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Silicosis Lawsuit – Silica Exposure Attorneys — Lawsuit Information Center

Oct 14, 2024

This page examines silicosis lawsuits, their potential settlement amounts, and jury payouts.

Silicosis is a lung disease caused by occupational exposure to airborne silica dust particles from stone like granite, quartz, and other construction materials. Anyone who was exposed to silica dust from construction materials and has been diagnosed with silicosis may be eligible to file a silicosis lawsuit and receive financial compensation. Our silicosis lawyers explain how silicosis lawsuits work and the potential settlement value of these cases.

A worker has filed a lawsuit in the Orange County Superior Court, alleging that he developed silicosis due to exposure to crystalline silica while cutting quartz countertops.

The defendants include prominent companies such as Alpha Tile & Stone Inc., Caesarstone Ltd., Home Depot USA Inc., and IKEA North America Services LLC. The lawsuit seeks compensatory and punitive damages, citing negligence, product liability for failure to warn, product liability for design defect, fraudulent concealment, and breach of implied warranties.

California OSHA has renewed its emergency temporary standard (ETS) for crystalline silica exposure in “engineered stone fabrication shops” amid escalating concerns over worker safety.

The ETS, originally adopted in December, was unanimously renewed for six months on May 16, with new exemptions for outdoor work at quarries and the fabrication of natural stone monuments. Cal/OSHA is also developing a permanent worker-safety standard set to take effect in January, replacing the ETS.

This action follows the reported cases of silicosis among workers, with 140 cases in recent years, including 14 deaths and 18 lung transplants, all linked to silica exposure in engineered stone fabrication shops. Silicosis is described as an incurable, progressive disease causing serious and fatal health effects.

The feds are also paying attention. OSHA has beefed up its enforcement of rules governing respirable crystalline silica to protect workers in this sector, prioritizing inspections of high-exposure worksites. This federal initiative aligns with California’s renewed focus on addressing the health crisis caused by silica exposure in the engineered stone industry.

California lawmakers introduced multiple bills aimed at strengthening safety standards concerning indoor and outdoor heat exposure and crystalline silica exposure in engineered stone fabrication businesses.

AB 3043 seeks to reduce worker exposure to crystalline silica, particularly targeting the San Fernando Valley, where 60% of reported silicosis cases in the state occur. The bill mandates Cal/OSHA to track and address non-compliant fabrication shops, enforce a licensing requirement, ban dry cutting, and provide comprehensive worker education and training.

The California Occupational Safety and Health Standards Board adopted an emergency temporary standard to address rising instances of occupational silicosis among engineered stone fabricating industry employees

The standard requires employers to implement additional precautions, such as using wet methods for cutting stones and providing proper personal protective equipment. The emergency regulation comes after public comments and recommendations from various stakeholders.

The new rules apply broadly to California workers exposed to respirable crystalline silica. They impose obligations like continued monitoring of high-exposure tasks and prohibit certain work practices. Employers must also enhance training, provide respiratory protection, and report cases related to silica exposure promptly.

Two stone cutters have filed a lawsuit against multiple quartz countertop manufacturers in California, alleging they developed silicosis due to the companies’ fraudulent concealment of product hazards. The plaintiffs claim negligence, strict liability, fraudulent concealment, and breach of warranties, seeking damages for medical expenses and loss of earnings. They cite misleading claims by some companies and contradictory safety data sheets, arguing exposure to crystalline silica in the products caused their injuries.

A new study found that artificial countertop materials, such as solid surface composites and engineered stone, can pose significant health risks to workers who handle them. During fabrication, they emit airborne dust particles. Engineered stone contains particularly high levels of crystalline silica, which has been linked to cases of silicosis and pulmonary fibrosis among workers.

Silicosis is a a relatively rare but severe lung disease caused by inhaling airborne particles of silica or silica dust over a long period. When silica dust is inhaled, it enters the lungs and causes inflammation of the tissue surrounding the air sacs in the lungs (alveoli).

The inhalation of silica dust leads to the development of fibrotic lung tissue. It is diagnosed through a combination of a patient’s exposure history, radiological findings, and pathological results. Silicosis is commonly seen in individuals with significant exposure to silica, such as quarry workers.

When this inflammation from inhaling silica dust occurs regularly over a prolonged time period, it gradually leads to the formation of nodules and permanent scar tissue in the lungs (pulmonary fibrosis). The gradual buildup of this scar tissue in the lungs makes it difficult to breathe, and the breathing difficulties get worse as the scarring progresses.

Difficulty breathing is the primary symptom of silicosis, and it gets progressively worse as the scarring of the lungs expands and lung capacity decreases. People with advanced silicosis will often require oxygen support or breathing assistance devices. In addition to reducing lung capacity, silicosis can significantly increase the risk of other diseases, including tuberculosis, bronchitis, lung cancer, kidney disease, and autoimmune conditions.

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.

This disease is particularly insidious because its hazards are not well-known or visible to most individuals exposed to silica dust, leading to a significant underestimation of its severity. Even among those who are somewhat aware of the risks, the grave consequences of silicosis, including its incurable nature and potential to cause fatal lung diseases, are frequently underestimated. Historical knowledge of silica-related diseases and prevention methods has been well-documented since the early 20th century, yet the dangers were recognized even earlier, during the industrial revolution when pulmonary illnesses linked to silica dust notably affected workers in foundries and mining.

The primary forms of silicosis include chronic silicosis, which emerges after long-term exposure to low levels of silica; accelerated silicosis, which appears after shorter-term exposure to higher levels of silica; and acute silicosis, which can develop rapidly following very high exposures. Complicated silicosis and conglomerate silicosis are severe forms where lung damage is extensive. Let’s take a closer look:

Chronic Silicosis

Accelerated Silicosis

Acute Silicosis

Complicated Silicosis

Conglomerate Silicosis

Accelerated and acute silicosis are most often the subjects these lawsuits due to their rapid onset and severe health impacts, frequently linked to egregious workplace safety violations and significant negligence by employers.

Anyone who is regularly exposed to airborne silica dust particles over a long time period is at risk of developing silicosis. Silica is a natural mineral that is found in sand and in most types of rocks, including sandstone, granite, quartz, and marble.

Silica is only toxic when it is in very small, airborne dust particles known as respirable crystalline silica or “silica dust.” This type of airborne silica dust is created from cutting, grinding, or surfacing materials containing silica, such as granite, marble, quartz, and other materials.

Anyone who was involved in the cutting, sanding, shaping, or surfacing of stone countertops for a long time period is at an extremely high risk of developing silicosis. The same is true for anyone who worked with engineered stone products, which actually contain even higher levels of silica than natural stone. Cutting or surfacing granite, marble or engineered stone for use as countertops is exactly the type activity that results in chronic silica dust inhalation. Sandblasters seem to be a particularly high risk.

Scientists at the National Institute for Occupational Safety and Health conducted a study analyzing the dust generated from cutting Corian with a circular saw. They collected air samples using filters and direct-reading instruments in an automated laboratory testing setup. The study that approximately 31.8% of the airborne dust from cutting Corian is respirable.

In 2019, the CDC released a report on silicosis, noting a significant spike in occupational silicosis rates. 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.

Anyone who was regularly exposed to silica dust as part of their job for a long time period, and was subsequently diagnosed with silicosis, lung cancer, COPD, or another disease directly related to silica exposure, you may be able to get financial compensation by filing a silicosis lawsuit. Silicosis lawsuits are being filed across the country against stone product manufacturers and suppliers of products resulting in silica dust exposure.

Silicosis is an entirely preventable disease as long as proper safety precautions are in place, including personal protective equipment (PPE) such as masks and respirators. Companies that negligently fail 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 against manufacturers of respirators that failed to filter out silica dust.

The potential settlement amounts of a silicosis lawsuit vary significantly depending on the severity of the plaintiff’s silicosis and other related health conditions. Cases in which the plaintiff only has silicosis have a lower settlement payout compared to cases where the silicosis developed into lung cancer or other health complications.

If you were diagnosed with silicosis or a related respiratory condition as a result of exposure to silica dust, contact our silicosis lawyers today to see if you qualify to file a lawsuit. Call us at 800-553-8082 or contact us online.

SilicosisChronic SilicosisDescriptionExposure PeriodSymptomsProgressionAccelerated SilicosisDescriptionExposure PeriodSymptomsProgressionAcute SilicosisDescriptionExposure PeriodSymptomsProgressionComplicated SilicosisDescriptionCharacteristicsSymptomsProgressionConglomerate SilicosisDescriptionCharacteristicsSymptomsProgressionStone Countertop Workers Are at Risk for SilicosisCan You File a Silicosis Lawsuit?Settlement Value of Silicosis Lawsuits$750,000 Verdict (Mississippi): $1,500,000 Verdict (Virginia): $5,000,000 Verdict (Mississippi): $2,000,000 Settlement (Texas): $7,600,000 Verdict (Mississippi): $7,500,000 Verdict (Texas): Hire a Silicosis Lawyer Today800-553-8082