Silica Dust Exposure Lawyer in North Carolina

Every day, countless hardworking people in North Carolina are exposed to one of the more underestimated workplace health risks in the country: silica dust. A byproduct of construction and industrial work, silica dust is invisible and seemingly harmless, yet long-term exposure can lead to severe health complications and even death.

At Ward Black Law, we believe no one should have to endure unsafe working conditions or suffer lasting health consequences just to earn a living. We are ready to help you understand the health risks of silica dust exposure, how to protect yourself from them, and determine when it is time to get help from an occupational illness lawyer at our firm.

Contact us today at (800) 531-9191 to learn more during a free case review with a workplace silica dust exposure attorney at our law firm.

What Is Silica Dust?

Silica dust, also known as crystalline silica, is a common mineral found in materials like stone, concrete, sand, brick, and mortar. It is a key component of various industrial products. Silica dust is released into the air during the cutting, drilling, grinding, or crushing of these materials. Airborne particles of silica dust can be 100 times smaller than a grain of sand and are easily inhaled.

Various industries use processes that produce silica dust, including construction, mining, and manufacturing, for example. Sometimes silica is created in the destruction of things, like concrete or masonry demolition, and other times it is created in the production of things, like stone countertop fabrication and glass manufacturing.

Health Risks and Effects of Silica Dust Exposure

Long-term or intense silica dust exposure can lead to numerous serious and potentially fatal diseases. One of the most well-known is silicosis, a progressive lung disease that causes the buildup of scar tissue (pulmonary fibrosis) in the lungs and reduces the ability to breathe. The respiratory illness can develop after years of silica dust exposure, within months of high-level exposure, and in some cases of extreme exposure, within a few weeks. Unfortunately, silicosis is an incurable lung disease.

Other health and safety risks in the workplace caused by silica dust include:

• Lung cancer – Crystalline silica is classified by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) as a known human carcinogen, putting exposed workers at risk of developing lung cancer.
• Chronic obstructive pulmonary disease (COPD) – Long-term exposure to silica dust can lead to COPD, a chronic lung disease characterized by obstructed airflow and difficult breathing.
• Kidney disease – Silica dust exposure can contribute to kidney damage, eventually leading to kidney disease and renal failure.
• Tuberculosis and other lung infections – The lung damage caused by silica dust can weaken the respiratory system and make it more vulnerable to infections.

The microscopic size of silica dust is what makes it so dangerous. Once inhaled, the particles can lodge deep in the lungs, causing inflammation and scarring that make it progressively more difficult for oxygen to pass into the bloodstream. Early symptoms include shortness of breath, chest pain, and fatigue.

Workplace Exposure Standards and Regulations for Silica Dust

Because of the serious workplace health risks posed by silica dust, OSHA and other regulatory agencies have set strict limits for exposure. For example, OSHA’s Respirable Crystalline Silica Standard requires employers to limit work exposure to no more than 50 micrograms per cubic meter of air on average throughout an 8-hour workday.

OSHA silica dust control standards apply across various industries and include requirements for:

• Measuring and monitoring workplace silica dust levels
• Providing respiratory protection when exposure cannot be otherwise limited
• Offering medical exams for certain workers who have significant exposure
• Training workers on silica’s health and safety risks in the workplace

Employers who fail to meet these requirements can face various penalties, including citations and fines. They may also be held legally responsible for losses related to worker illnesses.

How to Recognize and Assess Silica Hazards

Protecting yourself against silica hazards begins with identifying materials and processes that create dust. If a job involves cutting, grinding, crushing, or drilling stone, brick, or concrete, silica dust is likely present.

Signs that silica dust levels may be high include:

• Visible clouds in the work area
• Accumulation of dust on clothing and surfaces
• Lack of dust suppression systems during silica-producing tasks

Thoroughly assessing the hazard generally requires air monitoring by trained professionals. Employers are responsible for silica dust control, including measuring airborne concentrations and ensuring they do not exceed exposure limits.

Preventing and Controlling Silica Dust Exposure

Some of the most effective means of limiting silica dust exposure include the following:

• Engineering controls – Use water delivery systems to keep dust from becoming airborne, or install local exhaust ventilation to capture dust at the source.
• Work practice controls – Limit the total time workers spend in dusty areas, and schedule dusty tasks when fewer people are present.
• Respiratory protection – Provide NIOSH-approved respirators during dust-producing processes when work practice controls cannot adequately reduce exposure.
• Wet sweeping – Use wet sweeping or HEPA-filtered vacuuming instead of dry sweeping or compressed air, both of which kick up fine dust.
• Training courses – Employers must provide the proper educational courses to employees to ensure that they understand the risks of silica exposure, how to use protective equipment, and how to recognize unsafe conditions.

Workers’ Compensation and Legal Rights for Affected Employees

If you have been diagnosed with an illness related to silica dust exposure, you may be entitled to compensation for your related medical expenses, lost wages, and other losses. In many cases, workers’ compensation is available for occupational exposure without the need to prove employer negligence, but receiving your full benefits can be complicated and challenging. That is where our experienced silica dust exposure attorneys come in.

Our attorneys can help you gather the extensive documentation necessary to demonstrate that you have the condition, connect it to your workplace, and prove the impact it has had on your life. The documents could include medical and financial records, workplace safety reports, and testimony from medical experts. Working with an attorney to build your case can make the difference between a denied claim and receiving full benefits.

In some instances, you may also be entitled to file a silicosis lawsuit for silica dust exposure. That could be true in situations where your employer willfully violated safety regulations, a manufacturer made defective personal protective equipment, or a third-party contractor created the unsafe conditions, for example. Our silica exposure lawyers are ready to review your case and explore all possible legal options with you.

Get Help from Our Silica Dust Exposure Attorneys Now

Ward Black Law has extensive experience protecting the rights of hardworking people in North Carolina who suffer from serious lung diseases after they were exposed to dangerous substances on the job. Our award-winning team of attorneys is ready to fight for the justice and financial stability you deserve.

Contact us today at (800) 531-9191 or contact us online for your free case review from our silica exposure law firm.

Silica Dust FAQs

Which Jobs Have the Highest Risk of Silica Dust Exposure?

Certain industries have a higher risk of exposing workers to silica dust because the work involves cutting, grinding, pulverizing, or working with silica-containing materials such as rocks, concrete, brick, or drywall.

Some examples of lines of work with an increased risk of silica exposure include:

• Construction jobs, including paving and masonry work
• Mining and quarrying jobs
• Sandblasting or paint removal jobs
• Stone material fabrication jobs
• Brick, glass, or ceramics manufacturing
• Oil and gas extraction
• Foundry jobs

How Much Silica Dust Exposure Is Considered Unsafe?

According to the Occupational Safety and Health Administration (OSHA), people can develop chronic diseases like silicosis after 15 to 20 years of occupational exposure to silica dust. However, exposure to very high concentrations of silica dust can cause silicosis and other similar diseases within a few weeks or months.

OSHA regulations require construction companies to ensure that the workplace does not expose employees to more than 25 micrograms of silica dust per cubic meter over an eight-hour period (or 50 micrograms for alternative exposure control methods).

What Are the Early Symptoms of Silica-Related Illnesses?

Common early symptoms of illnesses caused by silica dust exposure include:

• Chronic cough
• Shortness of breath during light activity
• Quickly becoming fatigued
• Muscle weakness
• Chest tightness or discomfort
• Night sweats
• Unexplained weight loss

How Long Does It Take for Silicosis Symptoms to Appear?

Although it usually takes years of occupational exposure for silica-related illnesses to develop, it can take several more years for an affected person to begin experiencing noticeable symptoms.

Can Employers Be Held Responsible for Silica Dust Exposure?

Employers can be financially responsible for employees who develop illnesses from silica dust exposure. In most cases, people who develop silica-related illnesses due to occupational exposure can file workers’ compensation claims to obtain coverage for their medical treatment and partial reimbursement of lost income if their disease impairs their ability to work.

What Compensation May Be Available for Silica Dust Exposure Injuries?

Under the workers’ compensation system, employees who develop medical conditions from silica dust exposure may have the right to recover benefits that include:

• All reasonable and necessary medical treatment for the occupational illness
• Partial wage-replacement benefits that provide financial compensation for an employee who becomes temporarily or permanently unable to work due to an occupational disease
• Per-mile reimbursement for round-trip travel of 20 miles or more for medical care

A personal injury claim can recover additional losses, such as unreimbursed lost income, long-term disability care, and pain and suffering.

Can Family Members Be Exposed to Silica Dust Brought Home on Clothing?

Workers exposed to silica dust at work can also expose their household members to the dust by carrying it home on work clothing, including when family members wash workers’ clothing in the laundry.

How Can a Lawyer Help with a Silica Dust Exposure Claim?

Our occupational illness lawyers can help by reviewing the facts of your silica dust exposure to determine the potential viability of a workers’ compensation or personal injury claim and document expenses or losses to recover in that claim. We are ready to review your situation in a free consultation now.

How Long Do I Have to File a Silica Exposure Claim in North Carolina?

Under North Carolina law, a worker with a silica exposure claim typically has two (2) years from the date they receive a diagnosis linking their condition to occupational exposure, or from the date they should have known that their disease resulted from occupational exposure, to file for workers’ compensation benefits. The statute of limitations is three years on personal injury claims.