‘Australian first’ sees lupus case linked to silica

Toxic silica dust particles are already linked to deadly lung illnesses, but this new decision has now linked other immune diseases, like lupus. Pic: UNSPLASH

By Gabriella Payne

An employee who claims to have developed lupus after being exposed to toxic silica dust for years in her work at the Lang Lang silica milling factory has been granted compensation by Worksafe insurers in what lawyers believe could be an “Australian first” decision, paving the way for other sufferers to receive compensation.

Diane Adams is one of seven workers from the Dandenong and Lang Lang silica milling factories who claim to have developed autoimmune diseases from the toxic dust.

Being referred to by some as ‘the new asbestos’, silica dust exposure is already known to cause permanent lung damage including respiratory diseases such as silicosis, but Shine Lawyers have now been able to successfully link silica dust exposure to a number of autoimmune diseases including lupus, rheumatoid arthritis and scleroderma, in a landmark decision.

Crystalline silica is a mineral often found in sand, stone, concrete and mortar and when workers cut, crush, polish, drill or grind products containing silica, dust particles form in the air that can then be inhaled by workers and get lodged deep in the lungs, leading to illness and disease.

Ms Adams worked at the Lang Lang silica milling factory for nearly 20 years where lawyers say she sustained “substantial exposure” to silica dust over the years.

In 2009, she was diagnosed with lupus, an inflammatory disease that causes the body’s immune system to attack its own tissues and can impact the heart, lungs and brain.

A year later, Ms Adams was also diagnosed with silicosis.

This landmark decision comes as a welcome relief to Ms Adams, who has been trying for years to receive compensation after her initial claims were rejected.

Another former employee of the Lang Lang silica milling factory, Kevin Weekes, is one of the seven workers also suffering from silicosis after working at the factory for almost 28 years.

Mr Weekes is taking legal action against his former employer claiming they were negligent by failing to provide a safe workplace at their Lang Lang and Dandenong factories.

In a previous interview with the Gazette, Mr Weekes said that workers were never warned about the risks of the toxic silica dust.

“You could always see the silica dust in the air but we weren’t warned about the health risks despite that being something all workers needed to know,” he said.

After this recent landmark decision in the case of Ms Adams, there is hope that the door will now be opened for more compensation to be given to those affected.

Worksafe Victoria banned the dry cutting of engineered stone in 2019 in the hopes of preventing workers from developing silicosis in the future.

In that same year, the Victorian Government established free health screenings for past and present workers in the Victorian stonemason industry, as these workers were at a high risk of developing silicosis.

Since the beginning of the screenings in 2019, 129 workers have been diagnosed with silica related diseases, and as the program is still running, the State Government is urging all stonemason workers to come forward and get screened.

Ingrid Stitt, the Minister for Workplace Safety said that while the Government is working towards preventing silica dust related illnesses in the future, it was important to get checked as it could be life saving.

“A diagnosis of silicosis or associated illness can have a devastating impact on workers and their families,” Ms Stitt said.

“Our free health assessments mean those diagnosed with this deadly disease get the treatment they need as soon as possible.

“I encourage all past and present stonemasons who haven’t yet registered for a free health assessment to do so as soon as possible – it could save your life,” she said.