Active case

Toxic Exposure /

Silicosis Lawsuit

Silicosis Lawsuit

Silicosis is an incurable lung disease that inhaling silica dust may cause. See why victims are filing suits.

Connect with an attorney
image of an empty and even scale

Case Overview

Experts believe that 2.3 million workers in the U.S. are exposed to silica in the workplace. Studies suggest this increases their risk of developing silicosis. People diagnosed with the disease after dealing with silica dust on the job are filing silicosis lawsuits seeking compensation for their injuries.

Important silicosis lawsuit updates

  • December 2024: California’s Occupational Safety and Health Standards Board voted to permanently adopt new safety standards regulating silica in the workplace. The board also voted to create a committee to consider other measures designed to protect workers from silica exposure.
  • August 2024: The California Division of Occupational Safety and Health (Cal/OSHA) cited nine Los Angeles-area businesses for silica-related violations. Inspectors issued more than $168,000 in fines after concluding that these businesses violated several regulations.
  • July 2023: The Journal of American Medicine published a study examining the characteristics of 52 artificial stone workers diagnosed with silicosis. The study measured factors such as age at death, insurance status, ethnicity and whether the stone workers received a referral for a transplant.

Key takeaways about silicosis lawsuits

  • Silicosis is a sometimes-fatal lung disease many people have suffered from after being exposed to crystalline silica particles.
  • People who work in construction, mining, manufactured stone fabrication and other similar industries have an increased risk of silica exposure.
  • Workers in the manufactured stone industry have filed silicosis lawsuits. In August 2024, the first plaintiff to go to trial won a more than $52 million jury verdict.

What is silicosis?

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. 

Why are people filing silicosis lawsuits?

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.

Who is eligible to file a silicosis lawsuit?

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

Contact a silicosis lawyer

If you believe you were diagnosed or a loved one was diagnosed with silicosis resulting from workplace exposure, Motley Rice can help you seek justice for the harms experienced.  

To discuss potential legal action, please contact silica exposure attorneys Anne McGinness Kearse or Jacob R. Stout by email or call 1.800.768.4026. 

Silicosis lawsuit settlement amounts

It’s hard to estimate the payout for a favorable verdict in a silicosis lawsuit. The damages awarded will depend on many factors, including the severity of the plaintiff’s condition. 

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. 

Frequently asked questions (FAQs) about silicosis lawsuits

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.

Our experience with silicosis lawsuits

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

Read more on our toxic exposure experience.

What is silicosis?

Why are people filing silicosis lawsuits?

Who is eligible to file a silicosis lawsuit?

Silicosis lawsuit settlement amounts

Frequently asked questions (FAQs) about silicosis lawsuits

Our experience with silicosis lawsuits

About the Author

Sources
  1. Agency for Toxic Substances and Disease Registry. ToxFAQsTM for Silica.
  2. American Lung Association. Learn About Silicosis.
  3. American Lung Association. Silicosis Symptoms and Diagnosis.
  4. Australian Government — Department of Employment and Workplace Relations. Prohibition on the use of engineered stone.
  5. Australian Government — Department of Employment Relations and Workplace Relations. Why is the ban happening?
  6. California Department of Public Health. To: Healthcare Providers and Local Health Departments, Global Epidemic Comes to California: Silicosis in Countertop Workers 7/25/2023.
  7. Canadian Centre for Occupational Health and Safety. Diseases, Disorders and Injuries.
  8. City of Los Angeles Economic & Workforce Development Department. Silicosis Health Advisory for Stone Fabrication Workers.
  9. Cleveland Clinic. Silicosis.
  10. Fazio JC, Gandhi SA, Flattery J, et al. Silicosis Among Immigrant Engineered Stone (Quartz) Countertop Fabrication Workers in California. JAMA Intern Med. 2023;183(9):991–998. doi:10.1001/jamainternmed.2023.3295.
  11. Los Angeles Times. Incurable silicosis cost a countertop cutter his lungs. Are these companies at fault?
  12. NBC Los Angeles. SoCal man with silicosis wins lawsuit against makers of artificial stone slabs.
  13. Reuters. South Africa miners reach 5 billion rand silicosis settlement with mining companies.
  14. Senator Caroline Menjivar. Addressing The Alarming Rise Of Silicosis Diagnoses Among Workers In San Fernando Valley.
  15. St. Vincent’s Hospital Lung Health. Silicosis.
  16. State of California — Department of Industrial Relations. Cal/OSHA cites nine employers in Sun Valley for silica health and safety violations.
  17. State of California — Department of Industrial Relations. Standards Board Votes to Adopt Permanent Standard Protecting Workers from Silica Hazards.
  18. Stone-Tech. What Is Engineered Stone?
  19. Superior Court Of The State Of California For The County Of San Francisco. Perez vs. All Natural Stone Berkeley Inc. et al, CGC-24-619192.
  20. U.S. Centers for Disease Control and Prevention. Outbreak of Silicosis among Engineered Stone Countertop Workers in Four States.
  21. U.S. Centers for Disease Control and Prevention. Symptoms and Medical Monitoring.
  22. University of California San Francisco. Deadly Dust: Engineered Stone Is Making California Workers Sick.
  23. University of Toronto. Working With Silica.
  24. University of Washington. What is silica?