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