Maison Law helps anyone that’s suffered health issues from silica dust exposure in California. There’s many different ways you could be exposed to this dangerous substance, but it’s most common with the making of stone or quartz countertops. Even though this is an unfortunate byproduct of the manufacturing process, you still could have legal options that our team can help you with. Contact us today for a free consultation to learn more.
Can You File a Lawsuit After Crystalline Silica Dust Exposure?
Crystalline silica dust exposure from working in stone fabrication shops can lead to serious health issues, whether you realize it or not. Legally speaking, if you’ve developed silicosis or any other lung-related illness, you are usually able to file a lawsuit.
But everything depends on your situation. If your health issues are more serious, it’s likely that you’ll need all the help you can get–especially with the legal process. Maison Law can guide and support you by:
- Explaining your legal rights
- Helping you collect necessary evidence, such as records and documentation
- Negotiating with employers or companies responsible for the exposure
- Helping you in filing a lawsuit
Companies and employers that expose workers or customers to silica dust should be held accountable for the resulting health problems, which can be severe. But every situation is different. That’s why it’s important to look at all of your options.
How Does Crystalline Silica Exposure Happen in the Stone Fabrication Process?
It’s actually not all that surprising that crystalline silica dust exposure is so common in the stone fabrication process. After all, exposure can happen at virtually every step of the fabrication process. Information from the Occupational Safety and Health Administration (OSHA) lays this out. Basically, exposure happens when working with various materials that are integral to the manufacturing process. Specifically, though, exposure happens when workers are repeatedly:
- Cutting
- Grinding
- Sanding
- Drilling
- Polishing
These activities generate fine silica dust, which are then inhaled if not properly controlled. Dust can also be stirred up during cleaning or material handling. Exposure is especially dangerous in poorly ventilated areas or when workers aren’t using protective equipment like respirators. Over time, inhaling this dust can lead to serious health issues.
Why is Crystalline Silica Dust Exposure So Challenging?
Whether it happens in stone fabrication or simply handling these materials, crystalline silica dust leads to various issues. First and foremost, it’s going to impact your health by causing serious lung issues, among other health problems. But there are other challenges associated with exposure, like:
- Being hard to detect – The particles are extremely fine and often invisible to the naked eye, making them difficult to detect and control.
- Easily airborne – Because the dust is so fine, it can easily become airborne and remain suspended in the air for long periods, increasing the risk of inhalation.
- Long-term health problems – Inhaling crystalline silica dust can cause serious and sometimes fatal lung diseases like silicosis, lung cancer, and chronic obstructive pulmonary disease (COPD).
- Irreversible damage – The damage caused by silica dust is often irreversible, with no cure for conditions like silicosis, making prevention critical.
Obviously, this is a very damaging situation. No matter what health issues result, there’s a legal process in place designed to help you.
What Are Your Legal Options With Crystalline Silica Exposure?
When dealing with crystalline silica exposure in stone fabrication shops, your legal options generally remain the same as with other workplace injuries. If you’ve been harmed due to someone else’s negligence, you have the right to file an injury claim in civil court to get financial support for your damages.
However, when workers’ compensation is involved, the process can become more complex. While this doesn’t change your right to pursue an injury claim, it’s helpful to break down the steps:
- Workers’ compensation claim – A workers’ compensation claim functions similarly to an insurance claim. You file the claim, and if approved, the insurance company either provides a lump-sum settlement or ongoing benefits. Since most employers are required to carry workers’ compensation insurance, this should be available to you. This claim can cover medical bills, lost wages, and disability benefits, ensuring that you receive financial support during your recovery.
- Filing a lawsuit – If the benefits from workers’ compensation aren’t enough, or if you face retaliation from your employer after filing a claim, you may need to file a lawsuit. This can help you recover additional damages and hold employers and other negligent companies accountable.
Whether through workers’ compensation or a lawsuit, you may be able to recover various damages, such as:
- Lost wages
- Loss of future earnings if you’re temporarily or permanently disabled
- Medical expenses, including ongoing care
- Financial support for emotional distress
- Pain and suffering
Workplace injuries, including those caused by silica exposure, can happen for many reasons. It’s crucial to understand your legal options to address these injuries effectively, whether through workers’ compensation or a lawsuit. Remember, you typically have two years from the date of exposure or diagnosis to file your claim.
Free Consultations For Crystalline Silica Exposure Victims
Facing health challenges like lung disease or cancer due to crystalline silica exposure can be overwhelming. At Maison Law, we understand the serious impact this exposure has had on you and your family. We firmly believe that companies responsible for unsafe working conditions should be held accountable. Our team is here to explain your legal options and stand up for your rights throughout the claims process. Contact us today to set up a free consultation to talk about your options.
