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Silicosis Lawsuits & Silica Dust

By Aaron Larson
March, 2005

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Silica, also known as silicon dioxide, occurs naturally in large quantities, and is often found within sand and rock. In its natural form it cannot ordinarily be inhaled. However, when silica is used in construction materials, silica dust can be released when those materials are cut or installed, and that dust may be inhaled by workers. Silica may also be released during the process of sandblasting, and as a consequence silicosis is sometimes also called "sandblasting disease". Silica dust is now considered as hazardous to human health as is exposure to asbestos.

What Is Silica?

"Silica" is the common name for silicon dioxide (SiO2), a compound formed from a combination of silicon and oxygen. Silica can exist both in crystalline and noncrystalline forms. Quartz is the most common natural form of silica. Silica is also found in agate, flint, beach sand, and sandstone. Silica is the main ingredient in glass.

What Is Silicosis?

Silicosis is an incurable and progressive disease of the lungs, classified as a fibrogenic pneumoconiosis, resulting from the inhalation of silica dust. As a result of inhalation, lung injury occurs resulting in the formation of scar tissue. Silicosis is characterized by discrete nodular pulmonary fibrosis and, as the disease progresses, by conglomerate fibrosis and respiratory impairment. People who suffer from silicosis are at increased risk of other lung diseases, such as bronchitis and lung cancer.

Silica dust is most frequently found in mining and constructions settings, and in the production of glass and ceramics. As a consequence, workers in foundry, mining, ship yards and construction settings are more likely to have been exposed to silica dust, with an associated risk of developing silicosis. Risk of silicosis increases with the length of time a worker is exposed to silica dust, and also with the amount of dust to which a worker is exposed.

There are three forms of silicosis:

Silicosis Litigation

Litigation arising from silicosis and silica dust exposure can be premised upon a number of theories. For example, a lawyer may allege that an employer is liable as a consequence of its failure to provide sufficient safety equipment or warnings about exposure to silica dust. Claims against an employer often takes the form of a workers' compensation claim.

Silicosis lawsuits may be directed at manufacturers of silica-based products, including manufacturers of abrasives and sandblasting compounds. Such a claim will typically allege that the manufacturer's product was not reasonably safe or did not meet industry or government health and safety standards. Manufacturers of safety equipment may also find themselves subject to suit, if worker exposure to silica dust resulted from the inadequate performance of their products. The manufacturers of certain equipment, such as mining equipment, may be subject to suit if the design of their products resulted in the exposure of workers to unreasonable amounts of silica dust.

About The Author
Aaron Larson is a Michigan lawyer whose practice emphasizes civil appeals and litigation consulting. Copyright © 2005, Aaron Larson, all rights reserved.
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