Maison Law helps victims of silica dust exposure explore their legal rights in California. Over the last several years, this exposure has led to a large increase in silicosis and other health issues for numerous people. If you or someone you care about has experienced health issues, there may be certain legal options in place that our team can help you with. Contact us today for a free consultation to learn more.
What Legal Options Are There After Silica Dust Exposure?
According to data from the American Lung Association, over 2 million workers have been exposed to dangerous silica dust levels. Despite this fact, there’s currently no class action lawsuit that’s been filed to address this negligence.
But that doesn’t mean you don’t have legal options if you’re in this situation. Generally, you can either file a:
- Workers’ compensation claim
- Personal injury lawsuit
If you’re currently employed, filing a workers’ comp claim might be a good first step. However, keep in mind that the benefits from workers’ comp are often limited. So, if you’re dealing with silicosis and its related health issues, these benefits may not cover everything you need.
In that case, you can file a personal injury lawsuit against your employer or the company responsible for your exposure. This type of lawsuit allows you to seek “damages” relating to the exposure, like:
- Medical expenses and ongoing care
- Lost wages
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (if the illness was fatal)
It’s important to note that in California, you typically have two years from the date of diagnosis to file a lawsuit. But like any injury claim, a huge part of the process is figuring out who has to pay for these damages.
Who Pays For Damages in a Silica Dust Exposure Lawsuit?
Silica exposure and its health risks are generally covered under California’s product liability laws. Whether you’re exposed at home or, more commonly, at your job, silica dust is extremely dangerous.
But what actually gives you the ability to file a claim is “negligence.” In the context of silica dust exposure, this means establishing the following points:
- Duty of care – The responsible party (like your employer) is supposed to keep you safe, ensuring the workplace and equipment are as safe as possible.
- Breach of duty – If they fail to keep you safe, they’ve broken their responsibility.
- Causation – You must show that this failure directly caused your illness or injury.
- Damages – You need to prove you were harmed, often by providing medical records.
Once negligence is proven, you can file a personal injury claim. In silica dust exposure cases, several could be held responsible:
- Employers – They must provide a safe work environment. If poor safety measures or lack of proper equipment led to your exposure, they could be liable.
- Manufacturers – This includes equipment makers or subcontractors. If their products or actions contributed to unsafe conditions, they may share the responsibility.
- Property owners – If the exposure happened on someone else’s property, like a construction site, the property owner might be responsible if their negligence played a role.
- Government agencies – If the exposure occurred on government property or due to their oversight, they could also be liable.
Like any injury claim, figuring out who pays for your damages is a huge benchmark for you in silica dust exposure cases. But again, it can also be extremely difficult to nail down, given the circumstances. Our team of experienced California lung injury lawyers can help you with this and other parts of the process.
How Can You Strengthen Your Claim After Silica Dust Exposure?
Facing the health issues that come with prolonged silica dust exposure is obviously pretty difficult. But just having the right to file a claim isn’t enough to recover damages. You have to prove your case, and that means taking a few steps to strengthen your claim:
- Get a diagnosis – The first step is to actually show that you’ve been diagnosed with silicosis and some other lung disease. Get a clear diagnosis from your doctor that links your health issues to silica exposure.
- Keep records – Document everything related to your illness. This includes medical records from doctor visits, details of any lost wages, and a personal journal noting your daily struggles and how the illness affects your life.
- Document your working conditions – If you think the exposure happened at work, start collecting evidence of unsafe working conditions. Take photos of any dust or safety issues, collect statements from coworkers about the environment, and keep any reports related to silica exposure incidents.
- Preserve any evidence and equipment – Hold on to any physical evidence connected to your exposure. This includes keeping inadequate safety gear, collecting dust samples if possible, and maintaining records of equipment that may have caused the exposure.
By taking these steps, you go a long way for setting up the foundation of a potential lawsuit or claim. The stronger your evidence is, the more you can potentially recover in damages if you do decide to go through the legal process.
Contact Maison Law For Legal Help After Silica Dust Exposure
If you’re facing the challenges of silicosis, having a lawyer can be very helpful. At Maison Law, we can guide you through your legal options, collect important evidence, and handle the details of your lawsuit, so you can focus on your health and family.
Companies and employers should be held responsible for exposing people to harmful silica dust, and we’re dedicated to helping you get the justice and support you need to get better. Don’t wait–contact us today for a free consultation to talk about your legal options.
