A gap in the law must be closed for victims of silica-induced health conditions caused by engineered stone, a Newcastle lawyer says.
Liam Kelly, of Maurice Blackburn Lawyers, said many victims of the stone scandal suffer from autoimmune conditions.
Silicosis, an incurable lung disease, is the most common condition linked to the silica dust produced when engineered stone is cut and drilled.
Mr Kelly cites the case of Joel Browne, who receives treatment at John Hunter Hospital.
Mr Browne, 43, travels from his Port Macquarie home to Newcastle regularly for medical appointments.
The former stonemason, who has three children, suffers from advanced silicosis and progressive massive fibrosis.
He said these conditions were "bad enough", but he also had to live with rheumatoid arthritis - an autoimmune condition.
"It is completely debilitating. It affects every aspect of my everyday life," he said.
Mr Kelly said the law firm was finding "more and more of these affected guys have autoimmune conditions".
"The tricky bit is the way the law treats them"
Last year, the NSW Workers Compensation (Dust Diseases) Act was amended to cover "systemic sclerosis", which Maurice Blackburn says includes "silica-related autoimmune conditions".
This meant affected workers could access benefits, such as a weekly pension and medical expenses, for these conditions.
However, the same amendment was not applied to the NSW Dust Diseases Tribunal Act.
This meant workers "cannot pursue common law damages for their autoimmune conditions", a Maurice Blackburn statement said.
Through the tribunal, workers with dust-related conditions can "claim significant common law damages, including damages for pain and suffering".
These damages include "unrestricted economic loss and medical and out-of-pocket expenses".
Mr Kelly said rheumatoid arthritis was "still treated as a normal workplace injury, which is totally inappropriate".
"That's the gap in the law. It needs to be amended," Mr Kelly said.
"If we can treat the autoimmune conditions like silicosis, it streamlines the process for these poor guys."
Mr Browne worked as a stonemason for 21 years.
He said the law was "completely outdated".
"It has to be amended immediately. We are not all elderly men with mesothelioma that the law was written for.
"We are young men with young families who rely heavily on us."
In a submission to a NSW parliamentary inquiry in 2019, University of Newcastle respiratory physician Susan Miles highlighted health conditions that silica exposure caused.
Dr Miles stated that these included "autoimmune and rheumatologic conditions like rheumatoid arthritis", along with COPD, lung cancer and scleroderma.
Mr Miller said tradesmen who worked on kitchen and bathroom benchtops made with engineered stone were exposed to "toxic" dust.
He said these benchtops were used in new housing developments, high rises and big hotels for example.
Mr Browne had "done a lot of work in Sydney, Newcastle and Port Macquarie".
"He's really not well now. It's terribly sad what's happened to him," Mr Kelly said.
Last week, the NSW government announced a ban on the "use, supply and manufacture of engineered stone" from July next year.
NSW Minister for Work Health and Safety, Sophie Cotsis, was among politicians to announce the ban.
Asked for comment on the gap in the law, the minister's spokesperson said: "The Department of Communities and Justice is actively considering potential amendments" to the Dust Diseases Tribunal Act.
These would include adding "systemic sclerosis".
Do you know more? dcronshaw@newcastleherald.com.au
