An NSW tunneller who developed silicosis after years of working on major infrastructure projects has won at least $2.4 million in damages, in what lawyers describe as a precedent-setting victory for the nation’s tunnelling industry.
The NSW Dust Disease Tribunal has handed down a landmark compensation award to a tunnel worker who developed silicosis after decades spent constructing some of the state’s largest infrastructure projects.
Court evidence revealed the devastating toll of the disease, which has forced Bennett out of the workforce, drastically shortened his life expectancy, and will ultimately require a double lung transplant.
Bennett spent almost 30 years moving between tunnelling projects in NSW, Queensland, and Victoria, typically working 12-hour shifts in dense clouds of dust generated by tunnel boring machines, road headers, drilling and blasting, and concrete spraying.
He described dust hanging “constantly” in the air throughout his work, revealing that for most of his career, the only protective equipment he was given was a simple paper mask.
Handed down this week, the tribunal’s ruling awarded him over $2.4 million in compensation, with nearly $1.6 million recognising the income he will never be able to earn.
The tribunal also awarded $860,000 in general damages, including interest – an amount Maurice Blackburn Lawyers, which spearheaded the case, said is the “highest general damages awarded ever in Australia” for a dust-related injury.
Presiding Justice Scotting highlighted the severe and ongoing impact of Bennett’s career as a tunnel worker, both physically and psychologically.
The judge noted that Bennett has “struggled psychologically with his diagnosis and its potential impact on his mortality” and accepted that his “respiratory condition will deteriorate to the extent that he will approach respiratory failure at age 70”, causing years of “pain and suffering” over the next 16 to 17 years.
Maurice Blackburn principal lawyer Jonathan Walsh welcomed the outcome, describing it as a precedent-setting moment for workers who have been exposed to silica in similar conditions.
“This ruling is the first of its kind in Australia for a tunneller with silicosis,” Walsh said.
“This decision will set a precedent for the claims of other tunnellers who were exposed to deadly silica dust through their work building our nation’s roads.”
Walsh described the judgment as a “wake-up call” for the industry, emphasising that silicosis is entirely preventable and that employers must put worker safety above all else.
“Silicosis is wholly preventable, and this judgment sends a clear message that worker safety must come first,” Walsh said.
“This is a wake-up call for the industry, highlighting the responsibility of employers to ensure appropriate dust control systems. Simply providing respiratory protective equipment for workers is nowhere near enough.”
However, Bennett’s case is far from isolated. Walsh cautioned that Australia could be on the brink of a growing wave of silicosis diagnoses, making this ruling just the beginning as more workers come forward with similar claims.
“It’s expected that many more workers will be diagnosed with silica-related diseases in the coming months and years. This case is just the beginning of what could be hundreds of cases before our courts,” he said.
