Given what we know about the toxic, even fatal, effects of
silica exposure in the workplace, it is more vital than
ever for employers to comply with local, state, and federal
laws governing silica exposure. The crystalline toxin,
which causes such fatal diseases as silicosis, pneumonia
and even tuberculosis, is extremely dangerous - but with
the proper safety measures, silicosis and other
occupational diseases related to silica exposure are
entirely preventable.
What Should Employers Do?
Compliance with OSHA (Occupational Safety and Health
Administration) and MSHA (Mine Safety and Health
Administration) regulations is absolutely vital for
employers. Both OSHA and MHSA have established guidelines
for the safe amount of silica that workers may be exposed
to in any given shift. However, given broad medical
evidence for the dangers of silica exposure to workers,
mere compliance is no longer enough for employers.
Employers must be prepared to shoulder the burden of true
silica precautions that protect their workers and minimize
the chance of costly and lengthy silica litigation. For
example, employers should be prepared to provide disposable
or washable work garments and the proper washing facilities
so that workers do not take toxic silica dust home with
them. They should participate in surveillance and air
monitoring programs to assess and evaluate the amount of
silica dust workers are being exposed to. And they should
provide the best possible respiratory protection for
workers who will be exposed to toxic silica dust in the
normal course of business.
Negligence and Silica Law Suits
Unfortunately, silicosis has a long incubation period and
may not show up in exposed workers until years, even
decades, after original exposure. Silica litigation places
the burden of proof on employers who need to prove that
they were not negligent in their silica exposure. If
employers fail to prove that they provided the best
possible protection against silica exposure or are found to
have failed to fully follow health and safety regulations,
they are responsible for damages and compensation to
affected workers.
What To Expect In Silica Litigation
You've received medical attention for your silica-related
illness. You've consulted with an experienced silica
attorney who has verified that you could be eligible for
compensation and damages for your occupational silica
exposure. What does a silica litigation entail?
Expect the litigation process to be long and often
exhausting. As a silica litigant, you will be required to
disclose often sensitive medical information in the name of
the lengthy discovery process. Be ready to undergo an
Independent Medical Examination (IME) in which an
independent doctor diagnoses your silica-related illness
and evaluates your medical history. In addition, the
discovery process may uncover your employment and other
records. If your case does not settle, it will prepare for
jury trial.
Your attorney may hire an expert witness or two with
experience in silica exposure and other occupational
hazards. These experts will provide detailed testimony and
reports for trial. In addition, your attorney may stage a
mock trial or invest significant funds in exhibit and
technological preparation for trial day. These measures
will ensure that your testimony is both convincing and
compelling to a jury of your peers. If your silica law suit
is found in your favor, you may be eligible for monetary
compensation including but not limited to attorney's fees,
lost wages, pain and suffering, and future medical care.
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Learn more about silica exposure at
http://silica.legalview.com/ and for more information on
other legal issues such as the Singulair risks, Chantix
side effects or potential for a levaquin class action
lawsuit, visit the LegalView homepage at
http://www.LegalView.com where individuals can find an
array of legal topics.
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