Silicosis is a preventable and life-altering lung disease which workers in the manufacturing, construction and mining industries often develop. It is caused by exposure to silica dust.
Workers who develop this terrible disease typically end up not being able to return to work, facing mounting medical bills and facing respiratory complications for life.
Who Qualifies to File Silicosis Lawsuits?
Workers who have spent a minimum of one year cutting, polishing, fabricating or installing engineered stone/quartz may qualify to file a silicosis lawsuit.
They may qualify to file a lawsuit if they developed:
- Silicosis
- HRCT or X-ray evidence of fibrosis, nodules or ground-glass opacities
- Referral or evaluation for a lung transplant
- Progressive massive fibrosis
- Severe obstructive or restrictive lung disease
Settings of exposure which qualify include:
- Plants where engineered stone is manufactured
- Crews that do on-site installation
- Remodelers that perform dry quartz cutting
- Countertop fabrication shops
It is not required to be a United States citizen to file a silicosis lawsuit, and many people who file these lawsuits are Spanish-speaking.
Compensation Available in Silicosis Lawsuits
Those who file silicosis lawsuits may qualify for financial compensation for:
- Medical bills: All past medical expenses related to the silicosis diagnosis. In addition, all reasonably anticipated future medical costs related to the silicosis diagnosis.
- Lost wages: Wages unearned due to having to miss time from work because of silicosis.
- Loss of earning capacity: Lost or reduced earning capacity because of silicosis.
- Pain and suffering: Emotional distress, mental suffering and physical pain caused by silicosis.
- Wrongful death: Families who lost loved ones to silicosis may qualify for compensation for funeral and burial costs as well as loss of income, companionship, love, spousal benefits and household services. In addition, they may qualify for compensation for the medical bills incurred by and the pain and suffering endured by their loved one prior to their passing.
Legal Theories
Silicosis lawsuits will generally argue that the worker developed silicosis because:
- The workplace did not institute adequate safety protocols, or did but did not follow them
- Adequate personal protective equipment was not provided by the workplace
- Artificial stone manufacturers failed to test their products
- Artificial stone manufacturers knew or should have known their products were dangerous but failed to warn about it
- Artificial stone products are defective by design
- Manufacturers of products used to cut, polish, grind and fabricate artificial stone were negligent, produced products which are defective by design, knew or should have known their products were dangerous, and failed to warn about it
- Manufacturers of respiratory safety devices were negligent, produced products which are defective by design, knew or should have known their products were dangerous, and failed to warn about it
How to File a Silicosis Lawsuit
The process of filing a silicosis lawsuit includes:
- Seeking a diagnosis: The first step is obtaining an official diagnosis and then immediately beginning treatment.
- Documenting work history: The next step is recording when and where silica dust exposure occurred, including employers as well as job steps.
- Filing within the deadline: There is a deadline to file your lawsuit which varies from state to state.
Contacting a lawyer: An experienced lawyer can perform a claim investigation, collect evidence such as expert testimony, identify every liable party, and make sure your claim is filed on time.
