A tunnel worker’s battle with deadly silicosis culminates in a landmark $2.4 million verdict, setting a new Australian precedent as judges condemn major contracting firms for egregious lapses in shielding workers from dangerous airborne hazards.
In a decision issued by the Dust Diseases Tribunal, 53-year-old Craig Bennett received $860,000 in general damages—the highest ever awarded in Australia for a dust-related injury—along with $1.54 million for the loss of earning capacity.
This case marks the first time a road tunnel worker diagnosed with silicosis has taken legal action, and its implications could ripple through Australia’s vast tunnelling industry, where thousands are employed on major infrastructure projects. Projections suggest one in ten workers in this sector may develop the incurable lung disease.
Judge Andrew Scotting found that Bennett, who suffers from silicosis and progressive massive fibrosis, would be unable to work by age 65 and would likely face respiratory failure by 70 without a lung transplant.
Diagnosed in 2020 after 27 years in the tunnelling field, Bennett contributed to several of the nation’s flagship infrastructure ventures, including Sydney’s NorthConnex twin tunnels, WestConnex and the Eastern Distributor, and Melbourne’s EastLink project.
Defendants in the case included some of Australia’s largest contracting companies, such as CPB Contractors, Lendlease, John Holland, and Thiess.
Judge Scotting criticized the defendants’ failure to protect workers from airborne hazards, rejecting the argument that Bennett’s illness arose from personal negligence. He wrote that the defendants either knew or ought to have known that exposing Bennett to large quantities of respirable crystalline silica put him at serious risk of illness and death, and that several high-priority safety measures could have been implemented.
“The overwhelming cause of the plaintiff’s condition was the egregious breaches of duty committed by each of the plaintiff’s employers,” Scotting stated.
The case has drawn renewed attention to health risks faced by tradespeople working with engineered stone. A 2023 investigation by The Herald, The Age, and 60 Minutes exposed significant hazards, contributing to bans on manufactured stone benchtops, panels, and slabs with at least 1% silica content.
Curtin University research published in 2022 projects that up to 103,000 Australians could develop silicosis from workplace dust exposure.
Bennett declined to speak publicly, but he previously told The Herald that doctors informed him his advanced silicosis would force him to leave well-paid tunnelling work. He described a painful moment of realization, tearful in his doctor’s office, unsure how to tell his 12-year-old daughter about the diagnosis.
At the time of the hearing, Bennett was still working in Brisbane on the Cross River Rail Project. He testified that for much of his career he received minimal protective equipment and limited information about the dangers of drilling through rock with high silica content, noting that many exposures occurred while wearing only a paper face mask, which offered little protection.
Maurice Blackburn principal lawyer Jonathan Walsh, who represented Bennett, hailed the verdict as a precedent-setting decision and a bellwether for workers seeking fair compensation. He argued that the ruling rejects the notion that modern respiratory equipment alone can solve the problem and warns that significant safety upgrades are needed across the industry.
“The technology to prevent these diseases already exists—it’s a question of will and enforcement,” Walsh commented. He added that this ruling could pave the way for numerous other claims from tunnelling workers diagnosed with silicosis.
Representatives for the contracting firms have been contacted for comment.
Would this verdict spark broader reforms in workplace safety across Australia’s infrastructure sector, or will it simply become another landmark case amid ongoing debates about responsibility and cost? Share your thoughts in the comments.
