Who Can File a Silicosis Lawsuit?

Anyone who is diagnosed with the chronic lung disease known as silicosis from prolonged exposure to silica dust in the workplace may qualify to file a silicosis lawsuit. Employers have a responsibility to adequately safeguard at-risk workers from inhaling silica dust. The development of silicosis points to a breach of this duty, which gives the victim the right to file a lawsuit.

Legal Elements Needed for a Silicosis Lawsuit

Any individual who has been diagnosed with silicosis or a related disease may be eligible to file a lawsuit in pursuit of financial compensation. Secondary diseases linked to silicosis include chronic bronchitis, lupus, kidney disease, lung disease, lung cancer, tuberculosis, rheumatoid arthritis and chronic airway obstruction.

Many silicosis lawsuits filed in Los Angeles, California are based on the legal doctrine of negligence. To be negligent means to act with less than the proper degree of care. If an employer, company, product manufacturer or another party was negligent in failing to prevent foreseeable silica dust exposure, this negligence can lead to seeking compensation in a personal injury lawsuit.

Negligence has four elements: duty of care, breach of duty, causation and damages. Proving negligence requires evidence that the defendant (party being accused) owed the victim a duty of care to prevent silica exposure, negligently breached this duty of care and that this directly resulted in the individual’s silicosis diagnosis.

Silica Exposure in the Workplace

The most common type of plaintiff involved in silicosis lawsuits in California is the worker. Frequent exposure to silica dust, such as what occurs on the job for many workers, increases the odds of developing silicosis over time. Individuals who develop silicosis due to workplace conditions may qualify for workers’ compensation coverage.

It is often possible for workers to file workers’ compensation claims in pursuit of financial compensation for silicosis without having to prove negligence. Silicosis is a common occupational disease connected to exposure to silica dust in work environments – particularly, mining and construction.

Almost all employers in California are required to carry workers’ compensation insurance. You may be eligible for financial benefits without having to prove negligence if you can show that your silicosis stemmed from exposure to silica dust at work. As long as your illness can be connected to your workplace, you can qualify for medical benefits, vocational rehabilitation, lost wages, and more.

Filing on Behalf of a Deceased Loved One

If you are the close relative of a loved one who passed away due to complications of silicosis, you may be able to file a wrongful death claim in pursuit of financial compensation for your family’s loss and related expenses. Damages available can include funeral and burial costs, medical expenses, lost wages and financial contributions, and pain and suffering endured by survivors.

What Is the Statute of Limitations in Los Angeles, CA?

To have a valid silicosis lawsuit, you need to take legal action within California’s statute of limitations. This is a legal deadline that, if missed, could bar you from being able to seek any financial compensation from an at-fault party for this lung disease.

In California, the deadline to file most personal injury cases is two years from the date of injury. Since it can take decades to develop and identify silicosis from the date of silica exposure, the clock on the statute of limitations will not start counting down until the date of reasonable disease discovery.To find out if you qualify as someone eligible to file a silicosis lawsuit in Los Angeles, contact Rose, Klein & Marias, LLP for a free case evaluation.