Maison Law helps anyone that’s suffered silicosis or other health issues as a result of exposure to silica dust particles. For many workers, the process of making quartz countertops has led to a drastic increase in cases of these lung diseases, so much so that it’s also led to an increase in lawsuits. To learn more about your legal options if you’re in this situation, contact us today for a free consultation.
Can I File a Lawsuit After Getting Silicosis From Quartz Countertop Cutting?
If you work in the making of quartz countertops, you’re unfortunately at-risk of developing several potential lung injuries and diseases, silicosis being chief among them. This is because silicosis is a lung disease that, according to the American Lung Association, develops from:
- Prolonged exposure to crystalline silica dust.
Not surprisingly, making quartz countertops brings with it significant exposure to this dust, which is a byproduct of cutting and other parts of the manufacturing process.
Legally speaking, your rights hinge on “product liability” laws. As it relates specifically to the cutting or making of quartz countertops, you’ll need to establish any of the following:
- Design defects – If the tools used for cutting quartz are poorly designed and fail to prevent dangerous silica dust exposure, the company or manufacturers may be responsible for resulting health issues.
- Manufacturing defects – If the equipment used in the fabrication is improperly manufactured, causing excessive silica dust or malfunctioning safety features, Lowe’s could be liable for any injuries, including silicosis.
- Failure to warn – If you weren’t given proper warnings about the dangers of silica dust exposure when cutting quartz, your employer or the product manufacturer may be responsible for any resulting health problems like silicosis.
At that point, you would have the right to file a lawsuit. But even before you reach that point, you need to know what evidence and information you’d need to support a potential claim.
How Can You Support a Lawsuit After Getting Silicosis?
Just being able to file a lawsuit after getting silicosis isn’t necessarily enough to recover the financial support that the law makes available to you. Rather, you have to take steps to show the extent of your losses. Generally, you can do this by gathering the following:
- Diagnosis – The starting point is showing that you’ve actually developed silicosis. You’ll need a confirmed diagnosis of silicosis from a doctor, showing it’s linked to silica exposure.
- Treatment records – Keep detailed records of all treatments and care to prove the severity of your condition.
- Workplace records – Collect documents showing your job tasks involving silica exposure, like cutting or polishing countertops.
- Safety reports – If possible, gather evidence of unsafe working conditions, such as lack of protective gear or safety violations. This will show that your employer was negligent.
- Coworker statements – Witness accounts from coworkers can confirm your exposure and the work environment.
- Expert testimony – Medical and safety experts can testify about how silica exposure caused your illness and whether your employer followed safety protocols.
If faulty equipment or safety gear played a role, you may have a claim against the manufacturers or suppliers too. Aside from that, these steps will strengthen your claim and help your case for damages from silicosis.
What Damages Can You Get in a Silicosis Lawsuit?
Filing a lawsuit in civil court for silicosis is a formal legal step to seek compensation for your losses. It allows you to pursue financial recovery for what you’ve experienced, similar to other injury claims.
Remember, you generally have two years from the time of exposure or diagnosis to file your claim. Once filed, you may be able to recover “damages” from the responsible parties, which can include:
- Medical expenses – These cover the cost of past, current, and future treatments for your illness.
- Lost wages – This provides financial consideration for wages you lost while recovering, or long-term support if silicosis prevents you from working again.
- Pain and suffering – This provides financial support for the physical pain and suffering you’ve gone through due to silicosis.
- Emotional distress – These damages provide financial support for mental health issues like anxiety or depression caused by your illness and the changes in your life.
- Reduced quality of life – These damages provide financial considerations for a negative impact to your quality of life or relationships because of the silicosis.
- Wrongful death expenses – In cases where your loved one dies from silicosis, your family may receive help with funeral costs, unpaid medical bills, and support for the loss of income and emotional care they aren’t able to provide.
While every case is different, these damages are generally available in every silicosis lawsuit. But remember, it’s all about putting together a strong case and meeting important deadlines, namely filing within two years of the date of the silicosis diagnosis.
Do I Need a Lawyer to File a Silicosis Lawsuit?
Silicosis and its associated health problems are extremely hard to live with, whether you develop it from quartz countertop manufacturing or any other way. And while you have legal options, you don’t technically need a lawyer to file a lawsuit.
At the same time, that’s not to say having our lawyers on your side won’t help you. In fact, when you want to take legal action, it’s definitely in your best interest to at least talk to our team of lawyers first. With our experience and resources, we can make sure you have what you need for a strong claim and can help you by:
- Explaining your options
- Gathering and compiling evidence
- Negotiating with insurance companies
- Supporting you throughout the lawsuit process
Companies and employers that expose workers or customers to silica dust should be held responsible for the serious health problems it causes. You have legal rights to protect you from this negligence, and our lawyers will be there to guide and support you.
Contact Maison Law For Help With a Silicosis Lawsuit
If you or a loved one has developed silicosis or another illness from silica dust exposure after making quartz countertops, our team of lung injury lawyers at Maison Law is here to help. We’ll guide you through the legal process and work to get you the support you need for yourself and your family. Contact us today for a free consultation to get the process started.
