Maison Law represents anyone that’s been harmed by exposure to silica dust, especially silicosis and other lung diseases in California. For many people, this exposure happened at work–particularly in the making of stone or quartz countertops or other construction materials that resulted in repeated interaction with this dust. If you or someone you care about has suffered silicosis or other adverse health conditions, we can help. Contact us today for a free consultation
Why Should You Get a Lawyer After Silica Exposure?
Silica dust exposure can lead to serious health problems, often without you realizing it until it’s too late. Living with these health issues can be incredibly challenging. Even though awareness is growing, the laws are still catching up, leaving you with important legal options to consider. If you’ve been harmed by silica dust, you might be wondering whether you need a lawyer.
If your health issues are serious (which is common with silicosis and other lung problems,) having a lawyer can make a big difference. Our team at Maison Law can help you by:
- Giving you an understanding of your options
- Gathering and compiling your medical records and other evidence
- Guiding you through workers’ comp or other insurance claims
- Filing a lawsuit, if you decide to take full legal action
Companies and employers that expose workers and customers to silica dust should be held accountable for the serious health issues that result. While you have certain legal protections against this negligence, having our lawyers on your side can make sure you get the justice and financial support you need to move forward with your life.
Who’s Liable For Silica Exposure?
Generally, silica exposure–and the associated health risks–falls under the legal scope of product liability. Silica dust is incredibly dangerous, whether you’re exposed to it in your own home or at work (which is far more common.)
But, a huge aspect of your potential legal options involves figuring out who’s ultimately responsible (or liable) for this exposure. To do this, you must prove negligence, which involves four key elements:
- Duty of care – The responsible party has to keep you safe. For example, your employer must make sure your workplace conditions and equipment is as safe as possible.
- Breach of duty – If they didn’t keep you safe, they broke their responsibility.
- Causation – You need to prove that their failure caused your injury or illness.
- Damages – You must show that you were harmed, like by providing your medical records.
Once you’re able to establish negligence, you can file a personal injury claim. In cases of silica exposure, several parties might be responsible:
- Employers – They should provide a safe work environment. If unsafe conditions, poor safety measures, or lack of equipment led to your exposure, they could be liable.
- Manufacturers – This includes subcontractors, equipment manufacturers, or other companies who may have contributed to the conditions. If their actions or lack of action played a role, they could be considered partially responsible. This might include companies involved in producing countertops and related products, such as Caesarstone USA, Cambria Company, Colorquartz USA, Cosentino Group, DuPont, and Silestone.
- Property owners – If your exposure happened on someone else’s property, like a construction site, the property owner could be held responsible if their negligence contributed to it.
- Government agencies – Sometimes, government agencies might be liable, especially if the exposure occurred on their property or due to their oversight.
Just like any claim, figuring out who’s ultimately responsible is very important to your options moving forward. It tells you who you’ll file your claim against, but more importantly, it tells you who has to pay for your damages.
What Damages Can You Get in a Silica Exposure Lawsuit?
Silica exposure is a fairly clear example of negligence, which gives you certain legal options. The main legal protection you have against this negligence is the ability to file an injury claim for damages. At that point, it’s just like a car accident or slip-and-fall claim in that you either file an insurance claim or lawsuit against the responsible companies to recover “damages.”
This differs from case to case, but generally, it includes the following:
- Medical expenses – These cover costs related to doctor visits, hospital stays, medications, and other necessary medical treatments due to silica exposure.
- Lost wages – This category covers any income you lose because you were unable to work due to health issues caused by silica exposure.
- Pain and suffering – These damages are for the emotional and physical pain you go through as a result of injuries from silica exposure.
- Reduced quality of life – These damages are costs relating to your reduced quality of life or loss of companionship resulting from health issues.
- Punitive damages – These may be given to punish the responsible party for serious wrongdoing and to prevent them from acting this way again. While rare, they can apply in serious cases of intentional negligence.
A big part of any injury claim, including for silica exposure, is filing it within California’s two-year deadline from the date you are diagnosed. Our main goal is to help you through the claims process, allowing you to focus on getting better.
Silica Exposure Victims Can Count on Maison Law
When you or someone you care about has suffered silicosis or any other health issue related to silica exposure, it’s incredibly painful and frustrating. While it can be overwhelming, you can count on our team of lung injury lawyers at Maison Law. We’ll guide you through the process and make sure you get the damages you need to make things easier for you and your family. Contact us today for a free consultation.
