Silicosis and dust disease claims · Queensland
Silicosis and dust disease claims in Queensland — for stonemasons, miners and construction workers whose lungs were damaged by silica dust or other occupational dust exposure.
Silicosis and dust disease claims in Queensland sit within the Workers Compensation and Rehabilitation Act. Statutory benefits under WorkCover begin from the date of diagnosis. Where employer negligence can be established, a separate common-law action runs in parallel.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- 6 monthsLodge your WorkCover application
- 20 business daysWorkCover decides
For a dust-related condition such as silicosis, there is no time limit for starting a damages claim in Queensland. The WorkCover time limits above still apply.
All 4 time limits, and when each startsTwo claims, one team
WorkCover supports your recovery. We investigate any damages claim early.
Accepted statutory claims pay benefits during recovery. We investigate any employer or third-party negligence claim alongside them.
Statutory
WorkCover claim
No fault to prove.
- Weekly payments while you can’t work
- Medical, hospital and rehabilitation costs
- A lump sum if you’re left with a permanent impairment
Lodge within 6 months. The insurer aims to decide within 20 business days.
Common law
Damages claim
Negligence has to be shown.
- Pain and suffering, on Queensland’s injury scale
- Past and future lost earnings and super
- Care, future treatment and out-of-pocket costs
Notice of Claim for Damages, a compulsory conference, and court if needed.
How it happened
Most silicosis and dust disease claims in Queensland trace to four workplace failures.
Silicosis can take 10-30 years to appear after first exposure. These examples illustrate the types of claims we run for Queensland dust disease workers.
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Engineered Stone Stonemason
A 38-year-old Gold Coast benchtop fabricator is diagnosed with accelerated silicosis after 12 years cutting engineered stone without adequate RPE. His employer failed to implement the silica dust controls mandated under the Work Health and Safety Regulation. We lodged a WorkCover statutory claim for weekly benefits and medical expenses, then ran a parallel common-law action for pain and suffering, lost earning capacity and future care. Engineered stone was banned in Queensland on 1 July 2024 but affected workers retain full rights to claim.
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Tunnelling and Civil Construction Worker
A 52-year-old tunnelling driller develops chronic silicosis after 20 years of uncontrolled silica dust exposure across multiple Queensland civil projects. The latent nature of the disease delayed diagnosis by over a decade. A worker in this position can claim WorkCover statutory benefits for treatment, rehabilitation and weekly income, and may have a common-law claim against the parties responsible for dust control over his career.
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Mining and Quarrying Dust Disease
A Queensland mining worker is diagnosed with pneumoconiosis after 18 years of underground work. His employer had failed to conduct mandatory dust monitoring. A claim like this can run on two tracks: WorkCover statutory benefits and a common-law negligence claim against the mine operator, with specialist respiratory evidence to establish the exposure link.
Straight after the injury
Four things to do straight away.
Report it
Tell your employer, and make sure it’s written in the register of injuries.
See a doctor
Ask for a work capacity certificate. You need one to lodge your WorkCover claim.
Lodge within 6 months
Your WorkCover application, from when your entitlement arises.
Keep records
Photos of the site and injury, witness names, pay slips and receipts.
Time limits
The time limits that decide what you can claim.
Miss the first one and the WorkCover claim can be refused.
- 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
- 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
- 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
- 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
For a dust-related condition such as silicosis, there is no time limit for starting a damages claim in Queensland. The WorkCover time limits above still apply.
What you can claim
Two claims cover different losses.
What WorkCover pays
- Weekly payments while you can’t work
- Medical, hospital and pharmacy costs
- Rehabilitation and return-to-work support
- Travel for treatment
- A lump sum for permanent impairment
- Death benefits for dependants
What a damages claim covers
- Pain, suffering and loss of enjoyment of life
- Past and future loss of earnings
- Lost superannuation
- Paid care and assistance
- Future treatment and out-of-pocket costs
- Interest on past losses
Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.
How we run your claims
Five steps. Both claims. One team.
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Step 1
No-obligation first consultation
We check whether one or both claims apply, and what each is likely to cover. -
Step 2
WorkCover application
Lodged with your medical certificate, well inside the 6 months. -
Step 3
Damages case built early
Site evidence, witnesses, engineering and medical reports, while WorkCover runs. -
Step 4
Notice of Assessment
We compare the lump sum with your damages claim before you choose. -
Step 5
Conference, then court if needed
Many claims resolve at the compulsory conference. If not, court proceedings start.
Costs
What it costs you.
No win, no fee* on damages claims
If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays for each claim are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).
Questions
Straight answers to the questions you have right now.
Yes. In Queensland there is no limitation period for a common-law claim arising from a dust-related condition such as silicosis — the usual time bar does not apply, so a diagnosis years after you stopped working with stone does not prevent a claim. You should still take advice immediately on diagnosis, because medical and workplace evidence is easier to secure early and the WorkCover statutory process has its own steps.
No. Compliance with the minimum regulatory standard does not necessarily discharge the common-law duty of care. If the science showed the standard was inadequate, an employer who simply met the minimum may still be liable. We assess this on the specific facts.
Yes. Where multiple employers contributed to your exposure, each may bear proportionate liability. We identify all responsible parties and pursue each of them. You are not limited to claiming against your last employer.
No. Queensland has no minimum degree of permanent impairment for a common-law claim. Because silicosis is a progressive disease, timing the election matters. We advise you before the Notice of Assessment is issued so you understand your options.
WorkCover claims for ongoing treatment and income support begin quickly after acceptance. The common-law component depends on how your condition stabilises. Accelerated silicosis cases can move faster given the prognosis. We give you a realistic timeline once we have your medical records.
Yes. The Queensland ban on engineered stone took effect on 1 July 2024, but it does not extinguish existing claims. If you worked with engineered stone products and have been diagnosed with silicosis, you retain full rights to both a WorkCover statutory claim and a common-law negligence action. There is no limitation period in Queensland for a dust-related condition claim, so early advice is about securing evidence and starting treatment support, not beating a deadline.
Guides that go further.
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Guide
Silicosis Compensation in Queensland: Can You Sue, and What Is It Worth?
Silicosis compensation in Queensland: WorkCover lump sums, suing one or more past employers, what affects the amount, and the time limits that still apply.
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Time limits
Time Limits for Workers’ Compensation Claims in Queensland
General workplace injury deadlines and late-claim guidance. For silicosis or another dust disease, start with the dedicated silicosis compensation guide in this section for the rules on dust disease damages and separate WorkCover requirements.
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WorkCover
What to do when you’ve been injured at work?
General steps for reporting an injury, gathering medical evidence and claiming WorkCover. For silicosis or another dust disease, use the dedicated silicosis compensation guide in this section before applying this article’s general deadlines.
Hurt at work?
Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.
General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.