Silicosis Lawsuit Attorneys

Silicosis is a serious lung disease that is caused by breathing in silica dust over extended periods of time. Workers may be exposed to silica dust if they are grinding, drilling, or crushing any types of materials that contain silica. This includes engineered stone, quartz countertops, tile, and numerous other construction materials.

Exposure to silica dust is unfortunately very common. According to an estimate by the American Lung Association, “Approximately 2.3 million U.S. workers are exposed to silica in the workplace, including 2 million in construction and 300,000 in other industries.” There has been an alarming number of people diagnosed with silicosis over the last five years alone. If you’ve been exposed to silica dust and have developed silicosis, you may have legal recourse. Our team of experienced silicosis injury attorneys at GLK Law is here to help you. We can let you know if you have an actionable claim. You can reach out to us anytime at 800-529-9997.

Who is Most at Risk of Developing Silicosis?

Workers in certain industries are more likely to be exposed to silica-containing materials. But the silica itself is typically not harmful if it is not disturbed in any way. The risk of silicosis occurs when the silica inside of those products is disturbed in some ways. This includes instances where the material is cut. Any workers who are exposed to silica dust in poorly ventilated indoor spaces are particularly at risk. What follows is a list of workers who are at the greatest risk of developing silicosis.

• Workers who engage in installing or fabricating stone countertops
• Workers who have to cut or handle quartz or engineered stone
• Workers in the construction industry who cut or grind concrete, brick, or tile
• Workers who have to use sandblasters
• Workers who engage in rock crushing or otherwise perform their job duties in a mine or quarry
• Workers who are responsible for cleaning silica dust

There is no cure for silicosis. But it can be prevented with the proper safety techniques. OSHA requires that employers take certain measures to protect against silica dust exposure. According to OSHA safety rule 1910.1053(c), “The employer shall ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 μg/m3, calculated as an 8-hour TWA.” Any type of work that creates silica dust should either be performed outside or in an area with adequate ventilation. Workers should also be provided with adequate respiratory masks and personal protective equipment (PPE).

How Silica Dust Can Cause Lung Damage

Silica dust particles can be dangerous because they are extremely small. When a person inhales air that contains the dust, it can become trapped within their lung tissue. Over time, this can cause major inflammation and scarring that results in reduced oxygen function. There are many different serious health consequences associated with prolonged exposure to silica dust.

• Lung scarring
• Breathing difficulty
• Respiratory infections
• Increased fatigue
• Lung transplants in severe cases
• Wrongful death
• Cancer

It is important for any worker who has been exposed to silica dust over a period of time to consult with their doctor if they are developing respiratory symptoms. Unfortunately, silicosis cannot be cured. But it can be treated, and symptoms can be managed. It is extremely important that victims are not further exposed to silica dust after they’ve already become sick.

Liability for Silica Dust Exposure

Depending on how a person was exposed to silica dust, there could be several liable parties. This includes employers in New York. Pursuant to New York Labor Law § 200, employers have a legal obligation to ensure workplaces “shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.” There are also many different sources of third-party liability for silica dust exposure.

• Manufacturer: The companies that manufacture engineered stone, quartz countertops, or other products that contain silica dust could potentially be liable through a product liability claim.
• Contractors: Contractors or subcontractors could also face responsibility if they created an unsafe environment that allowed silica dust to accumulate in an enclosed space.
• Equipment Manufacturers: A company that manufactured the equipment used to cut products that produce silica dust could face liability if their dust-control systems were somehow inadequate.
• Safety Consultants: Any person or entity responsible for exposure control at a property could face liability if they did not address key safety issues with silica dust exposure.

When evaluating whether or not one or another could face liability for a worker developing silicosis, it matters whether or not safety procedures were being followed. It has been understood for a long time that exposure to silica dust is a major hazard. The harm is highly foreseeable in many different situations. But this has not prevented many companies from choosing to ignore safety procedures. In the end, it is workers and their families who have to live with the consequences of unsafe work environments.

Compensation Available After a Silicosis Lawsuit

Silicosis can be extremely disruptive to every single part of life. Among other things, an injured worker may lose their ability to keep their job. They may also require ongoing medical care. In severe cases, this may necessitate a lung transplant or daily exogenous oxygen. People who develop silicosis may be entitled to numerous forms of compensation.

• Victims may be able to pursue damages for all of their past and future medical expenses.
• Victims may be able to pursue damages for any lost wages that they incurred.
• Victims may be able to pursue damages if their illness resulted in a reduced earning capacity.
• Victims may be able to pursue compensation if they need any type of home care or health support.
• Victims may be able to pursue compensation if their illness causes them to forgo some part of their life they enjoyed.

The value of any specific case can vary a great deal, depending on the severity of a person’s disease. Courts will also take into consideration all of the medical care and additional treatment that a person will need over the course of their life. Identifying all liable parties is an important aspect of maximizing the compensation that a worker receives if they’ve been diagnosed with silicosis.

The Benefits of Hiring an Attorney After Developing Silicosis

It could be hard to know where to begin after being diagnosed with silicosis. Many workers are never able to return to their previous profession. There can also be a great deal of stress and anxiety created by figuring out how all of the related medical treatment is going to be covered. There are tremendous benefits associated with hiring an experienced personal injury attorney if you’ve developed silicosis after prolonged exposure to silica dust.

• An attorney can help determine how the silica dust exposure occurred.
• An attorney can help identify all sources of liability for your injury so that you’re able to receive the maximum compensation possible.
• An attorney can help preserve important pieces of evidence before they disappear so your case is as strong as possible.
• An attorney can review OSHA safety guidelines and help determine if your employer followed safety rules.
• An attorney can take into consideration how your injury has affected every part of your life.
• An attorney can handle all negotiations with insurance providers.

Perhaps one of the greatest advantages of hiring a personal injury attorney after developing silicosis is that they work entirely on a contingency fee basis. In other words, you owe them nothing upfront when they take your case. They only get paid by the opposing insurance provider if they are able to successfully resolve your claim.

Getting Legal Help After Developing Silicosis

At GLK Law, we understand how difficult it can be to be diagnosed with silicosis. This disease can have a devastating impact on both workers and their families. Our legal team is prepared to investigate your case and hold all of the parties that harmed you fully accountable for their negligent conduct. You can rest assured that we will do everything in our power to get you the most compensation possible so that you can focus on healing and moving forward. In fact, we have successfully recovered over $1 billion in verdicts and settlements for our deserving clients.

Have you been diagnosed with silicosis? You do not need to face the consequences of this horrible illness alone. There is legal help available. These cases can be extremely complex given all of the different parties involved. Exposure typically happens across multiple job sites, with several contractors, and over a period of several years. Our team of experienced personal injury attorneys is here to support you. Whether you just have legal questions or are wondering how an attorney may be able to help with your particular situation, we are here to serve your needs. You can contact us anytime at 800-529-9997.