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Silicosis Frequently Asked Questions
- What is Silica?
- What Types of Injuries are Caused by Silica?
- How is Silicosis Diagnosed?
- How is Silicosis Treated?
- Can Exposure to Silica Cause Tuberculosis?
- What Was Known About Silica And When Did The Companies Know It?
- What Legal Options Are Available To Individuals Injured By Silica?
- If I Don’t Remember How I was Exposed to Silica, What Can I do?
- Trades and Occupations With Silica Exposure?
- What Types of Products Contain Silica?
- What Are The Stages Of The Lawsuit And What Is My Involvement?
- How Do You Prove Which Companies Are Responsible For My Injury?
- Will You File My Case As A Class Action Or As An Individual Lawsuit?
- What If My Loved One Had Died Or Is Too Sick To Speak To An Attorney?
- Do I Have To Pay For The Costs Of My Lawsuit?
- Are There Time Limits For Filing A Legal Claim?
- If I Smoked Cigarettes, Can I Still File A Claim Against The Silica Companies?
- Which Companies Are Sued In Silica Cases?
- What are the names of some of the products that contained silica and the masks used by sandblasters?
- How Can I Find Out If I Should File A Silica Lawsuit?
- Is There Going To Be A Trial In My Lawsuit?
- How Long Will It Take For My Lawsuit To Be Completed?
- How Do I Know That Belluck & Fox Will Treat My Family With Dignity And Give Individual Attention To My Case?
- Can I Contact You On Behalf Of My Father, Husband Or Relative?
1. What is Silica?
Silica is a chemical
compound which often occurs in a crystalline
form known as “quartz” or sand.
Crystalline silica is found in soil, sands,
ores, rocks, flint, gravel, slate,
diatomaceous earth, concrete, mortar, plaster,
refractory materials, clay,
limestone, shale, silica flour, bricks, and
abrasives, among other natural and
man-made substances. Crystalline silica is
considered respirable and can be
invisible to the naked eye.
2. What Types of Injuries are
Caused by Silica?
Silicosis, lung cancer, tuberculosis, lupus,
scleroderma, and
rheumatoid arthritis are among the diseases
caused by the inhalation of
respirable crystalline silica particles.
Silicosis is the most common disease
caused by breathing silica, and the oldest known
occupational lung disease. When
crystalline silica particles are inhaled, the
human body sends defense
mechanisms, called macrophages, to try to
destroy the silica particles. However,
the silica particles end up destroying the
macrophages.
After this happens, the lung tissue develops scarring, called fibrosis or Silicosis. Silicosis is usually found in the upper lobes of the lung. On an x-ray, the scarring appears round, or nodular. Silicosis is incurable and nonreversible. As the scarring increases, shortness of breath and breathing difficulty is common. In extreme cases, death may result. Symptoms of silicosis include cough, shortness of breath, wheezing, and repeated chest illnesses. Silicosis is diagnosed through pulmonary function tests, chest x-rays, and a history of occupational exposure to silica.
There are three types of silicosis: Chronic Silicosis; Acute Silicosis; and Accelerated Silicosis.
Chronic silicosis usually occurs after 10 or more years of exposure to crystalline silica at relatively low concentrations.
Acute silicosis occurs from high exposures and can cause symptoms to develop within in a few weeks or up to 5 years.
Accelerated silicosis results from exposure to high concentrations of crystalline silica and develops 5 to 10 years after the initial exposure.
Chronic silicosis, the most common form of the disease, may go undetected for years in the early stages; in fact, a chest X-ray may not reveal an abnormality until after 15 or 20 years of exposure.
Persons with silicosis are at high risk for developing tuberculosis (TB). Silica is believed to interfere with the body’s immune response to the bacteria that causes TB. Annual skin testing to check for exposure to TB is recommended, and treatment with anti-TB drugs is recommended for persons with a positive skin test.
Recent studies have also linked silica exposure to lung cancer.
3. How is Silicosis
diagnosed?
If you are experiencing chronic
shortness of breath and were exposed to
silica, you should contact your health care
provider. Other symptoms of
silicosis include fever, cough, weight loss,
fatigue, cyanosis (bluish skin) and
severe breathing difficulty. Your health care
provider will take a careful
medical history that includes many questions
about your occupational history and
other ways you may have been exposed to silica.
A physical exam, including a
chest x- ay, pulmonary function test and a
purified protein derivative (PPD)
skin test for tuberculosis, will be performed by
your doctor.
4. How is Silicosis treated?
There is no specific treatment for
silicosis, although cough suppression
medications, bronchodilators, and oxygen may be
recommended. Antibiotics may be
prescribed for respiratory infections. Other
considerations for treatment
include smoking cessation and elimination of the
source of silica exposure to
prevent further worsening of the disease. Lung
surgery may also be recommended.
5. Can exposure to Silica
cause Tuberculosis?
Yes. Persons with silicosis are at high
risk for developing tuberculosis
(TB). Silica is believed to interfere with the
body’s immune response to the
bacteria that causes TB. Routine, yearly skin
testing to check for exposure to
TB, is recommended. Treatment with anti-TB drugs
is recommended for persons with
a positive skin test.
6. What Was Known About
Silica And When Did The Companies Know It?
Silicosis was identified hundreds of years
ago as a disease caused by exposure
to silica (sand). In spite of knowing the
dangers of the disease, companies sold
sand to use in sandblasting and other
occupations for decades without warning of
the dangers of exposure to silica.
Silicosis is a preventable illness. With proper respiratory protection and adequate safeguards, no one should develop this disease. Unfortunately, many silica companies have failed to protect workers exposed to airborne silica dust.
Silicosis has been a recognized disease for over 400 years.
- In 1917 the United States Public Health Service called attention to the prevalence of silicosis in foundry workers.
- In the 1930s, silicosis became well-known in the United States as scientific and industrial journals had articles discussing the hazards of silica exposure.
- In 1937, the United State Department of Labor held a National Silicosis Conference to discuss exposure to silica and protections for workers, including respirators and ventilation.
- In 1949, England banned the use of crystalline silica sand as an abrasive blasting agent.
- In the early 1970s, NIOSH recommended that sand be replaced by something else as an abrasive for blasting operations and established the 1974 NIOSH Criteria for a Recommended Standard, Occupational Exposure to Crystalline Silica.
7. What Legal Options Are
Available To Individuals Injured By Silica?
If you
have been diagnosed with silicosis, you can
bring a legal claim against the
manufacturers, sellers, and installers of silica
products and the manufacturers
of inadequate respiratory equipment. Filing a
legal claim can help you address
the medical and financial problems that
silicosis can cause victims and their
families.
If you have been diagnosed with silicosis, you have limited time to file a claim and should contact an attorney about your case. The spouse and family of an injured victim may also be eligible to bring legal claims. To file a claim, contact Belluck & Fox.
Even if you do not recall the precise nature of your exposure to silica or the names of the products to which you were exposed, we use our extensive knowledge of work sites and products to investigate and prosecute your claim. Victims of silicosis and their families should carefully select attorneys who are experienced in product liability litigation. Further, you should hire attorneys who will fully investigate your claim and provide you with individual representation. Belluck & Fox provides fast, professional and personalized legal representation. We will only represent you if we believe that there is a reasonable chance of a successful outcome for you and your family.
8. If I Don’t Remember How I
was Exposed to Silica, What Can I do?
There are many people who suffer from
silicosis but can not recall how or where
they were exposed to silica. In fact, even your
doctor may not be entirely
familiar with the wide range of exposures to
silica. This is especially true
because silica diseases are latent — it can take
years for the symptoms and
injuries caused by silica to appear.
At Belluck & Fox, we devote a substantial amount of time to reviewing your work and life history to identify possible exposures to silica. In many instances, a person may not be aware that certain products contained silica. In addition, we are familiar with the use and presence of silica at many work sites and factories, including powerhouses, shipyards, schools and large buildings. We can find the witnesses and documents that will help establish your exposure to silica.
Belluck & Fox spends hours researching and investigating each silica case. We also use our substantial experience to help us investigate how you were exposed to silica and the companies responsible for your exposure. Our inventory of cases is limited to clients with serious injuries and we devote significant time and resources to each case.
9. Trades and Occupations
With Silica Exposure?
Click the following link to find a list of trades and occupations with
silica exposure.
10. What Types of Products
Contain Silica?
Abrasives
Cement
Coal Dust
Concrete
Graphite
Grits
Joint Compounds
Mica
Mineral Products
Paints
Pavement
Plant Materials
Plastics
Polishing Material
Sands
Silicates
Slag
Soapstone
12. How Do You Prove Which
Companies Are Responsible For My Injury?
As part of our representation, we fully
investigate and prosecute each
individual case. We will fully interview you and
other witnesses, such as your
coworkers. We also have a vast library of
documents and testimony from and about
the companies that made silica products —
documents and testimony that we have
gathered in other cases. This information can be
used in your case. We will also
gather additional evidence in your case,
including new documents from the silica
companies and additional testimony about the
products that were used at your
worksites.
Belluck & Fox prides itself on our commitment to investigating each case. We handle each case individually. From the initial meeting, we will start our research and investigation of your claims, and we will continue to represent you throughout every phase of your case.
13. Will You File My Case As
A Class Action Or As An Individual Lawsuit?
Each
claim that we file is an individual lawsuit. We
do not file class actions for
silica cases. An individual lawsuit maximizes
your opportunity to receive
compensation. It also provides us an opportunity
to present the unique and
compelling aspects of each case. We take great
pride in our relationships with
our clients, and will represent you as an
individual.
14. What If My Loved One Had
Died Or Is Too Sick To Speak To An Attorney?
By the time a person is diagnosed with
silicosis or tuberculosis, they are often
too ill to participate in their own case. In
some cases, your loved one may have
passed away before a lawsuit was brought and
before they were able to testify on
their own behalf.
If an individual is unable to testify, we work closely with family, friends and co-workers to establish the facts we need to successfully prosecute the case. We also have access to a vast array of resources to secure information about the products to which your loved one was exposed.
If the individual has died, we can file a claim through the administrator or the executor of the estate, and also on behalf of the victim’s relatives. If your family member (parent, spouse) has been diagnosed with a silica disease, or died from these illnesses, contact Belluck & Fox for an evaluation of your case.
15. Do I Have To Pay For The
Costs Of My Lawsuit?
If you decide to retain our
services, we will work for you and your family
on a contingency basis. This
means that we do not receive a fee unless we our
successful in obtaining
settlements or recovering compensation for you
and your family. Otherwise, you
will not be billed for our services.
While the case is pending, we advance the costs of working on your case. Once the case is completed, the expenses and legal fees in your case are deducted from the money we recover on your behalf, and you and your family receive the remaining money from your settlements.
If you are considering hiring Belluck & Fox to prosecute your claim, one of our attorneys will sit down with you and answer any questions you may have about the contingency agreement. It is important to us that you are fully aware of the details of the contract before we begin to work on your claim. We will give you a copy of the retainer contract so that you may review it and discuss it with us at any time.
16. Are There Time Limits
For Filing A Legal Claim?
There are laws in every state which limit the
time for individuals and their families to file
claims for silicosis. If you do
not file your case within these time limits, you
will likely be barred from
receiving compensation for your injuries. If you
or a loved one have been
diagnosed with silicosis, it is important that
you
contact an
attorney immediately.
17. If I Smoked Cigarettes,
Can I Still File A Claim Against The Silica
Companies?
If you smoked in the past or are presently
smoking, and have been
diagnosed with silicosis, you can still file a
claim against the silica
companies.
18. Which Companies Are Sued
In Silica Cases?
The typical entities that are
sued in silica cases are:
- manufacturers of silica-containing products;
- suppliers that provided the materials to the work site; and,
- companies that made inadequate masks and respirators.
We typically do not sue your employer due to workers’ compensation laws. Instead, we work with you and your family to identify the manufacturers, sellers, distributors, suppliers and contractors that were responsible for your exposure to silica.
19. What are the names of
some of the products that contained silica and
the
masks used by sandblasters?
Blasting Sands such as:
Black Diamond
Clemtex
Ferro
Flint
FosterDixiana
Glas – Shot
Humble Abrasive FlintHumble SandIndependent
Lone Star
Miracle Blast
Ocean
Ottawa
Pangborn
Picher Flint
Rotoblast
SilTEXBLAST
Sandblasting Hoods and Helmets, such as:
3M
E.D. Bullard
Cesco
Clemco
Clemtex
Cyclone
Empire
Encon
McDonald
MSA
Pangborn
Pulmosan
Sand-All
Sanstrom
Sly
Wheeler
Willson
20. How Can I Find Out If I
Should File A Silica Lawsuit?
We
carefully select our cases in order to devote
personal attention to each and
every client. If you or a loved one has been
diagnosed with silicosis, contact
Belluck & Fox, and we will respond within 24
hours to promptly evaluate your
case. There is no charge for this evaluation. We
will only represent you and
your family if we believe there is a reasonable
likelihood of a successful
outcome in your case.
21. Is There Going To Be A
Trial In My Lawsuit?
As with any lawsuit, we make
every effort to resolve your case without a
trial. In many instances, we are
able to fully resolve your case without a trial.
However, in some cases, a
responsible party will refuse to pay you and
your family fair compensation for
your injuries, and a trial is necessary to
assure that justice is achieved for
you and your family. As experienced trial
lawyers, Belluck & Fox’s attorneys are
fully prepared to prosecute your case from start
to finish, including a trial.
From the time we first meet with you, we consider and act upon your wishes and priorities. There are clients who want to have a trial so that their claims are heard by a jury of their peers. There are also clients who, for a variety of reasons, do not prefer a trial, and we work closely with these clients to advise them about their options for resolving their claims without a trial proceeding. At all stages of the case, including the decision regarding whether to proceed to trial, our first priority is you and your family.
22. How Long Will It Take
For My Lawsuit To Be Completed?
As experienced
attorneys specializing in silica litigation, we
make every effort to advance
your case as quickly as possible. If you have
been diagnosed with silicosis, we
will make every effort to start resolving your
case within one year.
23. How Do I Know That
Belluck & Fox Will Treat My Family With Dignity
And Give
Individual Attention To My Case?
One of the cornerstones of our practice is
that we provide personalized representation to
each of our clients. You and
family will be working directly with one of our
lawyers. We spend significant
time investigating and researching each case,
and we maintain frequent contact
with our clients. You will be able to contact us
at home and on weekends, and we
will make every effort to respect you and your
family’s privacy. We are
committed to treating you and your family with
respect and deference. We will
advise you of your legal rights and obligations
at every step of the case, and
will find the right balance to help you and your
family.
24. Can I Contact You On Behalf Of My Father, Husband Or Relative?
Yes. If your father, husband or other relative has been diagnosed with silicosis, please contact Belluck & Fox. We will work with you to help your family protect your legal rights and receive full and fair compensation for these injuries. We have significant experience working with the families of silica victims. To contact Belluck & Fox, simply fill out our online contact form.
546 Fifth Ave, 4th Floor
New York, NY 10036
