Maison Law represents victims that have developed silicosis and other lung ailments from silica dust exposure at work in California. Whether this exposure happened at your job or in some other situation, you may have legal options. Our team can guide you through these options from start to finish. Contact us today for a free consultation.
Can I Sue My Employer If I’ve Developed Silicosis?
According to statistics from the Centers for Disease Control (CDC), it’s estimated that millions of workers have been exposed to silica dust across a variety of different workplaces. This, obviously, is a pretty serious issue, leading to silicosis and a variety of other harmful lung diseases. But when it happens at work, it means your employer may be responsible for the damage. This is because as a worker in California, you have the legal right to a safe workplace.
When this doesn’t happen, you and your other coworkers are at extreme risk of developing silicosis and other lung issues. But at the same time, your particular options are going to depend on the specifics. So, here’s a few ways how your employer could be negligent when it comes to silica dust exposure:
- Not providing safety measures – Employers must follow safety rules like providing proper ventilation, protective gear, and training for handling silica dust. If they don’t, they could be held responsible.
- Not warning you – Employers need to inform workers about the dangers of silica dust and how to stay safe. If they don’t warn or train workers properly, they could be liable.
- Inadequate maintenance – Employers must keep equipment that produces silica dust in good condition to reduce exposure. Failing to do so can create unsafe working conditions.
- Violating regulations – If employers break safety laws, like OSHA standards, leading to silica dust exposure, they can be held accountable for any health issues that result.
If these failures caused your silicosis, your employer could be liable. This gives you certain legal protections, including the right to file an injury claim.
What Legal Action Can You Take Against Your Employer?
Dealing with silicosis caused by silica dust exposure at work is frustrating. Not only does it mean you’re facing health challenges, but you’re also likely not going to be able to be as productive at work. This, in turn, means a loss of income and potentially other benefits. Whether your job involves high-risk conditions or not, there’s always a chance of developing this illness. If you do, it’s crucial to explore your legal options, which generally come down to two main choices:
- Workers’ compensation claim – This is like an insurance claim where you seek benefits for your illness. Workers’ comp can cover medical bills, lost wages, and ongoing care. However, the compensation might not always cover everything you need.
- Filing a lawsuit – When your workers’ comp benefits eventually run out, you can file a personal injury lawsuit against your employer and anyone else that’s responsible for the exposure, like product or equipment makers. This is a much more formal process, and requires a lot more time and effort from you. However, it also means that you can recover significant financial support for your “damages”, like:
- Lost wages
- Reduced earning potential
- Medical expenses
- Emotional distress
- Pain and suffering
- Reduced quality of life
- Wrongful death expenses (if your silicosis is fatal)
- Punitive damages, in cases of intentional negligence
In California, you have two years from the date of diagnosis to file a lawsuit, so it’s important to act quickly. Our team can guide you through both the workers’ comp process and the lawsuit to make sure you have a successful claim. But you also have to take certain steps to protect your claim.
How Can You Protect a Silicosis Claim?
Once you decide to file a claim against your employer for exposing you to silicosis and other diseases, it’s then your responsibility to put together the strongest claim you can. This means you need to do certain things that both show how you’ve been negatively impacted and protect your claim as a whole:
- Prove your exposure – Keep detailed records of when and where you were exposed to silica dust, and for how long.
- Get a confirmed diagnosis – You’ll need a confirmed diagnosis of silicosis from a doctor, along with medical records and test results to support your claim.
- Talk to experts – We’ll help you get support from medical or safety experts who can verify the connection between your work conditions and your illness.
- Keep track of evidence – Save any protective gear, photos, or videos of your workplace that can demonstrate your exposure.
- Get testimony from witnesses – Ask coworkers or supervisors to provide statements about your work environment and silica dust exposure.
It’s incredibly unfortunate when you have to suffer the ill effects of silicosis and other lung diseases because your employer didn’t protect you the way they’re required to. But at the same time, the claims process gives you the opportunity to not just hold them accountable, but to recover much needed financial support that allows you and your family to begin healing. That’s why these steps are so important.
Contact Maison Law After Silica Exposure at Work
Your job provides for your family and contributes to your employer’s success, but it also comes with health risks, especially when it involves exposure to harmful substances like silica dust. If you’ve developed silicosis or another lung disease due to your work environment, Maison Law is here to help. Our experienced lawyers can guide you through the legal process to make sure you get a fair settlement or verdict. Contact us today for a free consultation and take the first step toward protecting your health and rights.