Is Silicosis Covered By Workers’ Compensation?

Silicosis is a chronic lung disease that can be caused by exposure to silica-containing products in the workplace. In California, silicosis is generally a covered type of occupational disease under the state’s workers’ compensation laws. Know your rights as a worker and silicosis victim to seek compensation in Los Angeles so that you can take appropriate legal action.

Does Workers’ Comp Cover Silicosis in California?

Yes, workers’ compensation insurance in California generally does cover silicosis. Silicosis is considered an occupational illness or disease for insurance purposes if the victim has records and documentation connecting it to work-related tasks. There must be proof that the case of silicosis arose out of the course and scope of the individual’s employment.

The evidence that may be used to establish this connection includes:

• Medical records
• Diagnostic images of the lungs and chest
• Work history records (dates and employers)
• Specific tasks that involved silica
• A list of materials and tools used at work
• The frequency/duration of silica exposure
• Workplace safety training manuals
• Photos or videos of work conditions
• Air quality samples

As long as an individual has an official silicosis diagnosis and evidence connecting the lung disease to workplace tasks or conditions, this is typically enough to qu

What Is Silicosis?

Silicosis is a chronic lung disease with no known cure. It is caused by inhaling silica dust or particles, which can lead to inflammation and a buildup of scar tissue in the lungs. Silicosis can make it difficult to breathe, as well as cause fatigue, persistent cough, weakness and chest pain. The risk of developing silicosis increases with prolonged exposure.

Silicosis Exposure Risks in the Workplace

Silicosis is commonly diagnosed among individuals who work with silica-containing products and materials for their jobs. Employees who work with silica dust regularly, such as those in construction and stone masonry, are more at risk of developing adverse health effects from frequent exposure and inhalation of this dangerous substance. That is why there are federal safety laws regarding the control and use of silica in the workplace.

What Is the Time Limit to File in Los Angeles, CA?

California’s workers’ compensation laws generally require the reporting of a work-related illness or injury to an employer within 30 days of diagnosis or discovery. Then, you have one year to file a workers’ compensation claim, or two years for a personal injury lawsuit. The clock will start counting down on the date that you knew or reasonably should have known about your silicosis and its connection to your work.

Limitations and Alternatives to Workers’ Compensation

An approved workers’ compensation claim in Los Angeles for a case of silicosis could result in financial compensation for related medical costs, temporary or permanent disability, job displacement, partial lost wages, and death benefits (in the event of worker death). However, workers’ comp does not pay for pain and suffering, emotional distress, punitive damages, or full wage replacement.

A potential option for greater financial compensation as a silicosis victim is filing a personal injury lawsuit in LA. Suing an employer, product manufacturer, property owner, the government or another party for silicosis could result in a higher settlement or judgment award than workers’ compensation alone. You may be eligible for both if someone other than your employer is liable. If you or a loved one has been diagnosed with silicosis in Los Angeles and wish to discuss a potential workers’ compensation claim or lawsuit, contact Rose, Klein & Marias, LLP for a free consultation.