| Given what we know about the toxic, even fatal, | | | | litigation places the burden of proof on employers |
| effects of silica exposure in the workplace, it is | | | | who need to prove that they were not negligent |
| more vital than ever for employers to comply | | | | in their silica exposure. If employers fail to prove |
| with local, state, and federal laws governing silica | | | | that they provided the best possible protection |
| exposure. The crystalline toxin, which causes such | | | | against silica exposure or are found to have failed |
| fatal diseases as silicosis, pneumonia and even | | | | to fully follow health and safety regulations, they |
| tuberculosis, is extremely dangerous - but with | | | | are responsible for damages and compensation to |
| the proper safety measures, silicosis and other | | | | affected workers. |
| occupational diseases related to silica exposure are | | | | What To Expect In Silica Litigation |
| entirely preventable. | | | | 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 | | | | What does a silica litigation entail? |
| 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. If your case does not settle, it will |
| washable work garments and the proper washing | | | | prepare for jury trial. |
| facilities so that workers do not take toxic silica | | | | Your attorney may hire an expert witness or |
| dust home with them. | | | | two with experience in silica exposure and other |
| They should participate in surveillance and air | | | | occupational hazards. These experts will provide |
| monitoring programs to assess and evaluate the | | | | detailed testimony and reports for trial. In addition, |
| amount of silica dust workers are being exposed | | | | your attorney may stage a mock trial or invest |
| to. And they should provide the best possible | | | | significant funds in exhibit and technological |
| respiratory protection for workers who will be | | | | preparation for trial day. |
| exposed to toxic silica dust in the normal course | | | | These measures will ensure that your testimony |
| of business. | | | | is both convincing and compelling to a jury of your |
| Negligence and Silica Law Suits | | | | peers. If your silica law suit is found in your favor, |
| Unfortunately, silicosis has a long incubation period | | | | you may be eligible for monetary compensation |
| and may not show up in exposed workers until | | | | including but not limited to attorney's fees, lost |
| years, even decades, after original exposure. Silica | | | | wages, pain and suffering, and future medical care. |