Top-Ranked Silicosis Lawyers for Workers Exposed to Silica Dust from Countertops and Engineered Stone
If you or a family member has been diagnosed with silicosis after working with engineered stone, quartz countertops, concrete, stone, or other materials containing crystalline silica, Belluck Law can help you understand your legal options.
Our attorneys investigate where and how the exposure occurred, identify potentially responsible companies, and pursue the compensation available under the circumstances of your case.
Shortness of breath, especially during physical activity, cough that doesn’t subside, chest pain, weight loss, bluish lip discoloration, fatigue and weakness could be symptoms of silicosis in individuals who have been exposed to silica dust. Occupational exposure to crystalline silica dust is frequent in the quartz countertops industry, construction and mining. However, anyone could be exposed to silica dust when in proximity to it, including those who might live or work near a mine, a stone cutting facility, around glass manufacturing, construction sites, etc.
Also, family members of workers in those industries might be at risk due to second-hand exposures. When small particles of silica dust are released into the air, they become what is known as respirable crystalline silica (RCS). These particles are small and light enough to remain suspended in the air and are easily inhaled. Inhalation of such particles can cause silicosis, but also lung cancer, chronic obstructive pulmonary disease, chronic renal disease, susceptibility to tuberculosis, and other autoimmune conditions.
What is silicosis?
Table of Contents
- 1 What is silicosis?
- 2 Symptoms of Silicosis
- 3 Diagnosing silicosis
- 4 Who is at Risk?
- 5 Engineered Stone and Quartz Countertops: A Major Source of Silica Exposure
- 6 Can I file a silicosis lawsuit if I was exposed to silica at work?
- 7 Can I sue my employer for silicosis?
- 8 Can I sue a quartz countertop manufacturer?
- 9 What if I don’t know what brand of countertop I worked with?
- 10 How long do I have to file a silicosis lawsuit?
- 11 How much does a silicosis lawyer cost?
- 12 Can family members file a claim if a loved one died from silicosis?
- 13 What if I have already filed a workers’ compensation claim?
Silicosis is a type of pulmonary fibrosis caused by crystalline silica dust inhalation. As silica is inhaled, it accumulates in the lungs unable to be expelled, causing inflammation and scarring of the lung tissue which eventually can lead to respiratory failure. Silicosis is not curable, and treatment consists of preventing further exposures along with symptom management.
- Chronic silicosis typically develops after approximately 10 years of moderate exposures.
- Accelerated silicosis can develop relatively quickly with heavy exposures, often within 5 to 10 years.
- Acute silicosis can develop within several weeks of very heavy exposures.
Symptoms of Silicosis
- Persistent cough
- Shortness of breath
- Chest discomfort
- Fatigue
- Weakness
- Unexplained weight loss
- Reduced ability to exercise
Diagnosing silicosis
If symptoms do not ease with antibiotics’ treatment and treatment aimed at other conditions with similar symptoms, a physician will investigate the diagnosis by ordering imaging tests such as a chest X-ray or a CT scan. A sputum test and bronchoscopy will be able to further help refine a diagnosis. Finally, if inconclusive, a surgical lung biopsy will be performed under general anesthesia to obtain a tissue sample of analysis.
- Medical history and occupational history
- Physical examination
- Chest imaging
- Pulmonary function testing
- Additional testing when medically appropriate
Who is at Risk?
- Countertop fabricators
- Stone cutters
- Stone polishers
- Granite workers
- Engineered-stone workers
- Construction workers
- Demolition workers
- Concrete workers
- Masonry workers
- Miners
- Workers in manufacturing environments
Engineered Stone and Quartz Countertops: A Major Source of Silica Exposure
Manufacturing of engineered stone countertops, also known as “artificial stone” or “quartz” has been identified as the source of current silica exposures among workers in that industry and the cause of a new silicosis epidemic.
In recent years, as engineered stone has grown in popularity and become the most frequently used countertop material, cases of silicosis have also skyrocketed. The reason for this lies both in the way this stone is manufactured and the fact that such products contain upward of 90% crystalline silica, compared to approximately 30% in granite and less than 10% in marble. Unlike solid stone surfaces, manufacturing of engineered stone involves combining ground stone material with resin, a process that makes it easier for silica particles to become airborne during the manufacturing process as well as cutting and finishing of the material.
Manufacturers of engineered stone
- Caesarstone USA, Inc.
- Cambria Company, LLC
- Cosentino Group
- Color Marble, Inc.
- Silestone
- MS International
- Vicostone
- Francini, Inc.
What Compensation Can a Silicosis Claim Provide?
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
- Pain and suffering
- Other legally recoverable losses
- Wrongful death damages in appropriate cases
Talk to a Silicosis Lawyer About Your Case
A silicosis diagnosis can affect your health, your ability to work, and your family’s financial future. You don’t have to determine who was responsible or what legal options may be available on your own.
Belluck Law offers a free consultation to discuss your diagnosis, work history and potential silica exposure.
Why Choose Belluck Law for a Silicosis Case?
- More than 20 years handling complex injury cases, toxic-tort, and asbestos litigation
- More than $1 billion recovered for clients and families
- Experienced trial lawyers
- Resources to investigate complex exposure histories
- Ability to meet clients at home or medical facilities when appropriate
- Free case consultation
- No attorney fee unless the firm recovers for the client, if that fee arrangement applies to these cases
Silicosis Frequently Asked Questions
Can I file a silicosis lawsuit if I was exposed to silica at work?
If you developed silicosis or another serious illness after occupational exposure to respirable crystalline silica, you may have legal options. Silica exposure occurs in many industries, including construction, concrete work, masonry, mining, foundries, abrasive blasting, and countertop manufacturing and installation. OSHA recognizes respirable crystalline silica as a serious occupational hazard, and workers who cut, grind, polish, or otherwise disturb silica-containing materials can be exposed to hazardous dust.
An attorney can investigate your work history and medical records to determine whether you may have a claim.
Can I sue my employer for silicosis?
It depends on the circumstances and the law in the state where your claim arises.
In some cases, there may also be potential claims against parties other than an employer, such as manufacturers, suppliers, contractors, or other companies whose products or conduct contributed to the exposure. An attorney can evaluate the available claims based on your particular employment and exposure history.
Can I sue a quartz countertop manufacturer?
Engineered stone, including some quartz countertop materials, can contain very high levels of crystalline silica. Workers involved in cutting, grinding, polishing, finishing, and installing these materials can be exposed to respirable silica dust. OSHA and NIOSH have specifically identified countertop manufacturing, finishing, and installation as activities where workers can face significant silica exposure.
Whether a particular manufacturer can be held responsible depends on the product involved, the circumstances of the exposure, applicable state law, and the evidence available. A lawyer can investigate the products and companies connected to your work.
What if I don’t know what brand of countertop I worked with?
You may still have a claim. Not knowing the brand of countertop does not necessarily prevent an attorney from investigating your case.
If you developed silicosis after working with countertops but cannot remember the brand, it is still worthwhile to speak with an attorney before assuming you have no legal options.
How long do I have to file a silicosis lawsuit?
The statute of limitations can vary depending on the state, the type of claim, and other circumstances.
Silicosis can develop years after exposure. The Centers for Disease Control and Prevention notes that the latency period can vary based on the intensity and duration of exposure, with chronic silicosis often developing after many years of exposure.
Because missing a filing deadline can prevent you from pursuing a claim, you should speak with an attorney as soon as possible after receiving a silicosis diagnosis or learning that your occupational exposure may have caused your illness.
How much does a silicosis lawyer cost?
Belluck Law typically provides free consultations and represents clients on a contingency-fee base, meaning that we don’t get paid until we recover compensation for our client.
Can family members file a claim if a loved one died from silicosis?
When a person dies from silicosis or another silica-related disease, certain surviving family members or representatives of the estate may be able to pursue a wrongful-death or related claim.
If your loved one died after developing silicosis, an attorney can review the medical history, employment history, and circumstances of the exposure to determine whether a legal claim may be available.
What if I have already filed a workers’ compensation claim?
Filing a workers’ compensation claim does not necessarily mean that you have no other legal options. Workers’ compensation and potential claims against third parties can involve different legal theories and different responsible parties.
However, the interaction between workers’ compensation benefits and other legal claims varies by state. Before settling or giving up any potential claim, it is important to have an attorney review your situation.