Employees who work around silica dust are supposed to be protected from harm at every corner. Because silicosis is a very real and catastrophic lung disease, manufacturers and employers must work together to ensure that individuals are kept safe.
At Maison Law, we understand how devastating and overwhelming it can be to face any type of illness or injury that occurs in the workplace. Your workplace is supposed to be a safe place for you and other workers, which is why you may have legal protections if you were affected by silicosis. Contact a skilled California Silicosis Injury Lawyer for a no-obligation consultation that is free to you and your family.
How Manufacturer’s Liability is Determined
Under manufacturer’s liability laws, a manufacturer or seller of a product can be held liable for the harm that their product has caused to others. Manufacturers can actually be held liable for the harm that their product causes a consumer who purchased it or an employee who worked with the item. This type of liability is determined in the following ways:
- Negligence: When a manufacturer has failed to exercise the reasonable duty of care to prevent defects in their product or give warnings if the product can cause harm, they have acted negligently.
- Breach of Warranty: A breach of warranty occurs when a manufacturer does not fulfill their promise to ensure the proper quality of a product they have distributed.
- Strict Liability: A manufacturer can be held liable for a product even in cases where negligence cannot be shown. If the product caused harm, this is enough to bring a claim in cases of strict liability.
At every stage of the manufacturing cycle, leading manufacturers of countertops and products containing silica must be aware of the potential dangers in their products.
Qualifying for a Claim Against a Manufacturer of Silica Products
If you and your physician believe that you have been experiencing symptoms related to silicosis and may have obtained the lung disease in the workplace, you may have options moving forward with a claim. However, to pursue a claim against a manufacturer or another party, you will have to show the following:
- You work or previously worked in an industry involving silica dust or silica-related products
- You sustained overexposure to silica dust
- You developed a condition linked to overexposure due to adverse workplace standards
On top of this, you will have to abide by a strict statute of limitations when you file a claim against a leading manufacturer. If you fail to meet these filing deadlines, you could miss out on important financial opportunities. In California, you have two years from the time that you discovered your condition to file a claim before you are barred from doing so. It is crucial that you act quickly regarding your claim against a manufacturer or an employer. As many individuals begin bringing claims with the looming existence of silicosis, more claims are brought forward and see success each year.
Common Damages in Litigation for Silicosis
As silicosis is a lifelong disease that progresses and causes issues in many workers, the damages that stem from a claim against a manufacturer can be extensive. These include some of the following:
- Mounting medical-related expenses that you have incurred and will incur in the future
- Decreased quality of life/Pain and suffering damages
- Lost income and future lost income due to missing time at work
- Severe emotional distress
- Rehabilitation and medical equipment costs
Though the amount of damages that you will receive cannot be accurately measured with just a meeting between you and your lawyer, you will be able to find out more information about what damages you could qualify for. Having an estimation of your damages and an answer to questions regarding a silicosis claim can help you find comfort during these stressful times.
Contact a California Lung Injury Lawyer Today
If you believe that a manufacturer has caused a dangerous situation involving silica countertops and other related products and you have obtained silicosis or another lung disease, you have options. You can seek help in paying your medical bills even if you aren’t a U.S. Citizen. California labor laws still protect you.
At Maison Law, we are prepared to fight on your behalf against leading manufacturers of silica products and employers who may have caused you harm. Our California Silicosis Injury Lawyers offer you a free and completely confidential case consultation and a proven track record for results. Please do not hesitate to contact us today for more information on how we can assist you with your claim.
