Maison Law represents victims that have been subjected to prolonged silica dust exposure in California, which can lead to silicosis and other serious lung issues. In recent years, increased awareness of this exposure and its associated health risks has led to lawsuits, many of which involve the manufacture of stone countertops. If you or someone you care about is in this situation, our team can help. Contact us today for a free consultation.
Should You Get a Lawyer?
Whenever you find yourself facing silicosis, it’s pretty daunting. Your primary focus should always be your health, but you can’t forget about the legal process–especially if your issues are linked to your job.
You’re not required to get a lawyer to file a claim, but given the potential hardships you face, having our team on your side can really help. Our experienced lung injury lawyers can:
- Guide you through the claims process
- Explaining your options and rights
- Help you gather evidence and information
- Connect you with medical professionals and other experts to bolster your case
Remember, everything depends on the circumstances. So, it’s important that you focus on the specifics and what needs to be done if you have a claim. The starting point there is figuring out liability.
How Does Silicosis Develop From the Making of Countertops?
Even though it takes a while to develop, silicosis carries serious health implications. This is especially true for those that work for companies or contractors that make countertops using stone or other minerals.
Generally, silicosis develops with prolonged exposure through:
- Cutting – When stone or quartz slabs are cut to size, large amounts of fine silica dust are released into the air.
- Drilling – Drilling holes into the slabs for fixtures or fittings generates further dust particles.
- Grinding – Grinding the surface of the stone to make the desired shape or finish also creates a significant amount of dust.
- Polishing – Even during polishing, when the surface is smoothed for a glossy finish, workers are exposed to lingering silica dust particles.
Obviously, these actions are present in virtually every work situation. With that said, what gives you–and others–legal options is when your employer or some other company doesn’t take the necessary steps to protect you.
Is My Employer Liable For My Silicosis?
Even if you’re aware of the potential dangers of silica exposure, a safe work environment isn’t just an expectation–it’s the law in California. This means your employer has to take certain steps to at least attempt to maintain a safe environment, but this doesn’t always happen. While this amounts to negligence, and thus makes them liable for any injury or illness that results, it happens in very specific ways:
- Not maintaining safety – Employers must guarantee proper safety measures like ventilation, protective gear, and silica dust training. If they don’t, they could be held responsible for any harm.
- Failure to warn – Employers need to inform you and other workers about the dangers of silica dust and how to stay safe. If they don’t, they may be liable for any health issues that occur.
- Poor equipment maintenance – Employers must keep silica-producing equipment or protective equipment in good condition. If it’s not maintained properly and exposes you to unsafe dust levels, it creates dangerous working conditions.
- Violating regulations – Employers who break safety laws, like standards set by OSHA and Cal/OSHA, can be held responsible for any health problems caused by silica dust exposure.
If your employer’s failures led to you developing silicosis, they may be legally liable, and you have the right to file a claim to recover financial support for your losses.
What Damages Are Available in a Potential Silicosis Lawsuit?
Developing silicosis or any other health issues relating to silica dust exposure is far from ideal, but when it happens because your employer or someone else was negligent, it does give you the option to file a lawsuit, among other actions. Generally though, there’s two things you can do:
- File a workers’ compensation claim
- File a personal injury lawsuit
A workers’ comp claim is a common starting point if you’re still employed, but it’s important to note that the benefits available through this insurance are usually extremely limited in the face of your needs for silicosis. While it will cover your initial medical expenses or lost income, you’re likely going to need more help.
In situations like this, you might consider filing a personal injury lawsuit against your employer or another company responsible for your exposure to silica dust. Through this lawsuit, you can seek damages that are more extensive, like:
- Medical expenses – This includes both past medical bills and future care costs related to managing silicosis or other lung conditions.
- Lost wages – This covers the income you’ve lost due to your inability to work or reduced work capacity.
- Pain and suffering – This accounts for the physical pain and discomfort caused by the disease.
- Emotional distress – This covers the psychological toll of dealing with a debilitating illness.
- Reduced quality of life – If silicosis has severely impacted your ability to enjoy life or perform everyday activities, you can recover support for this reduced quality of life.
If silicosis causes your death or you lose a loved one to the disease, you may be able to claim wrongful death expenses, such as funeral and burial costs. In California, you typically have two years from your diagnosis to file a personal injury lawsuit. To improve your chances of receiving these damages, it’s important to gather strong evidence and get legal help from our team.
Contact Maison Law After a Silicosis Diagnosis
When you or someone you care about develops silicosis because of your work making countertops, it’s important to know that you can rely on our team at Maison Law for support and guidance. Our experienced lawyers will make sure you understand the claims process and will be there for you from start to finish. Contact us today for a free consultation and take the first step in protecting your health and rights.
