Maison Law helps victims of silicosis and other lung diseases that result from exposure to silica dust. For most victims, this exposure happened at work because their employer didn’t take the necessary steps to protect them. If you or someone you care about has developed silicosis in this situation, you have legal options–specifically through workers’ compensation–that our team can help you with. Contact us today for a free consultation to learn more.
What Workers’ Compensation Benefits Can You Get for Silicosis?
One of the main options you have when you develop silicosis because of exposure at work is filing a “workers’ compensation” claim. This is a type of insurance that covers work-related illnesses and injuries. When you file a workers’ comp claim, you can get:
- Medical expenses – This covers all your doctor visits, treatments, and medications related to silicosis.
- Temporary disability benefits – If you can’t work for a while due to the disease, you might get a portion of your pay to help out.
- Permanent disability – If silicosis causes lasting damage, you could receive financial support based on how much it affects your ability to work.
- Job retraining – If you can’t go back to your old job, they may help you find training for a new type of work.
Workers’ comp is available to you without needing to prove that your employer did something wrong. However, sometimes the benefits might not be enough to cover everything you need, especially if your condition is serious.
At that point, you might be able to file a lawsuit against your employer or others responsible for your exposure to silica, like the company that made the equipment or products you used at work. This can help you get extra financial support (known as “damages”) for things like lost income, pain and suffering, and medical expenses.
Is My Employer Liable For My Silicosis?
If you’ve developed silicosis, your employer could be held responsible because they are legally required to provide a safe working environment. In California, employers have a legal duty to protect you and your coworkers from harmful exposure to silica dust–even if everyone is aware of the potential risk. If they fail to do so, they could be liable for the resulting damage. Here’s a few ways that your employer could be negligent when it comes to silica dust exposure:
- Not enough safety measures – Employers are required to provide proper ventilation, protective gear, and training for handling silica dust. If they neglect these safety measures, they could be responsible for your exposure.
- Failure to warn you – Employers must inform workers about the dangers of silica dust and provide training on how to stay safe. If they fail to do so, they may be liable for your health problems.
- Not enough maintenance – If your employer doesn’t maintain equipment that produces silica dust, it can lead to increased exposure and unsafe working conditions.
- Violating regulations – Employers who violate safety standards, like those set by OSHA, can be held accountable if their negligence leads to workers developing silicosis.
If your employer’s failure to follow these rules caused your silicosis, they may be liable, giving you the right to file a claim for damages, either through workers’ comp or a lawsuit. However, it’s important to know how you can build a strong case.
What Should You Do If You Suspect Silica Dust Exposure?
Even though it’s pretty well-known by now that silica dust exposure can cause silicosis and other lung diseases, that doesn’t mean that your employer will do what they’re supposed to do when it comes to your safety. In fact, the reason many employers get in trouble is because they put the business ahead of the safety of you and your coworkers. This gives you certain options, but you also have to respond in the right way by taking the following steps:
- Keep records on your exposure – Keep detailed records of where and when you were exposed to silica dust at work, and note how long you were in those conditions. This will be crucial evidence if you need to prove your case later.
- Get diagnosed – If you think you’re showing signs of silicosis or other related conditions, see a doctor as soon as possible. A confirmed diagnosis, along with medical records and test results, will be key to your claim.
- Talk to medical and safety experts – Get support from medical or safety experts who can confirm that your illness is linked to your work conditions. Their testimony can be crucial in proving the connection between your workplace exposure and your health problems.
- Keep any evidence – Hold onto any protective gear, photos, or videos from your workplace that show unsafe conditions or improper safety measures. This physical evidence can help prove your exposure.
- Get statements – Talk to coworkers or supervisors who can back up your claims about the work environment and silica dust exposure. Their statements can support your case and show a pattern of unsafe conditions.
Taking these steps will help you build a strong case if you decide to file a claim. If your employer didn’t protect you from silica dust exposure, you have the right to file a claim, either through workers’ comp or a full on lawsuit. This process can not only hold them accountable but also provide you and your family with the financial support you need to manage your health and recovery.
Workers’ Compensation Support From Maison Law
When you develop silicosis at work, you have certain legal options. But at the same time, even though you can file a workers’ compensation claim, you don’t want silicosis or any other lung disease because of the work you do. At Maison Law, we understand what you’re going through and how it impacts not just your work life, but your home life as well. We can support you through the entire claims process. Contact us today for a free consultation to get started.
