Occupational causes of lung cancer and your rights to compensation

In summary:

While smoking is a well-known cause of lung cancer, workplace exposure to hazardous substances such as asbestos dust, silica dust, and welding fumes can also contribute to the disease. Understanding a person's work history and exposure to these substances is an important step in identifying whether their lung cancer may be work-related.

Even if you have retired, previously smoked, or your former employer is no longer operating, you may still have a right to compensation. Seeking advice early can help you understand your options and access the support and entitlements available to you.

Lung cancer can have a devastating impact on a person's health, quality of life and ability to work. While smoking is a well-known risk factor, many people are unaware that workplace exposure to hazardous substances can also contribute to the development of lung cancer.

Health practitioners can play an important role in identifying potential occupational causes of lung cancer by discussing a patient's work history and exposure to dusts, chemicals and fumes. Understanding these exposures can help people access the support and compensation they may be entitled to.

What is lung cancer?

Lung cancer is a malignant tumour that develops in the tissue of one or both lungs. A tumour may be found in the bronchi or in the spongy lung tissue. Lung cancer remains one of the leading causes of cancer-related deaths in Australia and can significantly affect a person's quality of life.

Research suggests that a substantial proportion of lung cancer cases may be linked to hazardous occupational exposures.

What are common occupational causes of lung cancer?

Asbestos dust

Asbestos is a natural mineral fibre that was widely used in building products and heat-resistant materials in Australia until the mid-1980s. It was used extensively in homes and commercial buildings, including in bathrooms, kitchens, eaves and wall cladding.

Workers who may have been exposed to asbestos dust and fibres include:

builders
carpenters
plumbers
electricians
sheet metal workers
mechanics
dock workers
asbestos insulation workers
firefighters

Silica dust

Silica dust is created when materials containing crystalline silica are cut, drilled, crushed or ground. The particles are extremely small and often invisible to the naked eye.

Crystalline silica is found in:

engineered stone
natural stone
sand
concrete
mortar
bricks
tiles
some plastics

Workers may be exposed to silica dust in industries such as:

stonemasonry
mining
excavation
construction and demolition
quarrying
tunnelling
abrasive blasting
brick, concrete, or stone cutting

Welding fumes

Welding fumes contain a complex mixture of metal particles and gases that can pose serious health risks when inhaled over time. Workers commonly at risk of welding fume exposure include:

welders
boilermakers
fitters
fabrication workers

Maurice Blackburn has created the National Welding Fumes Exposure Register in partnership with the Australian Manufacturing Workers' Union. Workers who have been exposed to welding fumes can record their information on the register. If they later develop a disease associated with welding fume exposure, this information may assist in supporting a compensation claim.

Get support

If you or someone you know has been exposed to asbestos or silica dust or has been diagnosed with an asbestos or silica-related condition, please contact us on 1800 111 222.

Frequently asked questions about lung cancer compensation

Yes. If workplace exposure to dust, chemicals, or fumes contributed to the development of your lung cancer, you may still be entitled to compensation, even if you have a history of smoking.

In many cases, yes. If your employer held a valid workers' compensation insurance policy during the period of employment when the exposure occurred, a claim may still be possible. In some states and territories, a statutory authority may also step in where an employer was uninsured, helping ensure workers can still access compensation.

Even if you are retired, you may still have entitlements. While lost wages are generally not available once a person has retired, compensation may still be available for:

medical and treatment expenses
care and assistance needs
pain and suffering damages (where available)
other statutory benefits, depending on your circumstances and location

Learn more about our work in workplace disease compensation

Our dedicated workplace disease lawyers have significant experience in helping clients get compensation for occupational diseases caused by asbestos, silica, dust exposure and more. Contact us today and find out how we can help you.

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In summary:

What is lung cancer?