Did you work in quarrying, fabrication, or installation of stone, brick, concrete, or engineered stone in North Carolina? Have you subsequently been diagnosed with lung cancer? If so, there may be a link between your occupation and diagnosis. You could be entitled to compensation if there is.
At Ward Black Law, we know how to prove silica dust caused lung cancer to seek the money you need for your treatment and comfort. Contact us today at (336) 333-2244 for a case review. Initial consultations are free, and you will not owe us attorney’s fees unless we secure financial compensation for you.
Understanding the Link Between Silica Dust Exposure and Lung Cancer
Silica is a chemical compound common in quartz and found in materials such as stone, sand, concrete, brick, and mortar. When workers cut, grind, or crush these materials, they release tiny silica particles into the air. The particles are small enough to travel deep into the lungs when inhaled.
Once inhaled, crystalline silica particles can trigger inflammation and scarring in lung tissue (pulmonary fibrosis), leading to serious and sometimes permanent damage. One of the best-known consequences is chronic silicosis, an incurable occupational lung disease that can make breathing increasingly difficult.
Silica exposure is also associated with chronic obstructive pulmonary disease (COPD), kidney disease, and increased lung cancer risk. One four-decades-long study proving a silicosis and lung cancer link established a 26 to 70 percent increased risk of lung disease among people who work with silica materials, with greater exposure leading to a higher risk of lung cancer mortality.
Workers whose jobs involve cutting, drilling, grinding, crushing, or handling silica-containing materials are most at risk for exposure to silica dust. Particularly at-risk individuals include construction workers, demolition workers, miners, foundry workers, concrete and masonry workers, and employees involved in manufacturing or fabricating stone products.
Key Evidence Needed to Prove Workplace Silica Exposure
One of the most important aspects of a silica-exposure claim is establishing that your lung cancer developed as a consequence of your job. If so, it could make you eligible for workers’ compensation and other work-related benefits.
Because your diagnosis likely happened years or even decades after you were first exposed to silica dust, you will likely need evidence that reconstructs where you were employed, what tasks you performed, and how frequently you encountered silica-containing materials. Evidence for a silica lung cancer claim in NC might include:
- Medical records
- Work history
- Testimony from co-workers
- Information on products you worked with
- Testimony from medical and occupational experts
How to Establish Causation: Linking Your Diagnosis to Specific Job Sites and Tasks
Silicosis is one of the diseases North Carolina law recognizes as an occupational disease. However, lung cancer is not. In other words, you will need to prove that your lung cancer arose from your employment specifically and not other circumstances to qualify for workers’ compensation benefits.
Our asbestos lung cancer attorneys in North Carolina can analyze where you worked, the tasks you performed, the materials you worked with, and whether those factors collectively put you at a higher risk of developing lung cancer than you otherwise would have faced.
Workers’ Compensation vs. Third-Party Lawsuits in North Carolina
If you developed lung cancer because of exposure to silica at work, you could be entitled to workers’ compensation benefits. They can pay for your necessary medical care, offset part of your lost income, and provide you with disability benefits if you’re unable to work at all.
While you generally cannot sue your employer for silica lung cancer in North Carolina, you could have additional personal injury claims against non-employer third parties, such as:
- Manufacturers of silica-containing products or materials
- Equipment manufacturers whose products contributed to unsafe dust exposure
- General contractors or subcontractors responsible for job-site safety
- Property owners who controlled hazardous work conditions
A third-party claim could provide you with compensation not available through the workers’ compensation system, such as the full extent of your lost income as well as pain and suffering damages. Our North Carolina personal injury attorneys can review your situation and advise you on whether you have grounds for a third-party lawsuit in addition to, or instead of, a workers’ comp claim.
Overcoming the Smoker’s Defense: Proving Silica was a Substantial Factor in Your Lung Cancer
If you are or were a smoker, your employer, their workers’ comp insurer, or other liable parties may argue that your use of tobacco caused your lung cancer diagnosis, rather than other lung carcinogens from workplace conditions.
Multiple studies have shown that smoking dramatically worsens the effects of silica inhalation on the lungs. That is one reason why it is so important to have help from an experienced lawyer at Ward Black Law as you pursue your claims. Our attorneys can work with experts in medicine and occupational risk to gather silica dust lung cancer medical evidence supporting your claim. The goal is to establish that silica exposure was a major reason for your diagnosis, even if smoking was also a potential factor.
The Importance of Preserving Evidence
Preserving evidence can be especially challenging in silica-related lung cancer cases. After all, occupational diseases often develop slowly, usually after decades of ongoing exposure. By the time a worker receives a diagnosis, job sites may have closed, companies may have changed ownership, co-workers may have become difficult to locate, and product records may no longer be readily available.
You should not assume, however, that you will be unable to prove your case if you do not already have evidence in hand. In fact, that is one of the key reasons to hire an experienced occupational disease attorney from Ward Black Law. We are ready to work to identify and preserve evidence of your employment and exposure history, bolstering it with the help of expert witnesses.
The sooner you contact Ward Black Law, the sooner we can start gathering evidence to support your right to compensation.
Contact a North Carolina Silica Lung Cancer Exposure Attorney Today
If you’ve been diagnosed with lung cancer and believe it may be related to your work history, turn to Ward Black Law for help pursuing compensation. We genuinely care about the clients we work with and do everything we can to protect their futures.
Contact us today at (336) 333-2244 or contact us online for a free consultation about your case and to learn more about your next steps.
