsibility for the harmful occupational exposure to be established.
How Much Pneumoconiosis Compensation Could You Claim?
The amount of compensation awarded for pneumoconiosis depends on the circumstances of the individual claim. The type and severity of the disease, its effect on breathing and daily life, the prognosis and any financial losses caused by the condition can all affect the eventual value.
Compensation for the injury itself is known as general damages. This reflects the pain, suffering and loss of amenity caused by the disease. The Judicial College Guidelines provide guideline brackets that solicitors and the courts can use when assessing general damages.
The lung disease section of the Guidelines specifically states that, apart from asbestos-related disease and asthma which are considered separately, its brackets are intended to cover other lung diseases regardless of their cause, including silicosis and pneumoconiosis.
For a general indication only, you can also use our personal injury compensation calculator. A pneumoconiosis claim still requires an individual assessment using the medical, exposure and financial evidence.
Pneumoconiosis & Lung Disease Compensation Guidelines
| Effects Of The Lung Disease | Guideline Compensation |
|---|---|
| Serious disability in a young person, with a probability of progressive worsening leading to premature death | £133,000 to £179,560 |
| Significant and worsening lung function, impaired breathing, prolonged and frequent coughing, sleep disturbance and restrictions on physical activity and employment | £72,430 to £92,520 |
| Breathing difficulties short of disabling breathlessness, fairly frequent inhaler use, inability to tolerate smoky environments, an uncertain prognosis and a significant effect on working and social life | £41,370 to £72,440 |
| Bronchitis and wheezing without serious symptoms, with little or no serious or permanent effect on working or social life and varying anxiety about the future | £27,480 to £41,370 |
| Slight breathlessness with no effect on working life and the likelihood of substantial and permanent recovery within a few years | £14,060 to £27,480 |
These figures are guidelines for general damages rather than guaranteed pneumoconiosis compensation amounts. The appropriate bracket and position within it will depend on the medical evidence and the individual effects of the disease. The Guidelines also recognise that prognosis can be particularly important when assessing lung disease because some conditions may worsen over time.
A claim can also include financial losses where these are recoverable and supported by evidence. Depending on the circumstances, these could include past or future loss of earnings, care costs, treatment expenses, travel expenses or other costs arising from the disease.
Any payment available through a statutory scheme is separate from the assessment of damages in a civil negligence claim. Your solicitor can advise how the different routes apply to your circumstances.
How Long Do You Have to Make a Pneumoconiosis Claim?
Pneumoconiosis can develop many years after the workplace exposure responsible for it, so the time limit for making a claim requires careful consideration.
For personal injury claims in England and Wales, the usual limitation period is three years. In an industrial disease case, however, this does not necessarily mean three years from the date you were exposed to dust or even automatically three years from the date you received a formal diagnosis.
Under the Limitation Act 1980, the three-year period can run from the date the cause of action accrued or, if later, the claimant’s relevant date of knowledge. Determining that date can depend on when you knew, or could reasonably have been expected to know, the important facts about the injury and its possible connection with the acts or omissions alleged.
This is particularly relevant to pneumoconiosis because symptoms and lung damage may only become apparent after a long period. Someone could therefore have left a mining, quarrying or other dust-exposed occupation years before investigating a potential claim.
There are circumstances in which different limitation rules can apply and the court has a discretion under section 33 of the Limitation Act 1980 to allow some personal injury claims to proceed despite the usual time limit. That discretion should never be relied upon, however.
If you have recently been diagnosed or have only recently learned that your lung disease may be associated with previous employment, getting legal advice promptly can help establish which time limit applies to your case.
How Tylers Solicitors Can Help With Your Claim
Pneumoconiosis claims can require an investigation into employment and exposure that took place a long time ago. Tylers Solicitors has 16 years’ experience and can help establish whether there may be grounds to pursue a claim.
We can look at where you worked, the jobs you carried out and the harmful dust you may have encountered. Where necessary, the investigation can include tracing a former employer or its employers’ liability insurer and obtaining evidence relevant to the working conditions at the time.
Medical evidence is also an important part of the claim. This can help establish the nature and severity of your pneumoconiosis, whether the occupational exposure caused the disease and what effect it is expected to have in the future.
If liability and causation can be established, we can then assess the compensation that may be recoverable based on the medical evidence and your individual financial losses.
Tylers Solicitors can handle eligible Pneumoconiosis Claims on a No Win No Fee basis. The terms of the agreement and any deductions that could apply will be explained before you decide whether to proceed.
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Pneumoconiosis Claims FAQs
Can I get compensation for pneumoconiosis?
You may be able to claim compensation if occupational dust exposure caused your pneumoconiosis and there is evidence that an employer or another responsible party breached a legal duty owed to you. A diagnosis alone does not establish liability, so the circumstances surrounding your exposure will need to be investigated.
Separate statutory compensation may also be available to some people who meet the relevant eligibility requirements.
What symptoms indicate pneumoconiosis?
Breathlessness and a persistent cough can occur with pneumoconiosis, although symptoms depend on the particular disease and its severity. These symptoms can also occur with many other respiratory conditions, so they cannot confirm pneumoconiosis on their own.
A diagnosis should be made by an appropriate medical professional based on the relevant clinical findings and occupational history.
Who can be held liable for pneumoconiosis?
An employer may be liable where evidence shows that it failed to meet the legal duties applicable at the time and that this failure caused or materially contributed to the disease.
Where exposure occurred while working for several employers, more than one period of employment may need to be investigated. A former employer having ceased trading does not automatically prevent a claim because its historic employers’ liability insurer may sometimes be traced.
Can a pneumoconiosis claim be made after someone has died?
In some circumstances, a claim can still be considered after the person with pneumoconiosis has died. Depending on the facts, the estate or eligible dependants may be able to pursue civil damages, and some statutory or coal-industry schemes also allow claims by qualifying family members.
The correct route, supporting evidence and time limit are case-specific, so advice should be taken promptly. GOV.UK provides separate guidance on claims for a miner who has died.
What are the different types of pneumoconiosis?
Pneumoconiosis is a broad term covering lung diseases caused by inhaling certain dusts. These include coal workers’ pneumoconiosis, which is associated with coal dust, and silicosis, which is caused by respirable crystalline silica.
Asbestosis is associated specifically with asbestos exposure and is addressed separately on our Asbestosis Claims page.
How much compensation might I receive?
There is no fixed payment for a pneumoconiosis claim. The value depends on factors including the severity of the disease, its effect on your life and work, your prognosis and any recoverable financial losses.
The Judicial College Guidelines contain general damages brackets covering lung diseases including pneumoconiosis and silicosis. The figures above provide guidance rather than guaranteed compensation amounts.
How long do I have to make a pneumoconiosis claim?
The usual limitation period for a personal injury claim in England and Wales is three years. With an occupational disease that develops gradually, the relevant period may run from a later date of knowledge rather than from the original workplace exposure.
The correct date can depend on the individual circumstances, so it is sensible to seek advice as soon as you become aware that your condition may be connected with your work.
Related Dust and Lung Disease Claims
Claims involving lung scarring caused by asbestos exposure, often after a long latency period.
Specialist information for claims involving mesothelioma caused by exposure to asbestos fibres.
Explore the wider range of occupational diseases affecting the lungs and respiratory system.
Guidance on compensation claims for illnesses caused or materially contributed to by workplace exposure.
Start Your Pneumoconiosis Claim Today
If you have been diagnosed with pneumoconiosis and believe exposure to harmful dust at work may have caused your condition, Tylers Solicitors can assess the circumstances and explain your options.
It does not matter if the exposure happened many years ago or the employer responsible is no longer trading. These factors can make a claim more complicated, but they do not necessarily mean that a claim cannot be investigated.
Eligible claims can be handled on a No Win No Fee basis, with the terms explained before you proceed.
Call us on 0800 699 0079, email us at info@tylerssolicitors.co.uk or fill in our online contact form to discuss your Pneumoconiosis Claim.