“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.”
Justice for Workers Suffering Debilitating Lung Injuries After Working with Engineered Stone and Other Products
There’s an epidemic having a deadly impact on workers who cut, fabricate, and polish countertops made of quartz and other types of engineered stone. At an alarming rate, workers are being diagnosed with severe lung damage caused by silicosis. Once the lungs are scarred due to silica dust, the damage cannot be reversed.
While many workers think their only option for help with this catastrophic disease is to file a workers’ compensation claim, a North Carolina silicosis attorney may be able to obtain substantially more compensation by filing a product liability lawsuit. Product liability claims are a great deal more complicated than workers’ comp claims, and many personal injury attorneys are not prepared to invest in the technical investigations necessary to establish liability.
At Martin & Jones, we have decades of experience fighting for the rights of those injured by harmful products. We also help injured workers receive the maximum available compensation for workers’ comp claims. We are prepared to determine the most effective path to full compensation in silicosis claims based on a worker’s particular circumstances.
Detecting Silicosis: Watch for These Critical Symptoms
To succeed with a silicosis claim, you need a solid medical diagnosis with evidence such as results of lung function tests, medical imaging of the lungs such as chest x-rays or CT scans, and other proof of the severity of your illness. It is important to talk to your doctor about symptoms and be sure that the doctor understands that you worked with products that put you at risk of silicosis or other lung injuries.
Some of the key symptoms to watch for include:
- Persistent cough. This is frequently a dry cough but could produce mucus.
- Shortness of breath. Initially, you may only notice this while you’re doing something strenuous, but as the disease progresses, you may find yourself short of breath even while resting.
- Severe fatigue
- Unexplained weight loss
- Chest pain
The early stages of the disease often do not trigger any symptoms, and when symptoms do appear, they may be attributed to something else. Diagnostic testing should be conducted regularly on workers who are at risk of developing this disease, but manufacturers frequently do not make workers aware of the danger they face because of silica products.
New High-Risk Occupations
Silicosis claims used to involve primarily miners and construction workers. In recent years, new cases are being diagnosed in those who worked around engineered stone countertops.
Engineered materials such as “quartz” are made by combining glue and crushed stone with an extremely high silica content. While marble generally contains less than 10 percent silica and granite typically has a concentration of 30-50 percent silica, slabs of engineered quartz can be more than 90 percent silica.
Workers who cut or polish these slabs continuously inhale crystalline silica dust particles that cause the development of permanent scars in their lungs. These dust particles are so tiny that they bypass the body’s natural defenses. The resins used to bind the crushed stone make the dust particles toxic and reactive once inhaled into the lungs.
Types of Silicosis
Workers in North Carolina with silicosis typically have their cases categorized into one of three types:
- Acute silicosis develops quickly following extreme exposure to silica dust. Severe inflammation and fluid in the air sacs of the lungs can lead to respiratory failure within months.
- Accelerated silicosis often develops between five and ten years after inhaling intense concentrations of silica dust. Scarring and symptoms develop faster than in most cases.
- Chronic silicosis is the most common form of this disease. Long-term exposure to low levels of silica dust generally causes symptoms of lung damage to manifest after 10-20 years. Damage may include small nodules in the lungs (Simple Chronic Silicosis) or large dense scars (Progressive Massive Fibrosis)
Workers need to be aware that signs of silicosis are frequently undetectable in standard chest x-rays. They should ensure that their doctors are aware of the exposure to silica dust and request specific tests such as High-Resolution Computed Tomography (HRCT) scans and Pulmonary Function Tests (PFTs) reviewed by a physician specially trained to identify dust-induced lung diseases.
FAQs About Silicosis Claims in North Carolina
If workers’ compensation laws prohibit lawsuits against employers, how can a North Carolina silicosis attorney file a lawsuit on my behalf?
Silicosis claims based on product liability are usually not filed against the employer but against the companies that manufacture, import, and distribute engineered stone slabs with high-silica content. These companies should have been aware of the risks and have taken steps to warn workers about the dangers but failed to do so. Claims could also be filed against companies that produced defective cutting tools or protective gear.
What is the time limit for filing silicosis claims?
In most personal injury lawsuits, claims must be filed within three years of the injury. In product liability cases, however, the time limit can be extended depending on the circumstances. An experienced North Carolina silicosis attorney knows that because the symptoms of work-related silicosis can take years to develop, courts can adopt longer deadlines in many cases.
Will North Carolina’s contributory negligence law prevent me from recovering damages?
North Carolina’s contributory negligence rules present challenges in every personal injury lawsuit. At Martin & Jones, we prepare cases right from the start so we can present effective arguments backed by evidence showing why our client’s conduct did not contribute to the actionable injuries.
Can I file a product liability lawsuit for silicosis if I already have a workers’ compensation claim?
Since a workers’ compensation claim involves the employer’s statutory obligations and a product liability lawsuit would be addressed to one or more third parties, a North Carolina silicosis attorney can pursue both types of claims for you at the same time. Recovery obtained through one claim may be offset against recovery in the other claim to prevent double recovery.
I worked with granite and marble for years. Why am I getting sick now after working with quartz?
The higher levels of silica found in engineered stone and toxic resin used to bind the stone particles cause lung damage much more quickly and severely than dust generated when working with granite and marble.
How much does it cost to hire a lawyer for a silicosis claim?
At Martin & Jones, we handle silicosis claims on a contingency fee basis. That means you do not pay any legal fees unless our team succeeds in recovering compensation for you. When the case is over, we deduct our fee from the proceeds based on a percentage of the results. So, the eventual cost of hiring a North Carolina silicosis attorney will vary depending on the outcome of your case, but you don’t pay anything out of pocket, and you pay nothing at all if the claim is not successful.
Trust an Experienced North Carolina Silicosis Attorney at Martin & Jones to Fight for Your Future
Because of the extremely high levels of crystalline silica in quartz and other engineered stone products, dust inhalation is causing rapid-onset forms of silicosis to workers in their 40s, 30s, and even 20s. Silicosis is destroying the abilities of workers in what should be the prime of their lives.
We know that’s not fair. While we cannot restore your health, we can fight effectively to obtain compensation to meet your future needs and provide justice for the damage done to your body and your life. This includes amounts for pain, suffering, emotional anguish, lost future wages, and damage to your quality of life.
If you have been diagnosed with silicosis or have symptoms after working with engineered stone countertops, schedule a free consultation with Martin & Jones to learn how we can help you recover resources for the future. To get started, just call us at 800-662-1234 or contact us online now.
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