Maison Law helps victims of silicosis and other serious lung ailments after exposure to silica dust. Silicosis brings incredibly difficult health problems, and exposure can happen in a variety of different environments, but is especially prominent in several California workplaces. That’s why the state legislature has proposed Assembly Bill 3043. To learn more about your legal options after silica exposure, contact us today for a free consultation.
Do You Need a Lawyer After Being Exposed to Silica Dust?
Whether you’re aware of it or not, silica dust exposure can quickly lead to numerous health problems. This, obviously, makes living your life very difficult. And even with increased awareness, lawmakers are still catching up to the issue. So, while there are legal options available to you, you might be wondering if you need a lawyer if you’ve been harmed by this exposure.
The answer depends on your needs. The more serious your health issues are, the more our team at Maison Law can help you by:
- Explaining your rights
- Helping you gather evidence and information, especially records and documentation
- Negotiating with employers or companies that made products that contained silica dust
- Helping you file a lawsuit
Any company or employer that exposes its customers and workers to silica dust should ultimately be held responsible for any resulting health problems, many of which are pretty serious. That’s the main reason AB 3043 was introduced, but it can still be helpful for you or anyone else that’s been exposed to take a deeper look at the bill itself.
What is Assembly Bill (AB) 3043?
When it was first introduced in February of 2024, Assembly Bill 3043 (known as The Silicosis Prevention Act), AB 3043 had the stated purpose of protecting workers in the manufacturing industry, specifically those that worked in the making of stone and quartz fabrication and countertops. Over the years, numerous workers have been exposed to silica dust in the making of these products, many of whom developed silicosis, which is a fatal lung disease.
These workers were exposed through various steps in the manufacturing process, including:
- Cutting
- Drilling
- Grinding
- Polishing
As of July 2024, the bill is on hold, but as it made its way through the State Assembly, it wanted to create several key initiatives relating to silicosis:
- Requiring the state to create a public website listing all fabrication shops in the state.
- Tracking if these shops are following new state rules.
- Setting of a statewide standard that bans dry cutting of manufactured stones.
- Creating a licensing system for fabrication shops.
- Requiring workers to complete silica safety training.
Manufacturing is perhaps the most common way people are exposed to such dire health issues. Despite being on hold, AB 3043 and other legal mechanisms certainly increases the awareness of silicosis and the dangers with exposure to silica dust.
What Legal Options Do You Have After a Silicosis Diagnosis?
Legally, you still have options if you’ve suffered health issues related to silica exposure. You basically have one of two options:
- Filing a workers’ compensation claim
- Filing a personal injury lawsuit
A workers’ comp claim is a great option if you’re currently employed, but it’s important to remember that the benefits available to you with this insurance are limited. So, for example, if you’re currently suffering from silicosis and all of its associated health issues, these benefits probably won’t cover all of your needs.
At that point, you can either file a personal injury lawsuit against your employer or the company that’s responsible for your exposure. This will allow you to make a claim for damages relating to the exposure, which will cover things like your:
- Medical expenses and ongoing care needs
- Lost wages
- Pain and suffering
- Emotional distress
- Reduced quality of life
Remember, there’s generally a two-year deadline to file a lawsuit in California. This means that you’ll likely have two years from the date of diagnosis to file. But more importantly, you have to put together a strong claim to get the most out of these potential damages.
How Can You Strengthen a Claim For Silicosis?
Because it’s effectively an injury claim, silicosis or health issues from exposure is going to require certain steps to take to strengthen a potential claim:
- Document your exposure – Keep detailed records of when, where, and how long you were exposed to silica dust at work.
- Get a diagnosis – Make sure you have a clear diagnosis from a doctor that confirms you have silicosis, along with medical records and test results.
- Consult with experts – Consider getting support from medical or safety experts who can confirm the link between your work and your illness.
- Save any evidence you have – Hold onto any protective gear you used, pictures or videos of your work environment, and anything else that proves your exposure.
- Gather witness statements – Ask coworkers or supervisors to provide statements about the working conditions and your exposure to silica dust
By doing these things, you can improve your chances of a successful silicosis claim, regardless of other factors. That said, make sure to reach out to our experienced team of silicosis lawyers for help and guidance.
Experienced California Silicosis Lawyers
If you’ve been exposed to silica dust at work and think you might have a lung disease or have already been diagnosed, you have options. At Maison Law, our team of experienced California silicosis and lung injury lawyers are here to help you explore your legal choices and protect your rights from the beginning of your case. Don’t wait too long–the clock may already be ticking on your claim. Contact us today for a free consultation.
