| Silicosis is considered a highly preventable | | | | to an employee's health occured. If employers |
| illness but invididuals who suffer from this | | | | fail to prove that they provided the best |
| condition are should take steps to protect | | | | possible protection against silica exposure |
| themselves from further harm, especially if | | | | or are found to have failed to fully follow |
| they contracted silicosis at the workplace. | | | | health and safety regulations, they are |
| Employers are responsible for providing safe | | | | responsible for damages and compensation to |
| and healthy environments for workers, or, if | | | | affected workers. |
| this is not possible, providing a clear | | | | |
| distinction of the threat of silica exposure | | | | What To Expect In Silica Litigation |
| and steps to prevent or lessen the risk. | | | | |
| | | | You've received medical attention for your |
| What Should Employers Do? | | | | silica-related illness. You've consulted with |
| | | | an experienced silica attorney who has |
| Compliance with OSHA (Occupational Safety and | | | | verified that you could be eligible for |
| Health Administration) and MSHA (Mine Safety | | | | compensation and damages for your |
| and Health Administration) regulations is | | | | occupational silica exposure. How do I to |
| absolutely vital for employers. Both OSHA and | | | | better understand silicosis lawsuits? |
| MHSA have established guidelines for the safe | | | | |
| amount of silica that workers may be exposed | | | | Expect the litigation process to be long and |
| to in any given shift. However, given broad | | | | often exhausting. As a silica litigant, you |
| medical evidence for the dangers of silica | | | | will be required to disclose often sensitive |
| exposure to workers, mere compliance is no | | | | medical information in the name of the |
| longer enough for employers. Employers must | | | | lengthy discovery process. Be ready to |
| be prepared to shoulder the burden of true | | | | undergo an Independent Medical Examination |
| silica precautions that protect their workers | | | | (IME) in which an independent doctor |
| and minimize the chance of costly and lengthy | | | | diagnoses your silica-related illness and |
| silica litigation. For example, employers | | | | evaluates your medical history. In addition, |
| should be prepared to provide disposable or | | | | the discovery process may uncover your |
| washable work garments and the proper washing | | | | employment and other records. A jury trial |
| facilities so that workers do not take toxic | | | | will be the next step if a settlement is not |
| silica dust home with them. They should | | | | reached. |
| participate in surveillance and air | | | | |
| monitoring programs to assess and evaluate | | | | Your attorney may hire an expert witness or |
| the amount of silica dust workers are being | | | | two with experience in silica exposure and |
| exposed to. During the work period, employers | | | | other occupational hazards. These experts |
| must provide proper respiratory protection | | | | will provide detailed testimony and reports |
| for employees at risk for exposure to silica | | | | for trial. In addition, your attorney may |
| dust. | | | | stage a mock trial or invest significant |
| | | | funds in exhibit and technological |
| Negligence and Silica Law Suits | | | | preparation for trial day. A jury of an |
| | | | individual's peers will listen to a victim's |
| Unfortunately, silicosis has a long | | | | testimony, which, when using these measures, |
| incubation period and may not show up in | | | | will be compelling. Individuals severely |
| exposed workers until years, even decades, | | | | affected by silica exposure are advised to |
| after original exposure. The burden of proof | | | | develop a silica lawsuit in which monetary |
| is placed on an employer when silica | | | | compensation may be awarded, and this will |
| litigation is developed, thus placing | | | | provide relief from the costly medical bills |
| responsibility on the employer if negligence | | | | often associated with this condition. |