A Practical Guide to Respirable Crystalline Silica Dust Claims

The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known, but also clear evidence that it is attributable to hundreds of deaths per year in the UK, to date, there has not been the level of litigation that may be suspected given the size of the problem. Recently the work of the HSE, the All Party Parliamentary Group on Respiratory Health, combined with increasing litigation in the USA and Australia has shone a light again on the problems caused by respiratory silica. With increasing publicity and awareness, for both individuals and medical professionals, there is forecast to be an increase in litigation. This book is a practical guide for both Claimant and Defendant lawyers involved in this litigation; covering all stages of the litigation process, including the historical knowledge of the problems caused by silica, injuries attributable to silica and how these claims can be brought. ABOUT THE AUTHOR Helen Pagett was called to the Bar by Inner Temple in 2008. She is a tenant at Crown Office Chambers and specialises in personal injury, disease, clinical negligence and inquests, including where there are fraud and fundamental dishonesty allegations. Her practice has rapidly progressed to dealing with complex and high-value claims. Before coming to the Bar, Helen read Natural Sciences at Durham University before being awarded a Wellcome Trust Studentship to complete an MA in History and Philosophy of Science and Medicine. She then converted to law at BPP Law School. She was appointed a Deputy District Judge in 2019 and sits on the South Eastern Circuit. CONTENTS Chapter One – Introduction Chapter Two – What Is Silica and Respirable Crystalline Silica? Chapter Three – a Brief History of the Awareness of the Risks Posed by Exposure to Respirable Crystalline Silica Chapter Four – Duty of Care and Statutory Duties Chapter Five – Breach of Duty of Care and Statutory Duties Chapter Six – Causation Chapter Seven – Damages Chapter Eight – Limitation Chapter Nine – Pre-Litigation Chapter Ten – Litigation