Legal Liability in Engineered Stone Silicosis Cases (2024)

Silicosis is a preventable yet incurable occupational lung disease caused by prolonged exposure to crystalline silica dust. Workers in industries that handle engineered stone are particularly vulnerable, and silicosis cases linked to engineered stone have been rising at an alarming rate. That’s why understanding the legal liability in engineered stone silicosis cases is critical for affected individuals who are seeking justice and support.

What Is Silicosis?

Silicosis occurs when tiny crystalline silica particles are inhaled and accumulate in the lungs. Over time, these particles cause scarring, inflammation, and reduced lung function, leading to coughing, breathlessness, and fatigue. Chronic cases can take decades to manifest, while acute forms develop within months or years of intense exposure.

Causes of Silicosis

• Unsafe work practices. Many cases of silicosis stem from employers failing to implement proper safety measures.
• Inadequate regulations. Although government regulations exist, enforcement is often inconsistent.
• Lack of industry transparency. Some manufacturers of engineered stone may not adequately warn of the risks associated with their products or provide guidelines for safe handling.

How Can You Prove Liability?

Proving liability in an engineered stone silicosis case requires demonstrating that the exposure to crystalline silica from engineered stone directly caused the individual’s silicosis and that the responsible party (for example, an employer, manufacturer, or supplier) failed to provide adequate protection or warnings. Here’s a breakdown of the process:

1. Establishing causation. To prove liability, you must first establish that exposure to silica from engineered stone led to the development of silicosis. This involves:

• Medical diagnosis — a definitive diagnosis from a pulmonologist who can determine that the individual’s silicosis was caused by crystalline silica exposure. This might include chest X-rays, CT scans, and lung function tests.
• Work history — demonstrating that the individual worked in environments where silica exposure occurred, especially in stone fabrication or similar industries.

2. Identifying the parties responsible. Several parties may be liable in a silicosis case, depending on the circumstances:

• Employer liability. Employers have a duty to protect workers from hazardous substances. If the employer fails to implement proper safety measures (for example, providing respirators, ventilation systems, or monitoring exposure), they may be found liable. This can be supported by workplace safety records and a lack of adherence to OSHA guidelines.
• Manufacturer or supplier liability. If a manufacturer of engineered stone knew — or should have known — about the risks of excessive silica exposure and failed to provide adequate warnings or safe handling instructions, they could be held accountable.

3. Gathering evidence is key to proving liability:

• Workplace safety records. This includes exposure logs, safety audits, and training records. If the employer did not follow regulations or provide protective gear, this could show negligence.
• Product labeling and instructions. Reviewing the manufacturer’s warnings, product labels, and instructions regarding the handling of engineered stone is vital. Failure to include proper safety guidelines or warnings about the dangers of silica exposure could support the claim.
• Witness testimony. Colleagues or other workers who have worked with the same materials or in similar conditions can provide valuable testimony about the safety conditions and practices at the worksite.

4. Expert testimony. An expert, like an industrial hygienist or toxicologist, can explain the risks associated with engineered stone and silica exposure. They can help establish how the exposure occurred, the amount of silica in the air, and how that exposure can lead to silicosis.
5. Proving the Standard of Care. Proving that the responsible party failed to meet the standard of care involves showing that:

• The party had a duty to protect workers from harmful silica exposure.
• They breached that duty by not providing necessary safety measures or failing to warn workers about the risks.
• This breach directly resulted in harm, i.e., the development of silicosis.

6. Causation and documentation. Establishing a clear link between silica exposure and the diagnosis of silicosis is crucial. Medical records, work history, and expert testimony should all support that the exposure caused the disease. Documentation of symptoms, the timeline of exposure, and medical tests can strengthen this link.
7. The role of workplace regulations and standards. Workplace safety regulations, particularly those set by OSHA, can help prove liability. These include:

• OSHA’s permissible exposure limits (PELs). If silica exposure at the workplace exceeds the OSHA limits, this can demonstrate negligence.
• NIOSH guidelines. The National Institute for Occupational Safety and Health (NIOSH) has strict guidelines regarding silica exposure, and violations of these could indicate liability.

8. The legal process. Once the evidence is collected, you need to file a claim against the responsible party with the help of an experienced attorney. This might involve filing with a workers’ compensation board (if the injury occurred at work) or filing a civil suit against the responsible party. The steps include:

• Filing the claim. This would include details of the silica exposure, evidence of negligence, and the medical diagnosis.
• Discovery process. This stage allows both sides to gather evidence, like safety records, product materials, and testimony.
• Negotiation or trial. The case may be resolved through negotiation, but if it goes to trial, presenting the collected evidence and expert testimony becomes crucial when proving liability.

FAQs

Q: Can I File a Claim if I Worked With Natural Stone Instead of Engineered Stone?

A: Yes. Silicosis can result from exposure to silica in natural stone as well. The key to liability is proving that exposure occurred due to unsafe conditions or negligence, regardless of the material. If you have been diagnosed with silicosis, your next step should be to consult with an experienced attorney who is familiar with and comfortable with toxic exposure litigation.

Q: What Happens if My Employer Is No Longer in Business?

A: If your employer is no longer in business, compensation may still be available through other liable parties, like manufacturers and protective equipment vendors. In order to fully explore the options available to you, the toxic exposure litigation attorneys at Wallace & Graham, P.A., can develop a strategy for compensation after fully reviewing your case.

Q: Can I Still File a Claim if I Wore Protective Equipment?

A: Yes. If the protective equipment provided was insufficient or improperly maintained, liability may still apply to either the employer or the protective equipment manufacturer. Claims can also address systemic failures, for example, inadequate training or ventilation. Don’t hesitate. By reaching out to Wallace & Graham, P.A., we can immediately get to work investigating the particulars of your case.

Q: How Do Silicosis Cases Impact the Availability of Engineered Stone Products?

A: The availability — and demand — of engineered stone products hasn’t wavered despite the growing number of cases. However, the rising awareness surrounding its manufacturing hazards has prompted calls for stricter regulations, which could lead to safer production methods or the eventual adoption of alternative materials. This process is ongoing and varies by region.

A Silicosis Law Firm You Can Trust

By understanding the legal frameworks and options available, silicosis victims and their families can take meaningful steps toward the justice — and compensation — they deserve.

At Wallace & Graham, P.A., we have decades of experience litigating toxic exposure cases and have won millions of dollars for our clients. Let us advocate for you, and together, we can make a difference to not only your life but also help to ensure safer workplaces for future generations.

Contact us today to schedule a consultation.