Silica is a naturally occurring, standard material found in sand, granite, and soil, and is used in a variety of building materials, such as glass, concrete, and masonry. As substances containing silica are chipped or chiseled away, small particles of silica dust are released into the air. In recent decades, we have learned that people who inhale silica dust are at a significant risk of respiratory problems and chronic lung diseases, including silicosis and lung cancer.
Workers in construction and other building trades are particularly vulnerable to silica-related health problems due to prolonged exposure. Many seek compensation for severe, preventable health conditions that affect their quality of life.
Federal Safety Guidelines to Prevent Silica Exposure
Because we now understand the risks to workers exposed to silica dust in agriculture, construction, manufacturing, mining, and other industries, the federal government has strict safety standards in place to protect workers. In addition to limits on the acceptable silica dust levels in the workplace, the Occupational Safety and Health Administration (OSHA) requires employers to:
- Use and maintain dust control systems
- Require workers to wear washable or disposable protective clothing
- Require workers to shower and change before leaving the job site
- Require workers to use respirators in toxic environments
- Post information and train workers on the risks of silica dust exposure
Employers who fail to adhere to OSHA’s safety requirements may be liable for silica exposure damages.
Liability and Silica Dust Health Problems
Workers suffering from silicosis or other chronic illnesses caused by silica exposure generally have three options for seeking compensation for medical expenses incurred due to their loss of income when they are physically unable to work.
- Workers’ Compensation claim: Workers’ Compensation benefits cover medical bills and lost wages
- Third-Party Personal Injury lawsuit: If the disease can be traced back to the manufacturer of a silica-based product
- Class action claim: When a group of people is exposed to silica dust
If you have been exposed to silica dust and have concerns about the risk for disease or have already been diagnosed with health conditions caused by toxic exposure, it is time to contact an experienced attorney. A Workers’ Compensation lawyer can review your situation, explain your legal options, and help you take the first step to recover compensation for your preventable condition.
Rhoades & Morrow Advocates for Workers Exposed to Silica Dust
While silica is an essential resource used in ways that benefit our everyday lives, workers who are not protected from inhaling its dust have a significant risk of contracting serious, incurable diseases. If your employer failed to protect you from silica exposure, the DE Workers’ Compensation lawyers at Rhoades & Morrow can help address the financial impact of a serious illness. Contact us online for a free consultation. We are located in Newark, Milford, Lewes, and Wilmington, and proudly represent workers throughout the state, including Elsmere and Seaford.
