Silicosis Lawsuit

Silicosis is an incurable lung disease linked to inhaling silica dust. Surface fabricators, construction workers, miners and other trade workers are often exposed to silica at work. 

Silicosis symptoms vary with the type of silicosis an individual is dealing with. Early silicosis symptoms often include persistent coughing, inflammation and lung tissue scarring. 

Silicosis is an issue in various parts of the world. Tens of thousands of South African gold miners and their dependents sued mining companies for failing to protect them from silica dust exposure. Australia has also banned the manufacture of artificial stone because it presents certain dangers.

Causes of silicosis

There are two forms of silica: crystalline and non-crystalline (sometimes referred to as amorphous silica). Respirable crystalline silica (RCS) — crystalline silica small enough to inhale — can be dangerous to lung health. Crystalline silicosis is commonly found in construction materials. Silica dust is a potential hazard in workplaces where materials that contain crystalline silica are cut, demolished, drilled, ground or sanded. 

Smaller particles, which can be inhaled deeply into the lungs, are more likely to contribute to silicosis. The body can expel some amounts of silica dust. But high amounts of silica exposure can overwhelm the lungs, allowing silica dust to collect. 

Consult your healthcare provider if you suspect you have an illness related to silica exposure.

Types of silicosis

There are three types of silicosis:

• Acute silicosis can develop within weeks or months of being exposed to large amounts of silica dust. It can cause fluid to fill parts of the lung, potentially becoming fatal.
• Accelerated silicosis (or subacute) can develop in a shorter amount of time. It’s typically related to heavier exposure.
• Chronic silicosis typically develops from exposure to low levels of silica particles for 10 years or longer. 

Who is being diagnosed with silicosis?

Artificial stone workers and surface fabricators are at high risk of silica exposure, which can lead to silicosis. The California Department of Health claims that more than 1,000 countertop fabrication workers worldwide have been diagnosed with silicosis since 2010. The agency has identified more than 70 California-based artificial stone workers diagnosed since 2019. At least 10 of the California workers — the majority in their 30s or 40s — have died. 

Workers are suing artificial stone companies, alleging that working with the unfinished product caused them to develop silicosis. Engineered stone, often used in kitchen countertops, is made by mixing crushed quartz and a resin that binds all the material. According to the CDC, these products typically contain far more crystalline silica than natural stone.

People who developed silicosis after being exposed to crystalline silica in their workplace may be eligible to sue. A silicosis lawsuit attorney will need to work with you to determine whether your silicosis diagnosis is related to exposure in your workplace. People of certain trades are likely at higher risk. Some of these trades include: 

• Stone countertop manufacturing
• Ceramics
• Construction
• Demolition
• Glassmaking
• Masonry
• Metal working
• Mining/quarrying
• Pottery
• Sandblasting

It can be difficult to estimate the payout or settlement amount for a favorable verdict in a silicosis lawsuit. The damages awarded will depend on many factors, including the severity of the plaintiff’s medical condition, silica dust exposure amounts and other unique facts of the case.

Some silicosis claims have ended in settlements for plaintiffs, including:

• In late summer 2024, a jury awarded $52.4 million in damages to a 34-year-old California man who required a lung transplant to extend his life by potentially six years. Motley Rice wasn’t involved in this lawsuit.
• In 2018, lawyers representing South African gold miners obtained a settlement valued at more than $360 million, the first class action settlement of its kind in South Africa’s history. The payout amounts varied based on the severity of the individual plaintiff’s silicosis symptoms. Motley Rice attorneys consulted on the historic litigation.  

A knowledgeable silicosis attorney can help you determine your legal options for compensation. 

Can you sue for silicosis?

Yes, it’s possible to sue if you believe you have contracted silicosis because of conditions in your workplace. An attorney can help you seek damages for:

• Lost wages
• Medical expenses
• Pain and suffering
• Punitive damages

Is there a silicosis class action lawsuit?

No, there is not currently a class action lawsuit for silicosis victims. If the number of lawsuits continues to grow, a mass tort such as a class action lawsuit or multidistrict litigation (MDL) could result.

Motley Rice attorneys work to hold companies accountable for exposing employees to toxins and harmful substances. Our law firm has represented people exposed to:

• AFFF firefighting foam
• Asbestos
• Contaminated water at Camp Lejeune
• PFAS, also known as forever chemicals
• Paraquat weed killer
• Roundup® herbicide

Read more on our toxic exposure experience.