West Virginia Silicosis Lawyer

West Virginia Silicosis Attorney

For those who have spent every waking moment working to provide for their family, a silicosis diagnosis can throw their lives into chaos. Often fatal, silicosis — a terrible respiratory disease — not only has no cure, but it can leave its victims with permanent disabilities. If you are facing a silicosis diagnosis, a West Virginia silicosis lawyer can help.

At Wallace & Graham, P.A., we are deeply committed to representing workers in West Virginia who have been harmed due to exposure to crystalline silica dust, and many workers in industries that specialize in stone fabrication, construction, and mining face a serious risk of developing the disease.

If you or a loved one has been exposed to silica dust in a West Virginia workplace, you may be entitled to legal recourse through toxic exposure litigation.

Understanding Silicosis and Its Causes

Silicosis is a chronic lung disease. It is caused by inhaling minute crystalline silica particles of dust. When these particles are breathed in over time, they lodge in the lungs and cause severe inflammation and scarring, which then leads to breathing difficulties, coughing, and, eventually, lung failure. The disease is progressive, meaning that even if exposure to silica is stopped, the condition continues to worsen over time.

In West Virginia, workers employed in industries like stone cutting and polishing, especially in workplaces that produce engineered stone countertops or those that work with artificial stone, are at significant risk.

These materials contain high levels of silica, and when workers engage in cutting, grinding, and polishing, the dust is often inhaled, exposing them to dangerous levels of this toxic substance. Many workers are unaware of the long-term risks associated with their jobs, and as a result, they may develop serious health issues, including silicosis.

Who Is at Risk in West Virginia?

In West Virginia, several industries consciously use materials that contain crystalline silica dust, which puts workers at risk of developing silicosis. Engineered stone fabricators who work with artificial stone countertops are especially vulnerable, as the cutting, grinding, and polishing of these materials generate significant amounts of dust. Many workers in stone fabrication shops, granite countertop manufacturing, and construction face ongoing exposure to silica dust.

Unfortunately, many of these companies fail to implement proper safety measures to protect their employees, leaving workers at risk for silicosis.

The Legal Process for Silicosis Claims

If you or a loved one has developed silicosis due to exposure to crystalline silica dust in the workplace, you may have the right to file a claim. Toxic exposure litigation can help hold employers accountable for their failure to protect workers from hazardous substances. To pursue a claim, it’s essential to gather evidence showing the nature — and extent — of the exposure and its direct link to the development of silicosis.

The process of filing a claim for silicosis typically involves the following steps:

1. Consultation with a West Virginia silicosis lawyer. An experienced lawyer at Wallace & Graham, P.A., can evaluate your case and advise you on the most favorable course of action. This may involve gathering medical records, employment records, and any relevant documentation about your exposure to silica dust.
2. Investigation. Our attorneys can conduct an investigation into your workplace, identifying sources of silica exposure and determining whether the company followed proper safety protocols. Expert testimony from industrial hygienists and medical professionals may be needed to link your exposure to silicosis.
3. Filing the claim. Once your case is ready, our attorneys can file a claim against the parties responsible, including employers, manufacturers, or other entities that contributed to your exposure.
4. Negotiation and settlement. In some cases, toxic exposure litigation can lead to a settlement. Our lawyers can negotiate with the opposing party to secure compensation for your medical expenses, lost wages, and pain and suffering.
5. Trial. If a settlement cannot be reached, your case may go to trial, where a judge or jury determines the outcome.

Potential Compensation for Silicosis Victims

The compensation available to silicosis victims can vary widely depending on the specifics of the case, including the extent of exposure, the severity of the disease, and the impact it has had on your life. Compensation can include reimbursement for medical expenses, lost wages, pain and suffering, and future medical costs related to the ongoing treatment of silicosis.

Our attorneys can work with medical experts to ensure that future costs are considered when negotiating a settlement or preparing for trial.

West Virginia Silicosis Law FAQs

Q: Can a Silicosis Claim Cover Future Medical Expenses?

A: Yes, a successful silicosis claim can include compensation for future medical expenses. This covers ongoing treatments, medications, and any potential surgeries that are necessary to manage the disease. Our attorneys can work with medical experts in order to estimate future costs and ensure they are factored into your compensation package.

Q: Is It Possible to Prove Negligence if the Employer Provided Some Safety Measures?

A: Yes, it’s possible to prove negligence even if the employer provided some safety measures. Courts can evaluate whether these safety measures taken by the employer were sufficient to protect workers from crystalline silica dust. If the safety measures were insufficient or improperly implemented, the employer may still be held liable for the harm caused under West Virginia’s modified comparative fault laws.

Q: What if I Worked in an Area With Crystalline Silica Dust But Handling It Wasn’t My Job?

A: Even if your work duties didn’t involve handling crystalline silica dust, there are still legal avenues to explore. For example, if you shared the workspace and developed silicosis, we can investigate the efficacy of the ventilation system, which can uncover evidence of exposure at your workplace. Expert testimony from industrial hygienists and medical professionals can help establish a connection between your illness and silica exposure, even in the absence of direct job duty.

Q: How Long Do I Have to File a Claim for Silicosis in West Virginia?

A: In West Virginia, the statute of limitations for filing a silicosis lawsuit is typically two years from the date of diagnosis or when symptoms first appear. However, exceptions may apply depending on the specifics of your case. It’s critical to consult with an attorney as soon as possible to avoid missing any deadlines.

If you have been exposed to crystalline silica dust and have developed silicosis, it is important to take action. Wallace & Graham, P.A., is here to help you navigate the legal process and seek the compensation you deserve. Our attorneys have extensive experience handling toxic exposure litigation cases and are committed to fighting for the rights of workers.

Contact us today to schedule a consultation.