How to File a Claim for Silicosis From Engineered Stone Exposure? 2024

All you wanted to do was put food on the table, but now you’re facing a diagnosis that could destroy the very life you worked so hard to build — silicosis, an irreversible lung disease caused by exposure to silica dust. If you are suffering from silicosis and believe your condition was caused by working with engineered stone, this post is for you. Today, we are going to discuss how to file a claim for silicosis from engineered stone exposure.

Understanding the Link Between Engineered Stone and Silicosis

Engineered stone, for example, quartz kitchen countertops, contain high levels of crystalline silica, a mineral known to cause respiratory diseases like silicosis. The risk arises when the workers who cut, grind, and polish engineered stones inhale this invisible dust, allowing it to travel deep inside their lungs. Over time, inhaling this dust can lead to lung inflammation, scarring (fibrosis), and the irreversible damage of silicosis.

Where to Begin

Due to the complexity of silicosis claims, especially in cases of engineered stone exposure, it is imperative to consult with legal professionals like Wallace & Graham, P.A., who have decades of experience with toxic exposure litigation. After an initial consultation, your attorneys work with you to gather evidence, review said evidence, and come up with a strategy that explores every available avenue for compensation.

Toxic exposure litigation attorneys thrive on advocacy and can protect your rights — especially if an employer or third party is involved.

Step One: Document Your Exposure

By documenting your exposure to silica dust, you can build a strong foundation for your claim. Gather any relevant information that can link your silicosis back to the work you did with engineered stone. This includes:

• Work history. This can be a detailed list of your employment, including the dates, locations, and types of jobs you held in industries where engineered stone was used. Specifically note any roles that involved cutting, grinding, or polishing engineered stone.
• Employer records. Documentation from your employer(s) that shows you worked with engineered stone, including job descriptions, safety training records, and any other relevant documents. This could include records of the materials you worked with, safety protocols, and whether proper protective measures were taken.
• Exposure evidence. Any other proof that shows you were exposed to silica dust, like air quality reports, OSHA standard violations, safety inspection records, or witness statements from coworkers who were aware of the conditions at your job.

Step Two: Consult a Healthcare Provider

To support your claim, you need to have a clear medical diagnosis of silicosis. This usually requires:

• Medical examination. A doctor (preferably a pulmonologist) assesses your symptoms and medical history. If silicosis is suspected, they may order imaging tests (for example, chest X-rays or CT scans) to look for signs of lung damage or scarring.
• Pulmonary function tests. These tests can measure how well your lungs are working and help determine the extent of damage caused by silica dust exposure.
• Medical opinion. Your healthcare provider should give an opinion on the relationship between your silicosis and your workplace exposure. This opinion can be critical in supporting your claim for compensation.

Step Three: Explore Legal Action Against Responsible Parties

If you were exposed to engineered stone dust in a workplace that failed to adequately protect you, or if your condition developed due to unsafe working conditions, your toxic exposure litigation attorney might also consider pursuing legal action against the responsible parties. This could involve:

• Employer liability. If your employer did not follow proper safety standards or failed to provide appropriate protective equipment — respirators or dust control systems — they may be held liable for your condition.
• Third-party liability. In some cases, a third-party company or manufacturer could be held responsible if they produced defective equipment, failed to warn about risks, or were otherwise negligent in creating unsafe working conditions.
• Product liability. If the engineered stone product you worked with was defectively manufactured or failed to include proper warnings regarding silica exposure, the manufacturer of the product may be held accountable.

If You Are on the Fence, There Are Time Limitations (Statute of Limitations)

It is important to understand that there are time limits for filing a claim — the statute of limitations. These time limits can vary depending on what state you live in and the kind of claim that you are pursuing, but in most cases, you need to file your claim within a certain number of years from the date of diagnosis or from the time you were first aware of the connection between your work and your condition.

Do not delay. Time is not on your side, and you don’t want to miss the opportunity to file a claim.

FAQs

Q: Can I File a Claim for Silicosis if I No Longer Work With Engineered Stone?

A: If your diagnosis still lies within the statute of limitations, the answer is yes — you can file a claim even if you no longer work in the industry. As long as you were exposed to silica dust while working in the affected industry, you could still be eligible for compensation. To determine eligibility, Wallace & Graham, P.A., can review the particulars of your case and develop a strategy to pursue compensation.

Q: What Should I Do if My Employer Is No Longer in Business?

A: Even if your employer is no longer in business, you can still file a workers’ compensation claim through the state’s workers’ compensation board or pursue a claim against third parties or manufacturers involved in your exposure.

Q: Is It Possible to Receive Compensation From Multiple Sources?

A: Yes. In some cases, it is possible to receive compensation from multiple sources. For example, a personal injury claim against your employer could be coupled with a product liability claim against a manufacturer. In order to determine which avenues of compensation are available to you, Wallace & Graham, P.A., can review the specifics of your case during your initial consultation.

Q: What Happens if My Silicosis Worsens Over Time?

A: If your condition worsens, you may be entitled to additional compensation to cover medical costs, disability, and lost wages. You should report any changes in your health to your healthcare provider and then contact Wallace & Graham, P.A., as soon as possible. Damages usually take the possibility of a worsening condition into consideration upon awarding the settlement.

Compassionate Silicosis Law Firm

If you or someone you love is suffering from Silicosis and you are considering filing a claim, the office of Wallace & Graham, P.A., is here to help. With decades of experience in toxic exposure litigation, we are uniquely positioned to advocate for your rights.

Contact us today to schedule a consultation.