Silica dust is found in stones, rocks, gravel, and even clay products such as bricks, tiles, concrete, and plastic materials. When any of these materials are worked on, silica dust can make its way into the lungs of workers, putting them at risk for serious lung diseases such as the following:
- Lung cancer
- Silicosis, or an irreversible lung condition that scars the lungs
- Kidney disease
- Chronic obstructive pulmonary disease (COPD)
At Maison Law, we understand how overwhelming it can be to discover that you have a lung injury or disease caused by silica dust in the workplace. You may wonder what options and resources you have as it pertains to bringing a personal injury claim against an employer or another party. Contact a California Silicosis Injury Lawyer today to find out what legal rights you have as you move forward with a claim.
Understanding Workers’ Compensation Benefits vs. Personal Injury Lawsuits
Workers’ compensation benefits and personal injury lawsuits are different in many ways including who is eligible to file these claims and what damages are available. In order for you to be eligible for workers’ comp in California, you have to be classified as an “employee,” though some contractors are permitted depending on the circumstances of their employment.
In most cases in California, you could be excluded from bringing a personal injury lawsuit against your employer because you are eligible for workers’ comp. However, employers are supposed to keep their workers safe at any cost, which includes protecting them from silica-related illnesses.
Because employers are aware of these risks and are supposed to follow regulations regarding safety around silica products, they can sometimes be held liable in a personal injury claim. If you believe that the employer’s acts were intentional or grossly negligent, it is possible that you still have a claim.
Bringing a Lawsuit After Sustaining Silica Dust Lung Injuries
Aside from gaining damages from your employer in a potential lawsuit, you also have the option to bring forth a lawsuit against third parties. These include manufacturers of silica products and manufacturers of safety equipment in the workplace that failed to protect you. Many workers understand that silicosis and other lung injuries are incurable and will follow them for life, which means that they should act quickly to retain their legal rights when these illnesses become prevalent.
Speaking with a personal injury lawyer who has handled workplace injury claims previously can ensure that you understand all of your options moving forward. You do not want to miss out on any financial opportunities, which is why you should never delay.
Can I receive compensation if I develop Silicosis at work but I’m not a U.S. citizen?
Yes. A personal injury claim may still be able to be filed, even if you are not a US Citizen.
Contact a California Lung Injury Lawyer
If you believe you are entitled to damages after sustaining a lung injury in the workplace, you should speak with a California Silicosis Injury Lawyer immediately. Our attorneys at Maison Law will compassionately stand by your side and provide you with the knowledge and resources necessary to move forward with a claim against an employer or manufacturer. You deserve protection in the workplace. Please contact us today for a free and confidential case consultation.
