Who Can File a Silicosis Lawsuit?

This page is about who can file a silicosis lawsuit and the settlement amount victims can expect when making these claims.

We now know that an invisible danger often lurks in the air at construction sites —silica dust. Its fine particles, when inhaled over prolonged periods, embed themselves deep into the lungs, setting the stage for a debilitating condition known as silicosis. This progressive lung disease doesn’t just rob an individual of their breath. It can radically transform their life, subjecting them to a myriad of medical treatments, financial strain, and emotional distress.

Silicosis

Silicosis, a debilitating lung disease resulting from the inhalation of silica dust, has long been a scourge of industries such as mining, construction, and foundry work. This potentially fatal condition, characterized by lung inflammation and scarring, has paved the way for a myriad of legal battles as affected workers seek justice for the negligence or oversight of employers.

Respirable crystalline silica (RCS), often referred to as silica dust, is particularly prevalent in environments where stone countertops are produced.

When these materials are processed—whether by cutting, crushing, or other methods—dangerous dust particles get dispersed in the air. These silica particles are minuscule, being 100 times finer than typical sand grains.

Individuals employed in the countertop sector, particularly those crafting engineered stone, face a heightened risk of exposure to this dust. Notably, quartz, a primary component in engineered stone, comprises over 90% crystalline silica.

Several preventive measures, such as using water-based procedures, ensuring proper ventilation, and equipping workers with respirators can mitigate exposure risks. Nonetheless, if employers overlook these safety measures, workers might contract a severe respiratory condition called silicosis, stemming from prolonged exposure to this harmful dust.

Crystalline silica is one of the most common minerals on the planet. Silica is the primary component of things like sand and rocks such as granite, marble, and quartz. Silica itself is harmless and non-toxic. However, when crushed into small particles that become airborne it can be inhaled where it causes damage in the lungs. For this reason, silica is classified as a human carcinogen.

Types of Silicosis?

Silicosis is specific type of lung disease that is caused by chronic, long-term exposure to airborne silica dust particles. When silica is crushed into tiny particles that become airborne, anyone in the area will breathe in the particles unless they are wearing special respirators. Inside the lungs, silica accumulates and causes inflammation of the tissue surrounding the alveoli or air sacs in the lungs.

The inflammation of the lung sacs in the air from silica dust inhalation eventually leads to the permanent scarring of the lung tissue (pulmonary fibrosis). As this scar tissue  builds up in the lungs it makes it difficult to breath and the breathing difficulties get worse as the scarring progresses.

Silicosis is a disease that takes a very long time to develop as the scarring builds up inside the lungs. Most cases of silicosis are not formally diagnosed until 10 to 30 years after the individual is first exposed to silica dust.

There are 3 different recognized types of silicosis, which are closely correlated to degrees of severity:

Chronic Silicosis: This is the most common form of silicosis and it is caused by chronic silica exposure at low to moderate levels over several years. It usually takes 10-30 years after exposure for this type to get diagnosed. Chronic silicosis can be subtyped as either simple or complicated, based on how it appears in radiographic imaging.

Accelerated Silicosis: This type of silicosis is caused by exposure to very large levels of silica in a short period of time. It has a much shorter latency period and is usually diagnosed 5-10 years after the exposure. The lung scarring and resulting symptoms occur must faster also.

Acute Silicosis: This form of the disease is caused by massive levels of silica exposure over a very short time period. This is the worst form of silicosis as the lung tissue becomes very inflamed and may even fill with fluid.

Who is at Risk for Silicosis?

Individuals who work around airborne silica dust are very high risk of developing silicosis, particularly if proper respirators and safety equipment are not utilized. Exposure to airborne silica dust is common in the manufacture of various products and materials such as concrete, bricks, and ceramic tile. Silica exposure is also very likely in individuals involved in the cutting, shaping or manufacture of countertops made from granite, marble, quartz, or engineered stone materials.

The CDC released a report on silicosis in 2019 explaining that there has been significant spike in rates of occupational silicosis over recent years. The report and subsequent studies have attributed the increase in silicosis to the increased popularity of stone and engineered stone countertops over the last few decades. Other industries involving silica exposure include:

• Mining
• Construction work
• Masonry
• Sandblasting
• Ceramics
• Stone cutting
• Quarrying

Silicosis Lawsuits

The backdrop of a silicosis lawsuit unfolds in work environments where respirable crystalline silica is prevalent. Over time, continuous exposure without proper protection can cause the silica particles to settle in the lung tissues, leading to symptoms such as persistent cough, shortness of breath, and eventual respiratory failure. The tragedy is further underscored by the fact that silicosis is preventable, yet many employers either neglect or inadequately implement necessary safety measures.

Legal claims in silicosis cases typically revolve around a few central arguments. First, the plaintiff must establish that they were exposed to silica dust during their employment and that this exposure directly led to their silicosis diagnosis. Medical documentation and expert testimonies play crucial roles in corroborating this connection.

Additionally, the plaintiff seeks to demonstrate the defendant’s negligence. This might manifest in various forms, such as:

1. Inadequate Protection: Employers failing to provide workers with appropriate protective equipment like masks or respirators.
2. Lack of Training: Employers not training or educating their workforce about the dangers of silica dust and methods of protection.
3. Poor Ventilation: Work environments that don’t have adequate ventilation systems to dispel or reduce silica dust concentration.
4. Failure to Monitor: Employers not conducting regular air quality checks or medical examinations to monitor workers’ health.

Who Can File a Silicosis Lawsuit?

Individuals eligible to file a silicosis lawsuit include anyone who regularly worked around silica dust for an extended time, and was subsequently diagnosed with silicosis, or a disease that has been linked to silicosis. Diseases linked to silicosis include:

Lung Cancer	Lung Disease
COPD	Scleroderma
Chronic Airway Obstruction	Chronic Bronchitis
Tuberculosis	Lupus
Rheumatoid Arthritis	Kidney Disease

 

Silicosis lawsuits are being filed across the country against stone product manufacturers and suppliers of products resulting in silica dust exposure.

When appropriate safe precautions are in place, which includes personal protective equipment (PPE) such as masks and respirators, silicosis is fully preventable. Companies that negligently failed to provide employees with proper PPE or implement other safety measures can be held accountable and forced to pay financial compensation.

Some silicosis lawsuits can be brought as product liability cases against manufacturers of products containing silica, or product components that contain silica. For example, in the ceramics industry, certain glazes and other components (as well as the ceramic itself) contain high silica levels and these manufacturers can be held liable. Manufacturers of respirators that failed to filter silica particles are also regularly sued.

Deadline for Filing a Silicosis Lawsuit

Every state has laws known as statutes of limitation that set strict deadlines on how long a plaintiff can wait to file a personal injury lawsuit. The applicable statute of limitation time period varies in each state, but it is usually between 2-5 years. Silicosis is a disease that has a very long latency period of 10-20 years. This means that an individual may not develop silicosis until 10-20 years after they are exposed to silica dust.

Fortunately, the statute of limitations period in a silicosis product liability lawsuit would not begin to run until the date that the plaintiff first discovers that they have a potential claim. At the earliest, this would be when the plaintiff is first diagnosed with silicosis, but possibly even after that. So if you were diagnosed with silicosis in 2023 and your state has a 3-year SOL period, you would need to file your case by 2026.

Damages in a Silicosis Lawsuit

For those affected, the ramifications of silicosis extend beyond the physical ailment. The disease often imposes financial burdens stemming from medical bills, therapy, and potential job loss.

Emotional and psychological impacts, such as anxiety, depression, and the strain on familial relationships, further amplify the gravity of the situation. In light of these multifaceted challenges, silicosis lawsuits aim to secure compensation for medical expenses, lost wages, pain and suffering, and in tragic cases, wrongful death claims.

These are the main types of injuries or damages Silicosis lawyers see in a silicosis lawsuit:

1. Physical Injuries:
   • Pulmonary Function Decline: Reduced lung function, making it harder to breathe.
   • Chronic Bronchitis: Inflammation of the bronchial tubes that carry air to the lungs.
   • Lung Scarring: Permanent scar tissue formation, reducing lung elasticity and function.
   • Respiratory Failure: Severe cases can lead to the inability of the lungs to perform their vital functions.
   • Lung Cancer: Extended exposure to silica can increase the risk of lung cancer.
   • Tuberculosis: Silicosis can heighten susceptibility to tuberculosis.
   • Other Respiratory Illnesses: Compromised lung function can increase vulnerability to other respiratory conditions.
2. Emotional and Psychological Injuries:
   • Mental Anguish: Stress, anxiety, and depression due to the diagnosis and its implications.
   • Decreased Quality of Life: Limitations on physical activities, hobbies, and general enjoyment of life.
   • Strain on Relationships: The physical and emotional toll can strain relationships with family and friends.
3. Financial Injuries:
   • Medical Expenses: Costs related to diagnosis, treatment, surgeries, medications, and long-term care.
   • Lost Wages: Reduced earning capacity due to the inability to work or the need to switch to less demanding jobs.
   • Future Medical Costs: Expenses for ongoing or future treatments, medications, and therapies.
   • Rehabilitation Costs: Expenses for physical therapy or respiratory rehabilitation programs.
4. Loss of Consortium:
   • If the person suffering from silicosis is married, their spouse might claim a loss of consortium, referring to the deprivation of the benefits of a familial relationship due to the illness.
5. Wrongful Death:
   • If a person dies due to complications from silicosis, their family might file a wrongful death claim. This can cover:
     • Funeral and burial expenses.
     • Loss of future wages and benefits that the deceased would have provided.
     • Pain and suffering endured by family members.

What a Silicosis Lawsuit Must Prove?

Silicosis lawsuits primarily focus on negligence or liability claims against employers or manufacturers. For a claim to be successful, plaintiffs typically need to establish the following:

1. Proof of Exposure: Demonstrating that the plaintiff was exposed to hazardous levels of silica dust during their employment.
2. Direct Link to Disease: Corroborating, through medical records and expert testimonies, that the exposure led to their silicosis diagnosis.
3. Employer Negligence: Showcasing that the employer:
   • Failed to provide necessary protective equipment.
   • Did not offer adequate training on silica hazards.
   • Had insufficient ventilation in workspaces.
   • Neglected regular air quality checks or health screenings.

Silicosis Lawsuit Settlement Amounts

Settlement amounts in silicosis lawsuits vary widely, with outcomes depending on several key factors. The most influential variables include the severity of the disease, the duration and extent of exposure, the plaintiff’s age, and the presence of related health conditions, such as lung cancer.

Cases involving more severe illnesses or permanent disabilities naturally command higher settlements. Additionally, the ability to prove long-term occupational exposure to silica dust through employment records and medical documentation is critical. Plaintiffs who demonstrate that employers failed to provide adequate protective equipment, training, or ventilation—despite knowledge of the risks—typically receive more favorable outcomes.

Estimating an average settlement value is challenging, as every case is unique. However, historical cases provide some benchmarks. Settlements for mild to moderate silicosis typically range between $750,000 to $2 million, while more severe cases, such as those involving cancer or wrongful death, can reach $7 million or more. A good example of a higher end verdict we provide below where a sandblaster’s family secured $7.6 million following his death from silicosis-related respiratory failure.

The wide range of silicosis lawsuit settlement payouts underscores the complexity of these cases, with factors such as loss of future earnings, medical expenses, and emotional distress significantly influencing the final compensation (particularly in states with caps on pain and suffering damages).

Below are summaries of verdicts in silicosis product liability lawsuits

• $750,000 Verdict: A man in his early 70s was diagnosed with silicosis after years of occupational exposure to silica dust. He wore respirators and PPE during his entire career. The lawsuit was filed against the manufacturers of the PPE respirators alleging that they failed to protect him from the silica dust. The case went to trial in Mississippi.
• $2,000,000 Settlement: A man in his mid-50s was diagnosed with silicosis and the condition later progressed into full blow lung cancer. His occupational exposure to silica dust came from years of working in the construction industry. He sued the manufacturer of the respirators that he wore alleging that they failed to protect him and the case settled.
• $1,500,000 Verdict: A 43-year-old former railroad worker was diagnosed with silicosis. He alleged that he was exposed to silica dust over a 16 year period when he worked for Norfolk Southern Railway Co. He sued the railroad company alleging that it failed to provide a safe workplace for its employees and failed to warn about the dangers of silica dust.
• $7,600,000 Verdict: 66-year old man died from respiratory failure related to silicosis. His silica dust exposure came from 10 years working as a sandblaster. He sued the manufacturer of the sand products he worked with, US Silica Company, alleging that it negligently failed to warn about the dangers of silica dust.
• $1,500,000 Verdict: A railroad worker developed chronic silicosis, alleging exposure to silica dust from ballast handling during his employment with Norfolk Southern Railway Company. The plaintiff argued that the railway failed to provide adequate respiratory protection and proper industrial hygiene practices despite knowing the risks. The defense denied negligence, claiming sufficient safety measures and disputing the existence of silicosis. The jury awarded the worker $1,500,000 after deliberating for five hours.
• $1,770,000 Verdict: A male industrial laborer suffered silicosis, with permanent impairment to his lungs, after prolonged exposure to silica fibers in products designed, manufactured and sold by the defendant Humble Sand & Gravel Inc. The plaintiff contended that the defendant negligently manufactured and distributed a dangerous product, that it was aware of the potential hazards of exposure to its product, and failed to provide adequate warnings to prevent injury to the consumer.
• $500,000 Settlement: A 57-year-old male refractory worker suffered silicosis, resulting in permanent disability, when he was required to use silica at the third-named defendant company where he was employed. The defendant contended that the plaintiff was diagnosed as having abnormalities on the lungs seven months before the statute tolled.
• $1,007,000 Verdict: A man suffered silicosis and subsequent death. His estate contended that the death was the result of being exposed to silica sand during his employment as a sandblaster.
• $240,000 Settlement: A 56-year-old railroad brakeman suffered pulmonary silicosis and kidney disease as a result of high concentrations of silica which he had inhaled during his employment with the defendant railroad. The plaintiff contended that the defendant failed to ensure that his place of employment was safe, failed to warn of the danger of exposure to silica, and failed to provide equipment to prevent the inhalation of silica.
• $100,000 Settlement: A 42-year-old female aircraft parts laborer suffered silicosis, when she was exposed to silicon sand and powder, manufactured by the defendant. The plaintiff contended that she was not aware of her condition until after she stopped working. The plaintiff claimed future wage losses of $15,000 per year. The defendant maintained that the plaintiff’s injury was not the result of its negligence.
• $5,000,000 Verdict: A 56-year-old male alleged that he suffered silicosis that developed into lung cancer from the inhalation of chemicals after working as a construction worker for many years during which he wore a respirator that was manufactured by the defendant (American Optical). The lawsuit alleged that the respirators were defective. The defendant denied liability and contended that the plaintiff used the product improperly, that his employer failed to provide adequate training and instruction for the safe use of the respirator, and that the product was not defectively designed or manufactured.
• $40,000 Settlement: A 42-year-old male suffered silicosis after he was exposed to free silica manufactured by the defendant over a 14-month period while working on a pipe cleaning job for a nonparty employer. The plaintiff contended that he saw the defendant’s product at the workplace but that the defendant was negligent in failing to provide adequate warnings and failing to properly inform of the hazards of working with the product.
• $2,000,000 Verdict: A female welder suffered middle airways disease, bronchiolitis obliterans, and acute silicosis, requiring supplemental oxygen, after inhaling dust from insulation manufactured by the defendant mineral products company. The plaintiff contended that her pulmonary dysfunction was a direct result of the inhalation.

Hiring a Silicosis Lawyer

Silicosis lawsuits present their maze of legal intricacies. Every silicosis lawyer deals with the looming shadow of the statute of limitations, which dictates the ticking clock within which a lawsuit must be filed after a diagnosis or death. Determining liability becomes a multifaceted puzzle, especially when multiple jobs or employers might have contributed to the exposure. To further compound matters, the medical link between the disease and job-related exposure often becomes a battleground, necessitating robust medical evidence and expert testimonies.

What does this tell you?  You need a skilled personal injury lawyer not only unravels the complexities of the case but becomes your voice for justice.

Call us today at 800-553-8082 or reach out to us with your claim online.