Maison Law helps people with silicosis and other lung diseases caused by silica dust exposure across California, giving them valuable resources to help with their claims for damages. There’s various health issues that result from this exposure, including chronic obstructive pulmonary disease (COPD.) If you or a loved one has become sick or passed away due to COPD from silica exposure, our team can help. Contact us today for a free consultation to talk about your options.
Should You Get a Lawyer?
A COPD diagnosis and its associated issues is very difficult, but when it happens because a company wasn’t forthright–or otherwise simply failed to take your health and safety into account–it changes things. You aren’t required to get a lawyer to file a claim after experiencing COPD, but having our team can make the actual legal process much easier on you and your family.
With our experience and resources, we can help you by:
- Explaining the process and what your rights are
- Helping you put together evidence and figure out who’s at fault
- Negotiate with insurance companies and other lawyers
- Filing a lawsuit in civil court to help you recover damages
COPD is just one of the many different health issues you could be dealing with after exposure to silica dust. The more symptoms you have, the harder everything else becomes. This is why you should consider working with our team.
Who’s Liable When You Get Diagnosed With COPD From Silica Exposure?
One of the toughest things about a COPD diagnosis–as well as other health issues that come up from silica exposure–is that it can be rather difficult to pin down who exactly is responsible. Generally speaking, silica exposure can happen in a variety of different environments, but mostly happens through dust particles from certain materials like sand, stone, concrete, or quartz.
But at least legally, liability after a COPD diagnosis from silica exposure is the same as any other claim: establishing negligence. Even in cases of silica exposure, negligence has four elements:
- Duty of care – Employers and manufacturers have a legal responsibility to ensure that workers are not exposed to dangerous levels of silica dust, which can lead to serious health issues like COPD.
- Breach of duty – If an employer or manufacturer fails to protect workers from silica exposure, they have breached this duty.
- Injury from exposure – COPD or other respiratory illnesses can develop as a direct result of inhaling silica dust due to inadequate safety measures.
- Proving causation – You need to show that the employer’s or manufacturer’s failure to control silica exposure directly caused your COPD.
Once you’ve established that the company is liable, a major step in your claim is complete. However, companies may argue that they can’t foresee every potential health risk from silica exposure. While there is some truth to that, the law still requires them to take reasonable precautions to prevent harm.
Under California law, employers and manufacturers can be held responsible for COPD or other health issues that result from knowingly allowing unsafe levels of silica exposure. This responsibility goes to everybody in the supply chain, including:
- Employers
- Equipment or product manufacturers
- Distributors
- Sellers
- Construction companies
Obviously, every situation is different, so who’s liable for your COPD or other issues is going to depend on the circumstances. What’s important for you to think about, though, is your legal options and what you need to do to protect your claim.
How Can You Strengthen Your Claim After Silica Exposure?
While you have legal options if you’re diagnosed with COPD after silica exposure, it’s ultimately up to you to do what you can to put together the strongest claim possible. This means doing certain things to show how the situation has impacted you, as well as getting important information. Here’s what you can do:
- Get a diagnosis – Make sure you have a clear diagnosis of COPD from your doctor or a qualified medical specialist. The diagnosis should explicitly link your condition to silica exposure. This is generally the starting point.
- Provide medical records – make sure to keep copies of all your relevant medical records, especially test results (like lung function tests), and any treatment you’ve received. These documents will show the severity of your COPD.
- Show work history – If you think your exposure happened at work, document your work history, especially jobs where you were exposed to silica dust. Make sure to include job descriptions, dates of employment, and details about the specific materials you worked with.
- Get statements from coworkers – You can also get statements from coworkers or supervisors who can confirm your exposure to silica dust and the conditions in which you worked.
- Provide safety reports – If possible, gather any workplace safety reports or records of safety violations related to silica exposure. We can also help you with getting these reports.
While COPD and silica exposure is a pretty unique situation, your legal options still hinge on the evidence and records you can provide. When you boil it down, the situation amounts to an injury, which means you can recover damages in a claim.
What Damages Can You Get in an Injury Claim After Developing COPD?
When you want to file a claim for COPD caused by silica exposure, there’s a couple different ways you can go about it–just like any other injury situation. Mainly, you can either file an insurance claim out of court or a personal injury lawsuit. The main goal is to recover various types of “damages,” like:
- Medical expenses and ongoing care needs
- Lost income from missed work or a loss of earning potential if you can’t work
- Costs related to your pain, suffering, and emotional distress
- Reduced quality of life or harm to your personal relationships
- Wrongful death expenses, if a loved one died from COPD
These damages are designed to provide financial relief and support as you cope with the impact of COPD caused by silica exposure. Remember, in California you only have two years from the date of the diagnosis to file the claim. Miss this deadline, and you can’t recover damages at all.
How Does Silica Exposure Cause COPD?
As you might expect, every day brings challenges when you have COPD. This makes anything that causes it unfortunate, but especially exposure to silica dust through no fault of your own. That said, it’s important to look at how this can happen, step-by-step. Information from the American Lung Association lays this out:
- Exposure – When you inhale tiny particles of silica dust, which can be found in places like construction sites or mines, particles can get deep into your lungs.
- Lung irritation – Once inside your lungs, these silica particles cause irritation and inflammation. Your body tries to get rid of them, but this effort can end up damaging your lung tissue.
- Forming scar tissue – The ongoing inflammation leads to the buildup of scar tissue in the lungs, a condition called “pulmonary fibrosis.” This scarring makes it harder for your lungs to work properly, restricting airflow.
- Development of COPD – Over time, the inflammation and scarring can lead to COPD, which causes narrowed airways and damaged lung air sacs, making it difficult to breathe, and can lead to chronic cough and lower oxygen levels.
- Ongoing damage – As long as you’re exposed to silica, the damage to your lungs keeps getting worse. Even after exposure stops, the damage might continue, leading to severe breathing problems and a decline in quality of life.
When you face issues from COPD, it makes everything more difficult–even literally breathing. On top of everything else, the legal process can be overwhelming. Our team has the experience and resources to help you build a strong claim. If you think your health issues might be linked to silica exposure, it’s important to act quickly by reaching out to us for help.
Contact Maison Law After a COPD Diagnosis From Silica Exposure
Facing health problems like COPD due to silica exposure can be challenging. At Maison Law, we understand the impact these issues have on you and your family. We believe that companies responsible for exposing you to harmful substances should be held accountable. We’ll explain your options and stand by your side throughout the claims process. Contact us today for a free consultation.
