Last Updated on January 11, 2025
Our law firm is investigating cases involving silicosis, pulmonary diseases, and autoimmune diseases caused by workplace silica dust exposure. These cases primarily affect workers who make, finish, or install stone products, as well as sandblasters, miners, masons, rock drillers, and glass manufacturers.
In recent years, numerous people who make, finish, or install stone countertop products have been diagnosed with silicosis. When cutting, grinding, and installing these products, tiny particles of crystalline silica are inhaled by workers.
This exposure can lead to severe pulmonary diseases, including silicosis, lung cancer, chronic obstructive pulmonary disease (COPD), and emphysema. Workers may also develop autoimmune diseases like lupus, rheumatoid arthritis, and scleroderma.
About Silicosis
Silicosis is an incurable, and sometimes fatal lung disease that progressively worsens over time. The disease occurs when silica dust particles become trapped in lung tissue.
Common symptoms include:
- shortness of breath
- chronic cough
- fever
- fatigue
- weight loss
- cyanosis (bluish skin due to lack of oxygen)
While silicosis-related deaths in the United States have historically been lower than in other countries, recent years have seen an increase in cases, particularly in California. This is believed due to the widespread use of engineered stone countertops with their high silica content.
The disease can also lead to complications including tuberculosis, chronic bronchitis, and emphysema.
Workers may also develop autoimmune diseases such as lupus, rheumatoid arthritis, and scleroderma (or “systemic sclerosis”). These diseases have no cure and can be severely debilitating.
Treatment Options
Doctors focus on alleviating the symptoms and slowing the progress of the disease. Initial treatment typically includes bronchodilators and corticosteroids, which should only be taken under your doctor’s guidance. Bronchodilators help relax the bands of muscle around the airways, improving breathing. Steroids, like Prednisone, reduce inflammation, swelling, and mucus production.
Long-term steroid use can cause serious complications, including weight gain, fluid retention, osteoporosis, and diabetes. As silicosis progresses, patients often require oxygen therapy. In advanced cases, a lung transplant may be necessary.
Do You Have a Legal Claim?
You may have a legal claim if you:
- Worked with stone products for at least six months
- Have been diagnosed with silicosis, lung cancer, emphysema, COPD, or an autoimmune disease like lupus, rheumatoid arthritis, or scleroderma
If you work with stone products, you should watch for early warning signs. Contact your doctor if you have shortness of breath, persistent cough, fevers, fatigue, weight loss, or bluish skin. Similarly, stone fabrication workers experiencing symptoms of autoimmune diseases should consult with their doctor and mention their exposure to silica.
While silicosis traditionally develops decades after exposure, doctors are now seeing silicosis and related illnesses develop in younger workers, many in their 20s and 30s.
This is particularly true for workers in the stone fabrication industry. The use of engineered stone with its high crystalline silica content appears to accelerate the disease’s development.
Industry Risks and Current Health Warnings
Stone Industry Workers Face Highest Risk
Scientific studies indicate that fabricated stone workers, particularly those using hand tools to cut, grind, or polish stone, face the highest risk for silica-related illnesses.
While both natural and engineered stone contain crystallized silica, engineered stone consists of over 90% silica, about double the amount in natural stone. Manufacturers create engineered stone by combining crushed quartz with polyester resin to improve its strength, hardness, and gloss, making it a popular choice for home countertops.
Health Agencies Warn of Rising Cases
Both federal agencies and the California Occupational Safety Hazards Administration have issued warnings about the increased silica illnesses among stone industry workers.
Studies in Australia found 1 out of every 5 workers in the industry had silicosis. Among California’s 4,000 workers in the industry, CalOSHA estimates between 12% and 21% will develop silicosis, and up to 33% may ultimately die from the disease. Of the 96,000 workers in the stone fabrication industry nationwide, between 12,000 and 21,000 will develop silicosis.
Here in California, a study by UCLA and UCSF doctors found that nearly 20% had died among California workers who developed silicosis from grinding countertops. Their median age at death was 46. More than half suffered delays in diagnosing silicosis, as the disease was mistaken for bacterial pneumonia or tuberculosis. Over a third already had severe lung scarring when diagnosed with silicosis.
California’s Most Affected Areas
The majority of California stone workers in the UCLA study were from Pacoima and San Fernando Valley. Pacoima represents the epicenter of the stone fabrication industry in California. Local workers have experienced an increased incidence of silicosis, with a significant percentage being young workers in their 20s, 30s, and 40s.
Workplace Safety Requirements
Because is silica’s dangers, there are extensive regulations governing silica exposure in the workplace.
Employers must:
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Monitor air quality for crystalline silica levels
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Implement controls when exposure exceeds limits
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Use safety equipment including:
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HEPA-filtered vacuums on cutting tools
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Water delivery systems for dust suppression
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Enclosed fabrication areas
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Warning signage
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Provide appropriate respiratory protection
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Ensure regular medical monitoring
When these measures aren’t sufficient, the employer must provide the employee with a HEPA-equipped respirator. Standard surgical masks don’t protect against silica particles, which are about 100 times smaller than a grain of sand. This is why standard surgical masks are ineffective and HEPA-equipped respirators are needed. Employers must also provide periodic medical exams, including a lung function test, chest x-ray, and TB test for workers using respirators more than 30 days annually.
Despite these requirements, many small to mid-size fabricators do not follow silica safety regulations due to cost.
Legal Claims and Options
Silica exposure cases typically involve two types of claims: (1) worker’s compensation claims and (2) product liability and negligence-based claims.
Workers’ Compensation Claims
Workers’ compensation claims are claims against your employer. These claims don’t require proving fault – the worker doesn’t have to prove the employer acted negligently or recklessly. The employer is liable for all injuries. However, worker’s compensation damages may be more limited than a traditional civil lawsuit.
Product Liability Claims
The second type involves traditional negligence and product liability claims against the manufacturers, distributors, and sellers of the silica-containing product. These may include strict liability failure to warn, strict liability design defect, negligent failure to warn, negligent design, and negligent failure to follow safety regulations. Here, the injured worker must show negligence or recklessness by the manufacturer, distributor, or seller.
Filing Deadlines
In California, you typically have two years to file a silica exposure claim from diagnosis or when symptoms first appear, depending on your specific situation.
While our firm focuses on California cases, we can provide guidance about options in other states, as silica exposure affects workers nationwide. We handle all cases on a contingent-fee basis, meaning you pay nothing unless we win your case.