Michigan silicosis lawyer explains potential benefits under workers’ compensation and third-party lawsuits for employees working in the stone countertop fabrication industry.
Our attorneys have over 30 years of experience helping employees who suffer from occupational lung diseases. Silicosis is becoming increasingly common for individuals working in quartz countertop fabrication. Silicosis is an incurable lung disease that can lead to severe lung inflammation and permanent scarring (fibrosis). Here is some information that every Michigan employee needs to know about potential workers’ compensation benefits and third-party lawsuits.
What is silicosis?
According to the Cleveland Clinic: Silicosis is a lung disease that can develop from breathing in silica dust, usually around mining and construction sites. Symptoms include a long-lasting cough, problems breathing, inflammation in your airways and scarring in your lung tissue. Individuals can develop acute silicosis (sudden) after silica dust exposure for as little as 5 years or less and chronic silicosis (long-term) after 10 years of exposure. Symptoms include coughing, shortness of breath, and fatigue. Scarring in your lung tissue (pulmonary fibrosis) is a common symptom that makes it hard to breath. Silicosis is a permanent condition that can also lead to autoimmune disease, kidney problems, and lung cancer. It requires lifetime medical treatment and monitoring.
Who is at risk of exposure?
Most people develop silicosis because they breathe in silica dust at their jobs. Symptoms are not always noticeable at first, but lungs get damaged over time. Silicosis rates are improving through better safety protocols, but this lung disease remains a serious problem.
Michigan State University – Occupational and Environmental Medicine is an excellent resource for data collection regarding work-related silica exposure in our state. It notes that emerging industries like engineered stone countertop fabrication is responsible for silica hazards.
People who work in the countertop industry doing stone fabrication are especially susceptible to silica dust exposure. It has been reported that quartz, the main mineral used in engineered stone countertops, contains over 90% crystalline silica.
Available workers’ compensation benefits in Michigan
Michigan law protects employees who develop silicosis from their jobs. It covers occupational lung diseases under workers’ compensation. Benefits include medical treatment and lost wages.
Medical
Employees who find themselves with a diagnosis of silicosis are entitled to unlimited medical treatment. MCL 418.315(1). All reasonable, necessary, and related treatment should be covered 100% without any copayments or deductibles being owed. This includes payment of attendant care should a person need assistance with activities of daily living.
Lost Wages
Employees who are unable to work because of silicosis can also collect wage loss benefits. The amount paid should equal 80% of their after-tax average weekly wage. MCL 418.301(7). This calculation should include overtime pay, discontinued fringe benefits, and even second jobs that cannot be performed anymore.
Settlement
Many of our clients opt to settle their occupational disease claims. This is when they trade workers’ compensation benefits for a lump sum payment through a redemption. MCL 418.835. It is critical to have experienced workers’ compensation lawyers on your side before negotiation begins. Insurance companies want to pay the less amount of money possible, and they do not care about disabled employees or their family.
Survivor’s benefits
Families who have lost a loved one because of silicosis can file a workers’ compensation claim for 500 weeks of survivor’s benefits. MCL 418.321. Children under the age of 16 are presumed dependent and can seek additional benefits up to age 21. MCL 418.331.
Potential third-party lawsuits against manufacturers and suppliers
Employees who find themselves with a diagnosis of silicosis can also sue a negligent third-party. MCL 418.827. This is not their employer but stone countertop manufacturers and suppliers. Employees may recover any amount which the employee or his or her dependents or personal representative would be entitled to recover in an action in tort. This includes wrongful death, pain and suffering, and loss of consortium. These are complicated lawsuits and you need experienced legal counsel.
If you have been diagnosed with silicosis? Call our attorneys now!
If you have developed an occupational disease known as silicosis, you have legal rights under workers’ compensation. Call now at (844) 708-1667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here to help.
For more than 30 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential claim. Our law firm has represented injured and disabled workers exclusively for more than 30 years. Call (844) 708-1667 for a free consultation today.
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