A silicosis sufferer has won $2.4 million in damages and compensation in an Australian-first legal ruling for a tunneller with the disease.

The case is expected to set a precedent for construction workers exposed to deadly dust.

The NSW Dust Diseases Tribunal heard Craig Bennett, 53, will die of respiratory failure aged about 70 unless he receives a lung transplant, which would give him eight more years’ life expectancy. He will be 50% incapacitated for work at age 60.

Judge Andrew Scotting found the breach of duty by nine construction company defendants was “egregious”, saying it has been known since at least 1920 that exposure to large quantities of respirable crystalline silica (RCS) causes silicosis.

Mr Bennett worked in construction for 30 years and for most of the exposure period was given only a paper dust mask that provided little protection. The standard of ventilation in the tunnels varied but was mostly poor.  

Judge Scotting awarded Mr Bennett almost $1.54 million for loss of earning capacity, damages of $850,000 and $10,000 interest on damages, plus $11,000 for loss of expectation of life.  He said if Mr Bennett receives the transplant and lives to 78, his life will still be shortened by about 11 years.  

Mr Bennett sued the workers’ compensation nominal insurer representing two deregistered employers, McConnell Dowell Constructors, Transfield, Lendlease, John Holland, Thiess and CPB Contractors relating to dust exposure between 1993 and 2020.

They admitted liability and the case was about the amount of damages.

Judge Scotting said Mr Bennett could expect to be earning $350,000 as a supervisor if he did not have silicosis and progressive massive fibrosis.

He was entitled to damages for his psychological injury because it was a consequence of his physical injury.

Mr Bennett was represented by Maurice Blackburn Lawyers. The firm’s principal lawyer Jonathan Walsh says the decision will set a precedent for claims by other tunnellers.

“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,” Mr Walsh said.

Read the judgment here.