Exposure to harmful substances in the workplace is a significant issue that affects many industries across Florida, and one of the more dangerous exposures is to silica dust. Silica, a mineral found in materials such as sand, stone, and concrete, can become a hazardous substance when fine particles are inhaled. Over time, breathing in silica dust can lead to serious health complications, including a debilitating lung condition known as silicosis. For workers in industries like construction, mining, and manufacturing, long-term exposure to silica dust is a serious occupational hazard.

Continue reading to learn more about what silica exposure is, the health risks involved, and how Florida’s workers’ compensation laws can help workers who suffer from silica-related illnesses. We'll also explore the specific regulations that govern compensation claims for silica exposure in the workplace, as well as the steps workers can take to protect their rights.

For those experiencing the effects of silica exposure, please consult with a FL workers comp lawyer as soon as possible. The team at Brandon J. Broderick, Attorney at Law is one phone call away.

Understanding Silica Exposure

What is Silica?

Silica is a naturally occurring mineral found in a wide variety of materials, including sand, concrete, granite, and quartz. It becomes dangerous when these materials are cut, ground, or drilled, releasing respirable crystalline silica dust into the air. When workers breathe in this fine dust, it can settle deep in their lungs, causing inflammation and scarring that leads to long-term lung damage.

The most common condition associated with silica exposure is silicosis, a potentially fatal lung disease that can develop after years of exposure. Other related health conditions include lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. These conditions often take years to develop, and by the time symptoms appear, the damage may already be extensive.

Industries Most at Risk

Certain industries pose a higher risk of silica exposure due to the nature of the work involved. Workers in the following industries are among those most commonly exposed to silica dust:

• Construction: Cutting, sawing, and drilling concrete or masonry materials generate silica dust.
• Mining: Workers in quarries and mines are regularly exposed to silica when handling rock and other mineral deposits.
• Manufacturing: Glassmaking, stone cutting, and the production of ceramics are all industries where silica exposure is common.

Employers in these industries are required by law to implement safety measures to reduce workers' exposure to silica dust, but unfortunately, not all workplaces follow these regulations consistently, putting workers at risk.

Workers' Compensation for Silica Exposure in Florida

Florida Workers' Compensation Law

In Florida, workers who suffer from illnesses or injuries caused by their job, including occupational diseases like silicosis, may be entitled to compensation under the state's workers' compensation system. Florida workers' compensation is a no-fault system, which means workers do not need to prove their employer was negligent to receive benefits. Instead, they simply need to show that their illness was caused by their work environment.

Florida’s workers' compensation law covers a range of benefits for workers exposed to silica, including:

• Medical care: Workers are entitled to have all reasonable and necessary medical treatments covered, including doctor visits, medication, diagnostic tests, and even specialized care if needed.
• Temporary disability benefits: If the worker is unable to work due to their illness, they can receive temporary disability benefits equal to a portion of their lost wages.
• Permanent disability benefits: For workers who develop long-term or permanent conditions like silicosis, they may be entitled to permanent disability benefits if they are unable to return to their previous work.
• Death benefits: In tragic cases where silica exposure leads to death, surviving family members may be entitled to death benefits through workers' compensation.

Silica Exposure and Florida Regulations

Florida’s workers' compensation system follows guidelines established by the federal Occupational Safety and Health Administration (OSHA) to protect workers from silica exposure. OSHA has set specific limits on the amount of respirable silica that workers can be exposed to over an 8-hour shift, known as the Permissible Exposure Limit (PEL). Employers are required to monitor silica levels in the workplace, provide proper ventilation, and ensure workers have access to appropriate protective equipment, such as respirators.

Failure to comply with OSHA standards or Florida state regulations regarding silica exposure can be grounds for a workers' compensation claim. In addition, if an employer has failed to take reasonable steps to protect workers from silica exposure, they may be subject to additional penalties or legal action.

Filing a Workers' Compensation Claim for Silica Exposure

If you believe you’ve developed a silica-related illness as a result of your job, it’s essential to act quickly. Florida law imposes strict deadlines, known as statutes of limitations, for filing workers' compensation claims. Generally, workers must report their injury or illness to their employer within 30 days of becoming aware of the condition. For diseases like silicosis, which develop over time, this period typically starts when you first notice symptoms and connect them to your job.

To strengthen your FL workers' compensation claim, it’s important to gather evidence, including:

• Medical records: Showing that your condition is related to silica exposure.
• Workplace documentation: Providing details about your job duties, the presence of silica dust, and any protective measures (or lack thereof) implemented by your employer.
• Witness statements: From co-workers or supervisors who can attest to the conditions you were exposed to on the job.

If your claim is denied or your employer disputes the cause of your illness, seeking legal help can improve your chances of success in the appeals process.

Call Brandon J. Broderick For Legal Help

Navigating Florida workers comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced work injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.