When you think about workplace safety, you think mainly about potential immediate dangers. That is why you wear a hard hat, safety goggles, and earplugs on a construction site or industrial workplace. What you don’t always think about is long-term safety issues. That is the exact type of issue that anyone who has worked with artificial stone should be concerned about.
When workers fashion artificial stone with grinders, drills, cutters, and polishers, they are exposed to fine crystalline silica dust. Most engineered stone products can contain up to 95% crystalline silica. Constant exposure to that dust can manifest as silicosis, which is an irreversible, progressive, fatal lung disease.
Workers who have been diagnosed with silicosis can face mounting financial losses. Fortunately, an experienced artificial stone silicosis attorney can help you pursue compensation. The Frost Law Firm, PC, has helped many workers and their families seek a fair settlement. It is important to calculate the full scope of current and future damages.
Types of Compensation Available for Silicosis Victims
If you’ve been diagnosed with silicosis due to workplace exposure, you’re entitled to seek reimbursement. Your request should include all current and future financial losses.
Medical Expenses
Reimbursement for your medical expenses should include all your doctor visits, diagnostic exams, surgeries, hospitalization, and prescriptions. Your compensation should also cover ongoing oxygen therapy and lung transplants, if prescribed. These damages should also cover durable medical equipment and pulmonary rehab.
Lost Wages & Earning Capacity
If you missed work hours during your initial recovery, you should be reimbursed for lost salary. When your diagnosis results in long-term disability that prevents you from working, you can be compensated for your future earning capacity.
Pain and Suffering
Compensation for pain and suffering would be considered noneconomic damages. It addresses the physical discomfort, fatigue, and shortness of breath associated with the silicosis. It should also provide compensation for emotional distress and reduced quality of life you’ve had to endure because of the disease.
Punitive Damages
These damages are applied in cases of severe or intentional safety violations. They are designed to punish egregious employer misconduct and are typically awarded through a jury trial.
Wrongful Death Damages
If a worker passes away due to silicosis, their surviving family is entitled to file a wrongful death claim. They can seek compensation for funeral and burial costs, as well as the loss of financial support and companionship.
Silicosis Symptoms
Silicosis can have a debilitating impact on a person’s life. According to the American Lung Association, symptom severity depends heavily on the form of the disease.
The most common symptoms of silicosis include the following:
- Shortness of breath
- Persistent cough
- Fatigue and weakness
- Chest pain
- Unexplained weight loss
- Fever
- Night sweats
- Swollen legs
- Bluish tint to the lips or skin (cyanosis)
Symptoms by Type of Silicosis
Chronic Silicosis: Develops after 10 to 20 years of lower exposure. Early signs are mild or absent but can progress to a nagging cough and exertional breathlessness.
Accelerated Silicosis: Appears within 1 to 10 years of heavy exposure. At this stage, a person can experience rapid weight loss, severe shortness of breath, and fatigue.
Acute Silicosis: Develops within weeks or months of massive exposure. It causes rapid breathing failure, severe breathlessness, weakness, and fever.
How Legal Representation Maximizes Your Recovery Settlement
Pursuing a remedy for a silicosis diagnosis is complex. It means gathering evidence that links workplace exposure to the disease. That can require a deep-dive investigation into the worker’s job history. It also means gathering relevant medical records and personal testimony about the impact of the disease. That can seem overwhelming, especially when you’re going through treatment. That is when the legal team at the Frost Law Firm, PC can be a huge asset for maximizing your recovery.
If we agree to work on your claim, we will lead the investigation to establish a clear connection between your job exposure and your diagnosis. We can help guide you beyond a limited workers’ compensation claim to establish third-party liability. Our efforts can help target artificial stone manufacturers, distributors, and tool makers for defective products or poor safety warnings. When we pursue outside businesses, it often increases the total pool of available compensation.
We will also help calculate a comprehensive valuation for your future medical care and emotional distress. Our attorneys are skilled at negotiation. We understand the tactics insurance companies use to try to walk away from a claim with lowball settlements. We will also fight for the maximum benefits you’re entitled to
If you’ve been diagnosed with silicosis because of workplace exposure, you owe it to yourself and your family to understand all your viable options for pursuing a remedy. Call the Frost Law Firm, PC to schedule a free consultation.
From exposure to closure, we’re here to support and guide you.
