We represent Georgia injured workers diagnosed with lung damage from silica dust from working with quartz countertops
Silicosis is the most common occupational lung disease worldwide. It’s a type of pulmonary fibrosis caused by long-term inhalation of silica, a mineral commonly found in rocks and soil.
If you’ve been diagnosed with lung disease and suffer permanent health damage from exposure to dangerous silica dust and working with quartz countertops, get an attorney now.
Workers exposed to silica dust from cutting or installing quartz countertops who are diagnosed with pneumoconiosis or silicosis may qualify for various forms of assistance, including workers’ compensation, Social Security disability benefits, and potential compensation from the manufacturers of quartz and other engineered countertop products.
Our attorneys are accepting the cases of countertop installers, stone cutters and construction workers who developed the lung disease silicosis after being exposed to the dust produced by cutting and installing quartz countertops.
Fight back to secure the compensation you deserve.
Silicosis lung damage is preventable. Manufacturers and employers failed you.
Respiratory damage from silicosis is cruel and unforgiving. The disease is preventable. But once you get it, it’s incurable.
According to the NIH, silicosis is the most prevalent occupational lung disease globally. Once contracted, the lung damage is irreversible. Tragically, silicosis is entirely preventable with proper workplace safety measures.
However, countless employers have failed to prioritize worker safety, leaving countless individuals to suffer the consequences.
What causes silicosis and pulmonary fibrosis?
Pulmonary fibrosis is the inflammation and scarring of the upper lobes of the lungs. The causes of pulmonary fibrosis are often numerous and difficult to identify. In those cases, the disease is referred to as idiopathic pulmonary fibrosis.
However, there is a direct link between silicosis and long-term exposure to silica-saturated air.
Causes of occupational silicosis
Silicosis is an occupational hazard to workers wherever silica dust is present. Workers most at risk of silica exposure include:
- Construction workers
- Miners
- Foundry workers
- Sandblasters
- Stone cutters
- Oil and gas workers
- Glass-cutting and manufacturing workers
Serious silicosis usually requires long-term and high levels of exposure to silica dust.
Symptoms of silicosis lung disease
While silicosis is not cancerous, silicosis and other forms of pulmonary fibrosis can be debilitating.
Symptoms include:
- Shortness of breath
- Cough
- Fever
- Cyanosis (bluish skin)
It can also lead to:
- Chest pain
- Rifts in fingernails
- Weight loss
Numerous additional lung ailments can also develop as a result of silicosis.
In the news:
August 7, 2024 – An Orange County stone countertop cutter was awarded $44 million in a landmark silicosis lawsuit.
A groundbreaking verdict was handed down in favor of a 34-year-old stonecutter, Gustavo Reyes Gonzalez, who developed silicosis from exposure to silica dust while cutting engineered stone countertops.
The jury found three companies involved in the manufacturing and distribution of engineered stone liable for Reyes Gonzalez’s suffering.
The companies were found negligent in failing to adequately warn about the dangers of silica dust and protect workers.
- Economic damages: Over $8 million
- Non-economic damages (emotional distress, pain and suffering): Over $44 million (the final amount will be determined based on the percentage of responsibility assigned to each defendant)
This injury case highlighted the devastating impact of silicosis on workers. Mr. Gonzalez will be facing multiple lung transplants, a lifetime of medication, and the inability to have children.
The verdict could set a precedent for future cases involving silicosis and the engineered stone industry.
Luxury’s hidden cost: The human toll of quartz countertop production
Quartz countertops offer a sleek and modern look that has become synonymous with luxury living.
However, behind the glamorous facade lies a harsh reality for the workers tasked with cutting, grinding, and polishing quartz countertops: They are exposed to toxic silica dust, a microscopic killer.
Unlike the relatively lower levels of silica found in natural stones like marble and granite, quartz countertops contain an alarmingly high concentration of this harmful substance.
| Countertop material | % of silica content in dust |
|---|---|
| Quartz | 93-95% |
| Granite | 10-45% |
| Marble | 3-5% |
Silica particles are so small they can easily bypass respiratory protection and embed themselves in lung tissue, leading to irreversible damage.
Despite advancements in technology, such as the use of wet saws, the risk of silica dust exposure remains a significant threat to countertop workers.
Nothing is worth destroying your lungs.
Once damaged, your lungs can never fully heal.
We’ll fight for you to receive lifetime care and compensation.
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Is occupational silicosis covered under workers’ compensation?
Silicosis is classified as an occupational disease, which means that workers diagnosed with silicosis are eligible for workers’ compensation benefits under Georgia law.
However, like any other workers’ compensation claim, lung damage from silica dust must have occurred on the job to qualify for compensation.
This raises several questions:
Who has the burden to prove the connection? Must the job be the sole cause of silicosis?
Workers’ compensation is a no-fault system, but this does not eliminate the issue of whether the silicosis was job-related. To be eligible for workers’ compensation, your silicosis has to meet the criteria for an occupational disease as defined by Georgia law.
O.C.G.A. §34-9-280 defines it as follows:
(2) “Occupational disease” means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee’s dependents first prove to the satisfaction of the State Board of Workers’ Compensation all of the following:
(A) A direct causal connection between the conditions under which the work is performed and the disease;
(B) That the disease followed as a natural incident of exposure by reason of the employment;
(C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
(D) That the disease is not an ordinary disease of life to which the general public is exposed;
(E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
An employee making a workers’ compensation claim for silicosis has the burden of proof, which has 2 main steps.
- The first step is to show that silicosis fits within the generally understood concept of an occupational disease.
- The second step is to show that your occupational silicosis didn’t also have an origin unrelated to your job.
Often, silicosis can be inextricably linked by evidence to your workplace environment.
Don’t be deterred—seek legal counsel
The burden of proof challenges shouldn’t deter you from pursuing a workers’ compensation claim for silicosis.
You have the right to a safe workplace, protection against retaliation, and legal recourse if your rights are violated.
The first issue for consideration is whether to seek compensation under the workers’ compensation system or by another avenue such as a personal injury claim, product liability claim or wrongful death claim.
Workers’ compensation claims usually have the advantage of the no-fault system. The employee doesn’t have to prove that the employer was at fault. However, Georgia’s stringent burden of proof for occupational diseases somewhat limits that advantage.
Also, workers’ compensation does not allow for compensation for pain and suffering, which can be pursued under a personal injury claim. Moreover, workers’ compensation doesn’t provide for negligence claims against third parties, whereas a personal injury action, product liability or wrongful claim is not as limited.
When you file a claim, your employer’s or other defendant’s insurance company will be represented by experienced lawyers. Their sole responsibility is to minimize financial exposure to their client. Your welfare is secondary. Only an experienced workers’ compensation lawyer can give you the legal advice you need to make an informed and educated decision.
At Gerber & Elkins Workers’ Compensation Attorneys, our attorneys have decades of experience helping injured workers.
We’re now accepting cases for countertop installers, stone cutters, and construction workers who developed silicosis from cutting and installing quartz countertops.
If you’ve been diagnosed with silicosis and believe your exposure at work or through a product is to blame, whether it’s for a workers’ compensation or personal injury claim, contact us today for a free consultation.
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