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Silicosis Lawsuits – California Lung Injury Lawyer

At Maison Law, we offer representation to victims of silicosis and other lung diseases after they have been exposed to silica dust in the workplace.

We assist clients in the San Fernando Valley and throughout California, providing them with useful resources as they move forward with a claim to recover necessary damages.

If you have fallen ill or lost a loved one due to silicosis or another related lung disease, contact us today for a free consultation.

What is Silicosis and Its Symptoms?

Every year, occupational exposure incidents occur in the workplace due to workers becoming exposed to harmful and hazardous materials. When workers are exposed to silica dust while working on stone products made of granite, quartz, marble, and engineered stone, they could experience what is known as ‘silicosis.’ Silica is classified as a human carcinogen when it is inhaled and causes damage to the lungs.

Silicosis, lung cancer, tuberculosis, and scleroderma affect many workers who are exposed to silica dust in the workplace every year throughout California and beyond. There are actually 3 different severities related to silicosis, which are diagnosed in victims each year:

Chronic Silicosis

This type of silicosis is most commonly diagnosed, as it is caused by exposure that happens at low or moderate levels throughout several years. After being exposed to silica dust for 10-30 years, an individual will develop symptoms and generally be diagnosed.

Accelerated Silicosis

This type of diagnosis typically occurs when somebody has been exposed to large levels of silica dust in just a short period of time. The symptoms and lung scarring than result tend to occur more quickly, leading to serious complications.

Acute Silicosis

This type of silicosis is most commonly diagnosed, as it is caused by exposure that happens at low or moderate levels throughout several years. After being exposed to silica dust for 10-30 years, an individual will develop symptoms and

Many individuals will seek medical attention when they notice that they are experiencing a cough or shortness of breath. According to the American Lung Association, symptoms of silicosis on various levels include the following:

  • Progressive shortness of breath
  • Bronchitis-like cough and difficulty breathing
  • Weakness and fatigue
  • Night sweats
  • Swelling of the legs
  • Bluish discoloration to the lips

Silicosis is not always easy to diagnose, as there is not one specific test for this disease.

 After your doctor has determined how long you have been exposed to silica dust, they could perform various imaging tests, lung function tests, a surgical lung biopsy, and more to help them determine if silicosis is the cause of your symptoms.

Because silicosis does not have a cure and some patients will require a lung transplant, it is crucial that you seek medical attention as soon as possible if you believe you have been exposed.

What Other Diseases Are Caused by Silica Exposure?

When a worker is exposed to silica and believes that they have silicosis, there is an increased risk of the worker experiencing other diseases and conditions as well. These include some of the following:

  • Tuberculosis, a life-threatening infection that is contagious to others
  • Lung cancer
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Kidney disease
  • Other related autoimmune diseases

Medical monitoring of patients with any of these suspected diseases can help limit the progression of the disease before it has the chance to significantly worsen.

Who Can File a Silicosis Lawsuit and How is it Done?

If you are a stone fabricator who has worked with natural and engineered countertops in recent years, you may suspect that you have silicosis or have been diagnosed with this life-altering disease. You may be eligible to file a personal injury lawsuit if you or a loved one endured the following:

  • Exposed to silica dust in the workplace
  • Developed an illness related to exposure to silica dust

Manufacturers, suppliers, and employers are supposed to create the safest workplace possibly for employees. If you have been exposed to levels of silica dust that could be deemed unsafe and made you seriously ill, you have rights and options. Because California has a statute of limitations of two years from the time that you discover an injury or illness, you want to get started on your claim immediately for the best results.

Should I File a Workers’ Compensation Claim?

You may be entitled to workers’ compensation benefits under California’s benefits system. However, you should know that workers’ comp benefits are limited, which means that you may not receive necessary reimbursement for all of your medical expenses and other related damages. In the future, if your symptoms worsen, you may find that your benefits do not cover everything, leaving you in a difficult financial position

Speaking with a California silicosis lung injury lawyer can ensure that you receive the financial support that you are entitled to along the way as you endure this devastating illness. Speaking with a knowledgeable attorney who has handled these cases previously can ensure that you never miss out on any financial benefits and opportunities. It can also lower the stress you may be feeling associated with your claim as you focus on healing.

What "Damages" are Available in My Silicosis Lawsuit?

Many individuals who have fallen ill due to silicosis and other lung diseases in the workplace wonder how much compensation they could receive for their damages. Though there is no set number relating to what you can receive, there are certain damages that you may be entitled to. These include some of the following:

  • Medical expenses you have incurred and those you may incur in the future
  • Medical equipment and rehabilitation
  • Lost wages and future loss of income due to missing time at work
  • Pain and suffering/Chronic physical pain caused by silicosis
  • Loss of enjoyment of life
  • Wrongful death benefits if a life has been taken due to silicosis

In most cases, workers’ compensation benefits only cover economic damages. If you file a personal injury claim with the help of an attorney, they can make sure that all benefits are accounted for so that you do not miss out on any opportunities along the way.

Frequently Asked Questions

Though there are laws that prevent 1099 contractors from pursuing workers’ comp claims in California, you may still have options for bringing a personal injury lawsuit. An independent contractor may still be eligible for damages for economic and non-economic losses that occurred in the workplace.

Even if you are not an American citizen, you may still have options if you file a silicosis lawsuit. No matter what, manufacturers and employers owe you a safe workplace. It is crucial that you reach out to an attorney immediately for options moving forward with a claim.

Yes. The Occupational Safety and Health Administration (OSHA) states that workers should be protected from overexposure to respirable silica in the workplace. They should not be exposed to more than 50 micrograms per cubic meter of air in an 8-hour workday.

Contact Us Today about your Silicosis Injury:

When a manufacturer or employer has acted negligently and caused harm to those working with silica countertop products, they should be held fully liable for the harm that results. At Maison Law, we are committed to assisting individuals who have suffered medical bills, lost income from missed work, and more due to their injuries and illnesses.

All potential clients who speak with a California lung injury lawyer will be provided with a free and confidential consultation with no out-of-pocket costs needed. With years of experience handling these claims and a proven track record, we will ensure that your rights are protected from start to finish in your claim. Contact us today for more information on how to get started.

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