Compensation for Dust Diseases in Agriculture

Posted 26-04-2022
Written by admin 101
Category Compensation

Farmers and other agricultural workers who acquire dust diseases through their work can seek compensation, as the RMB Compensation division explains.

A “dust disease”, also known as “occupational lung disease”, is a lung illness which creates respiratory problems and may lead to death.

Such diseases develop as a result of exposure to and inhalation of elements such as asbestos dust and fibre, silica dust, gases, powders, vapour and fumes.

In the agricultural industry, the common gases, dusts, fibres and fumes an individual may be exposed to can include:

  • dust from hay, grain and silage, when harvesting or transporting the product;
  • asbestos dust and fibres, often found within older farm houses, barns, shearing sheds, contaminated vermiculite products and within asbestos-made tractor machinery and equipment; and
  • the inhalation of fumes from weed control products, pesticides and fuels.

The dust diseases which can be diagnosed in the agricultural industry include asbestosis, mesothelioma, silicosis, Farmer’s Lung, talcosis, byssinosis, aluminosis, berylliosis,  asbestos-induced carcinoma, asbestos-related pleural diseases (ARPD) and Hard Metal Pneumoconiosis.

When a farmer is diagnosed with one of these conditions, they are entitled to pursue a workers compensation claim via the Dust Disease Authority (pursuant to the Workers Compensation (Dust Diseases) Act) or the Dust Disease Tribunal.

These avenues involve varying claim processes, and the injured farmer can and should investigate a claim via both avenues concurrently.

The type of compensation available can include payments for: specialist appointments, hospital admissions and medication; income loss; domestic care services for cleaning, lawn and yard maintenance; and a lump sum payment for pain, suffering and reduced life expectancy.

RMB Lawyers advise seeking expert legal advice as soon as possible after receiving the diagnosis of an occupational lung disease, to maximise the chances of obtaining the benefits during the injured worker’s lifetime. Acting quickly in these claims also ensures the farmer’s family has access to the benefits without delay, guaranteeing less financial stress at an already emotional time.

RMB Lawyers conduct these claims on behalf of injured persons on a "no win – no fee" basis. This means that you do not pay for our time, effort and expertise unless you successfully bring a claim. If your claim is successful, the insurer will have to pay the majority of your legal fees and expenses.

If you have suffered from dust disease. Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.