The latest developments in silicosis lawsuits, including recent legislative initiatives to protect workers from exposure and possible legal avenues for affected individuals.
Written by :
Kenneth Scott
Edited by :
Rebecca Morgan
New Safety Legislation Introduced in California
California legislators have proposed several bills to enhance protections against heat and silica exposure in workplaces, particularly focusing on engineered stone fabrication sectors.
The proposed AB 3043 legislation is particularly aimed at reducing silica exposure among workers in the San Fernando Valley, where a significant portion of the state's silicosis cases are reported. The bill would mandate stricter oversight of fabrication shops, introduce licensing requirements, prohibit dry-cutting methods, and expand educational programs for employees. [1]
California Adopts New Emergency Safety Protocols
In response to a spike in silicosis incidents among engineered stone workers, the California Occupational Safety and Health Standards Board has enacted emergency temporary standards.
These regulations compel employers to adopt safer working practices, such as wet stone cutting and the provision of adequate protective gear. The measures are intended to enhance the monitoring of tasks with high silica exposure, forbid risky practices, and strengthen training and safety reporting.
Legal Scrutiny Increases Over Silica-Related Health Issues
Attorney groups have started to scrutinize cases involving silica exposure amid growing concerns over silicosis—a lung disease predominantly linked to quartz in engineered stone.
With a noticeable increase in silicosis cases, there is mounting pressure on employers to better safeguard their workers. This scrutiny is expected to lead to a surge in legal actions, including potential class action lawsuits.
Los Angeles Workers Sue Over Silicosis Claims
Two workers in the stone-cutting industry have launched a lawsuit in Los Angeles against manufacturers of quartz countertops. The lawsuit alleges that inadequate disclosure of the health risks associated with silica dust led to the development of silicosis.
The plaintiffs are demanding damages for health care costs and lost income, arguing that the companies involved provided misleading and incomplete safety information.
Research Indicates Significant Health Risks in Stone Fabrication
Recent research has highlighted the serious health dangers posed by certain artificial stone materials, which are prone to releasing harmful silica dust during production. This exposure is closely linked to severe respiratory conditions, including silicosis, stressing the need for improved safety measures for workers handling these materials. [2]
Silicosis is a debilitating lung disease triggered by the inhalation of tiny silica particles, a mineral prevalent in sand, rock, and various mineral ores.
As these particles accumulate in the lungs, they provoke inflammation and scarring, progressively impairing the ability to breathe and paving the way for serious health issues. Workers in mining, construction, and stone fabrication are especially at risk, as their day-to-day operations often involve handling materials that produce hazardous silica dust.
Silica, the root cause of silicosis, is the second most common mineral in the Earth's crust. It consists mainly of silicon dioxide. Silica is a primary component of quartz and a critical element in both sand and rock, playing a significant role in countless industrial uses.
The danger arises when silica-containing materials are manipulated, whether cut, ground or otherwise disturbed, releasing fine particles into the air.
Without proper safety measures, such as effective respiratory protection, these particles can be inhaled by workers, leading to potentially severe health consequences over time.
Silica exposure is a significant occupational health risk in various industries where materials containing silica are processed. Workers in these environments are at heightened risk for developing silicosis, a serious lung disease.
Here's a look at the professions most at risk:
A 2016 study conducted by a team at Huazhong University of Science and Technology, found that workers in the mining industry had the highest risk of lung cancer because of their exposure to silica dust.
Their findings showed that the risk of lung cancer was 48% higher for these workers compared to people not exposed to silica dust. This was measured using a Standardized Mortality Ratio (SMR) of 1.48.
Furthermore, they found a positive relationship between the amount of silica dust a worker is exposed to over time and their risk of developing lung cancer. This means that the more a worker is exposed to silica dust, the higher their risk of developing lung cancer. [3]
An OSHA study found that almost half of construction workers are exposed to harmful levels of silica dust during their workday.
Namely, 47.1% of workers were breathing in more silica dust than the OSHA's recommended safe level of 25 micrograms per cubic meter of air. What's more, nearly a third, or 29.4%, of the workers were exposed to even higher levels of silica dust, exceeding the maximum limit set by OSHA, 50 micrograms per cubic meter of air, for an 8-hour workday.
The study also provided detailed findings for different tasks such as, core drilling, cutting with a walk-behind saw, dowel drilling, grinding, and jackhammering. According to the study, the task with the highest mean silica concentration was grinding, with a concentration of 172 micrograms per cubic meter of air. [4]
A recent CDC study found that workers in the stone fabrication industry are at a high risk of developing silicosis due to their exposure to silica dust.
The study reported 18 cases of silicosis, including two fatalities, among stone fabrication workers in California, Colorado, Texas, and Washington. The risk of developing silicosis was significantly higher for these workers compared to people not exposed to silica dust.
Furthermore, the study found a positive relationship between the amount of silica dust a worker is exposed to over time and their risk of developing silicosis. This means that the more a worker is exposed to silica dust, the higher their risk of developing silicosis. [5]
A study conducted in Iran collected air samples from different foundry stations to understand the silica exposure of foundry workers. They found that the amount of silica dust in the air was higher than the safe limits set by health organizations.
Namely, the average concentration of crystalline silica in six foundry stations ranged from 0.029 to 0.064 mg/m³, which is higher than the occupational exposure limits set by health organizations.
Specifically, workers in sand preparation had a mean cancer risk value of 2.35E−5, and those in molding had a mean cancer risk value of 2.10E−5, which is significantly higher than the risk of developing health problems related to silica dust exposure for workers in other areas of the foundry. [6]
Silicosis is a progressive lung disease that can lead to inflammation and scarring of the lung tissue. The signs and symptoms of silicosis can vary depending on the severity and duration of exposure, but they commonly include:
As the disease progresses, it may lead to more severe complications such as pulmonary hypertension, heart failure, and respiratory failure.
If someone is experiencing these symptoms and has a history of exposure to silica dust, it's crucial to seek medical attention promptly. Early diagnosis and management can help control symptoms and prevent further damage to the lungs.
Silicosis is a respiratory disease marked by two distinct forms: simple and complicated. These forms are identified by looking at lung images, like X-rays or CT scans.
Simple silicosis manifests as small, isolated spots in the lungs, while complicated silicosis involves larger areas of scarring and damage, which can seriously affect lung function.
Known as chronic silicosis, this form develops slowly over many years of being exposed to small amounts of silica dust.
It is characterized by small, discrete nodules scattered across the lungs. In the early stages of the disease, a person might not feel sick or show symptoms, but these nodules can be seen on a chest X-ray.
However, if someone continues to be exposed to silica, the condition can get worse and lead to more serious health problems.
This more severe form of the disease, known as progressive massive fibrosis (PMF), usually happens after being exposed to high levels of silica for a long time.
In this case, the small nodules begin to merge into larger masses that drastically reduce lung capacity and function. Patients with complicated silicosis experience significant symptoms, such as intense shortness of breath and persistent coughing.
Without treatment or steps to reduce further exposure to silica, complicated silicosis can lead to other serious issues, including high blood pressure in the lungs and heart failure.
Diagnosing silicosis is a serious process that involves several steps to confirm whether someone has been affected by breathing in silica dust. Here’s how doctors generally go about diagnosing this condition:
The process starts with the doctor discussing the patient’s work history, especially focusing on jobs that might have exposed them to silica dust, such as mining, sandblasting, or stone masonry.
The doctor will ask about symptoms like shortness of breath, persistent cough, or any other respiratory issues. They will also inquire about the duration and intensity of exposure to silica.
Next, the doctor performs a physical exam to listen for any abnormal lung sounds or signs of respiratory distress.
They look for symptoms that might indicate complications of silicosis, such as blue lips or swelling in the legs, which could suggest heart or lung problems caused by advanced disease.
Chest X-rays or CT scans are crucial in diagnosing silicosis. These imaging tests can reveal the presence of nodules or scarring in the lungs that are typical of silicosis.
In simple silicosis, small nodules are scattered throughout the lungs, mainly in the upper lobes. In cases of complicated silicosis, the scans might show larger masses or significant scarring, indicating more severe disease.
These tests measure how well the lungs are working. They help assess the amount of air the lungs can hold and how quickly air can be moved in and out. These tests are important because they can show a reduction in lung capacity, which is common in people with silicosis.
In some cases, the doctor might recommend further testing to rule out other conditions that could mimic silicosis, such as tuberculosis or other lung diseases. These tests might include lab tests, like checking for specific markers in the blood or other bodily fluids.
Although it's less common, in uncertain cases, the doctor might order a lung biopsy. This procedure involves removing a small sample of lung tissue and examining it under a microscope to confirm the presence of silica particles and the type of lung damage.
Once all these steps are completed, if the evidence points to silicosis, the doctor will discuss the diagnosis with the patient and talk about the next steps, which usually focus on managing symptoms and preventing further exposure to silica.
Legal options might be available to sue employers, product manufacturers, or contractors who failed to provide proper protection.
See if you have a case
In addition to reducing lung function, silicosis can lead to several associated conditions and complications that can severely impact the patient’s overall health and longevity. Here’s a look at some of the key conditions associated with silicosis:
Individuals with silicosis are at a significantly increased risk of developing tuberculosis. The scarring from silicosis can make the lungs more susceptible to TB, a bacterial infection that primarily affects the lungs. It’s crucial for patients with silicosis to be screened regularly for TB to ensure early detection and treatment.
Silicosis can lead to or exacerbate COPD, a group of lung diseases that block airflow and make breathing difficult. The lung damage from silicosis can contribute to the development of conditions like chronic bronchitis and emphysema, both of which are forms of COPD.
Exposure to silica dust is associated with an increased risk of lung cancer. The risk is higher in individuals with silicosis, as ongoing inflammation and lung tissue damage can lead to malignant changes.
This serious condition involves high blood pressure in the arteries that supply the lungs. It can develop as a complication of advanced silicosis due to decreased lung function and low oxygen levels in the blood. Pulmonary hypertension places additional strain on the heart, particularly the right ventricle, which can lead to heart failure.
There is evidence suggesting that silica exposure is linked to an increased risk of autoimmune diseases such as rheumatoid arthritis, scleroderma, and systemic lupus erythematosus. These conditions involve the immune system attacking the body’s own tissues, and the chronic inflammation associated with silicosis may trigger or worsen these autoimmune responses. [7]
Silicosis may be associated with an increased risk of chronic kidney disease. The kidneys can be affected directly by the silica dust or indirectly by autoimmune responses triggered by silica exposure.
Since the lung damage caused by the disease can’t be reversed, unfortunately, there is no cure for silicosis. However, there are several ways to manage the symptoms and minimize the progression of the disease.
Here’s a look at the main strategies used in the treatment of silicosis:
While these treatments cannot cure silicosis, they play a crucial role in managing the disease. Research continues to explore potential therapies that might one day more effectively mitigate the effects of silica exposure. [8]
Silicosis has been a persistent public health issue despite its declining mortality rates over the decades. According to the CDC, between 1968 and 2002, silicosis was mentioned on 16,305 death certificates either as the underlying or contributing cause of death.
Initially, the mortality rate was alarmingly high at 8.91 per million in 1968, but it fell dramatically to 0.66 per million by 2002, signifying a notable public health achievement.
The survival rates of silicosis are heavily influenced by the stage of the disease at diagnosis. Another study that focused on the natural course of the disease found that the average survival times after diagnosis by stage were:
Additionally, the study found that around 25% of patients with silicosis survived beyond 33 years after getting their diagnosis. At the time of the study, between 1972 and 1974, the average age at death of these patients was exactly 56 years. By the mid-1990s, the average age at death had increased significantly, to 65.6 years.
That said, silicosis is still a serious threat to workers exposed to silica dust, warranting ongoing health surveillance and stricter enforcement of occupational safety regulations.
Despite improvements in workplace conditions and treatment options, the persistent risk of significant health complications, including chronic respiratory issues and increased mortality rates, emphasizes the need for improved prevention strategies and continued research into more effective treatments. [9, 10]
Working with a lawyer experienced in silicosis claims is crucial for effectively navigating them and securing the compensation you deserve.
Get StartedIf you or someone you know has been diagnosed with silicosis, you need to understand your legal rights and avenues available to address the significant medical, emotional, and financial challenges that often accompany this disease.
By pursuing legal action, affected individuals can seek compensation for their injuries and losses, and get the necessary relief and support to mitigate the impact of this debilitating condition on their lives.
Identifying who is responsible for the exposure to silica dust is a crucial element of seeking justice and compensation in silicosis cases. These lawsuits can involve several parties whose actions or negligence led to the condition, including:
Employers are often the primary focus in silicosis claims because they are responsible for maintaining safe working conditions. They can be held liable if they fail to implement adequate safety measures or provide sufficient training about the risks associated with silica dust.
Most claims against employers are pursued through workers' compensation, which typically does not require proof of negligence but limits the type of damages recoverable, mainly covering medical expenses and lost wages.
In exceptional cases where an employer's conduct is egregiously negligent or intentionally harmful, bypassing workers' compensation limitations to file a direct personal injury lawsuit may be possible. This allows for broader compensation, including for pain and suffering.
Product manufacturers can also be held accountable under product liability law. If they have produced and distributed silica-containing materials without clear warnings or safety guidelines, they might be responsible for any resulting harm.
Product liability claims focus on defects in the product, either in its design, manufacture, or the instructions and warnings provided. These claims allow victims to seek comprehensive damages, including medical costs, lost income, and potentially punitive damages for egregious oversights.
Contractors and subcontractors play significant roles in various industries where silica exposure occurs, such as construction and mining. They can be sued in personal injury lawsuits if their lack of safety protocols or general negligence contributes to hazardous working conditions leading to silicosis.
Unlike employees who generally have to rely on workers' compensation, those affected by the actions of contractors or subcontractors, who may not be their direct employers, have the option to pursue third-party claims.
This type of claim allows for a broader range of compensation, as it is not restricted by workers' compensation laws and includes non-economic damages like pain and suffering.
Establishing the roles and responsibilities of these potentially liable parties can help structure a solid legal strategy to address the harms caused by silicosis. Engaging with the right legal expertise ensures that all aspects of the case are thoroughly explored, and the appropriate claims are diligently pursued.
Silicosis victims have the right to seek compensation for various damages, which can significantly differ based on individual circumstances:
Compensatory damages are intended to reimburse the victim for the direct costs associated with the injury or illness.
These damages aim to restore the financial position the victim would have been in had the injury not occurred. They are crucial in helping victims manage the immediate and ongoing financial burdens caused by their condition.
Non-economic damages compensate for the subjective, non-monetary consequences of an injury.
These damages are significant as they acknowledge the emotional and psychological impact of silicosis on a victim's life.
Punitive damages are not compensatory but are designed to punish the defendant for particularly harmful behavior and deter similar conduct in the future. They are awarded in addition to compensatory and non-economic damages and are applicable in cases of egregious negligence or intentional harm.
The pursuit of compensation in silicosis cases not only provides financial relief but also serves as a crucial component of justice for those affected, highlighting the severity of their losses and holding responsible parties accountable.
The compensation for silicosis cases varies widely, as there is no standard payout. The amount of compensation depends on several factors, including the severity of the condition, the age and employment status of the victim, and the extent of negligence involved.
Legal outcomes can also be influenced by the jurisdiction in which the case is filed and the specific laws that apply to silica exposure and worker protection.
Historical settlements and jury awards have ranged from moderate sums to multimillion-dollar payouts, reflecting the broad spectrum of silicosis impacts on individuals’ lives.
Securing legal expertise is absolutely necessary to successfully navigate silicosis claims and ensure just compensation.
Skilled lawyers are crucial for gathering evidence, consulting medical experts, and negotiating with opposing parties. Their involvement is essential in effectively proving exposure and negligence and in presenting the case in court when necessary.
Additionally, lawyers can streamline the legal process, and allow victims to focus on recovery while they handle the case. With their knowledge of legal strategies and precedents, they can significantly improve the chances of a favorable outcome.
Engaging a lawyer increases the likelihood of achieving justice, holding responsible parties accountable, and ensuring that victims secure the redress they deserve.
There are several legislative and regulatory measures aimed at enhancing workplace safety and promoting health among workers exposed to hazardous materials like silica. Let's have a look at some of the key initiatives that regulate exposure and protect workers' health in the USA.
California Assembly Bill 3043, introduced in 2024, aims to enhance occupational safety in fabrication activities involving materials that contain crystalline silica with comprehensive measures designed to mitigate the risks associated with silica dust.
The key provisions of AB 3043 include:
By introducing these regulations, California seeks to significantly reduce the incidence of silicosis among workers in the stone fabrication industry. [11]
In light of recent concerns about silicosis, a new study revealed alarming statistics: nearly one-fifth of Californian laborers who contracted silicosis due to grinding countertops succumbed to the disease, with a median age of demise at a mere 46.
Workplace safety overseers project that among the 4,000 individuals employed in the industry across California, anywhere from 485 to 848 could fall victim to silicosis, resulting in a potential 161 fatalities. [12, 13]
On December 14, 2023, the California Occupational Safety and Health Standards Board enacted emergency regulations to address occupational silicosis hazards in the engineered stone fabricating industry.
These regulations mandated the use of wet methods for stone fabrication, enhanced dust control through augmented cleanup protocols, and strict adherence to personal protective equipment guidelines, including the necessity for air-purifying respirators.
This measure was taken to reduce silica dust exposure and enhance safety in high-risk industries. As of April 2024, these new emergency safety protocols have already been adopted. [14]
OSHA's respirable crystalline silica safety standards are national guidelines designed to protect workers from the hazards of silica dust.
These standards include a permissible exposure limit (PEL) of 50 micrograms per cubic meter of air, averaged over an 8-hour shift. Employers are required to implement engineering controls, offer medical exams to highly exposed workers, and develop a written exposure control plan.
Workers must also be trained on the risks and proper procedures for handling materials containing silica. These measures aim to reduce silicosis and other silica-related diseases. [15]
Currently, there are no class action lawsuits concerning silicosis. However, you might still have the option to pursue a personal lawsuit.
Silicosis can develop from inhaling very small amounts of silica dust over time. However, there is no specific threshold universally agreed upon as safe or that will definitely cause silicosis.
The statute of limitations for filing a silicosis lawsuit varies by state, but it generally ranges from two to six years depending on the jurisdiction and specific circumstances of the case.
Submit your inquiry through our contact form to start your search for legal assistance. Our directory connects you with experienced lawyers in a variety of practice areas, ensuring you have access to advice when you need it most.
Don’t have an account? Sign up
Defective Medical Device Lawsuits 
Product Liability Lawsuits 
Sign up using your Google account
Sign up using your LinkedIn account