Landmark $2.4m win in first Australian court decision for tunnel worker diagnosed with silicosis

3 December 2025 

The case of Craig Bennett, which was run by Maurice Blackburn Lawyers, was heard by the NSW Dust Diseases Tribunal in September and October this year.

In a decision published this week, the tribunal awarded Mr Bennett at least $2.4 million in compensation, including almost $1.6 million for loss of earning capacity.

The amount awarded also included general damages at $860,000 including interest – which is the highest general damages award ever in Australia for a dust-related injury.

The total damages amount will increase – given the amount that Mr Bennett will need for care into the future is still to be determined.

Maurice Blackburn principal lawyer Jonathan Walsh said:

“This ruling is the first of its kind in Australia for a tunneller with silicosis.

“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.

“Silicosis is wholly preventable and this judgment sends a clear message that worker safety must come first.

“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.

“I want to acknowledge Craig’s courage in taking on this case and making sure employers are held accountable for the harm caused to workers by silica exposure.

“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.”