Weightmans Disease-i
03 September 2010
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Silicosis




Historical perspective
The earliest recorded reference to the effects of dust can be found in Pliny’s Natural History (1st Century A.D.) – where he mentioned the use of bladders worn as respirators by metal refiners to avoid the inhalation of dust.

A description of the medical condition
In simple terms, silicosis is defined as a respiratory disease caused by the inhalation of silicosis dust which leads to the inflammation and scarring of lung tissue.

Medical causation issues
The overwhelming majority of ‘silicosis’ cases you will encounter will be of sufficient potential to merit allocation to the multi-track.

Date of knowledge
There is no accepted universal date by which all employers can be said to have known of the risks arising from the use of or exposure to silica dust.

Regulations and breach of duty
Dependent upon the nature of the work undertaken by the Defendants and the dates of employment/exposure, a multitude of different Regulations and Statutes could have applicability.

Limitation
Due to the relative complexity of establishing a firm diagnosis of silicosis and its close interplay with constitutional, environmental conditions such as emphysema and bronchitis, arguments of ‘constructive’ knowledge are rarely likely to succeed.

Quantum
Recent judicial guidance in relation to awards for silicosis are sparse, but Chapter 5 of the 8th Edition of the JSB Guidelines, ‘Injuries to Internal Organs – (B) Lung Disease’ gives some indication as to the appropriate award for lung diseases such as silicosis.

Apportionment and contributions
Silicosis is considered to be a dose related condition/disease. As such, this must be treated in the same way as occupational deafness or vibration white finger.
Contact
For more information about disease-i please get in touch with Lorna White.



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