Countertop fabrication and installation may seem like routine construction work, but for many Arkansas workers, it comes with a hidden and deadly risk: silica dust exposure. If you have developed silicosis or another respiratory illness after working with engineered stone, granite, or quartz countertops, you may be entitled to compensation under Arkansas law.
At Edward O. Moody, P.A., our Arkansas personal injury attorneys know the inherent risks of working with countertops. Silicosis is dangerous and sometimes deadly, but you may be owed significant compensation for your injuries. Schedule a consultation today to learn more.
What Is Silica Dust and Why Is It Dangerous?
Silica is a naturally occurring mineral found in stone, sand, and concrete. When workers cut, grind, or polish materials like quartz or granite, microscopic silica particles are released into the air. Breathing in these particles can lead to serious health conditions, including:
- Silicosis – an incurable lung disease caused by scarring from silica particles
- Chronic Obstructive Pulmonary Disease (COPD)
- Lung cancer
- Kidney disease
Symptoms may take years to develop and include coughing, shortness of breath, fatigue, and chest pain. Arkansas countertop workers, especially those in fabrication shops or on construction sites, are at high risk if proper safety measures are not followed.
Employer Responsibilities Under Arkansas Law
Employers in Arkansas are legally required to provide a safe working environment. This includes:
- Supplying proper respiratory protection
- Installing ventilation systems and wet-cutting tools
- Training workers on silica hazards
- Complying with OSHA’s silica exposure standards
If your employer failed to follow these protocols and you became ill as a result, you may have grounds for a personal injury or workers’ compensation claim.
Legal Options for Countertop Workers Exposed to Silica
Depending on your situation, you may be eligible to pursue one or more of the following legal remedies:
1. Workers’ Compensation
If you were exposed to silica dust while working for an Arkansas employer, you may file a workers’ comp claim. Benefits may include:
- Medical treatment coverage
- Wage replacement
- Permanent disability compensation
Workers’ compensation is a no-fault system, meaning you do not have to prove negligence. Still, you must act quickly. Arkansas law imposes strict deadlines for filing claims.
2. Personal Injury Lawsuit
If your employer or a third party (e.g., equipment manufacturer or property owner) acted negligently, you may be able to file a personal injury lawsuit. This can provide broader compensation, including:
- Pain and suffering
- Future medical costs
- Loss of earning capacity
Our attorneys will investigate whether safety violations, defective equipment, or inadequate training contributed to your exposure.
3. Product Liability Claims
Some countertop materials and tools may carry hidden risks. If a manufacturer failed to warn about silica hazards or sold defective safety gear, you may have a claim against them.
Statute of Limitations in Arkansas
Arkansas law limits the time you have to file a claim:
- Workers’ Compensation: Typically two years from the date of injury or diagnosis
- Personal Injury: Three years from the date of exposure or discovery of illness
Please understand, statutes of limitations may be subject to change depending on your unique circumstances. It is always best to approach a knowledgeable attorney as quickly as possible.
What Evidence Do You Need?
To build a successful claim, you will need:
- Medical records confirming your diagnosis
- Employment history showing silica exposure
- OSHA violation reports (if applicable)
- Witness statements from coworkers
- Documentation of safety practices or lack thereof
Our legal team will help you gather and organize this evidence to support your case.
Contact an Arkansas Personal Injury Attorney for Help with Silica Dust Related Injuries
You may have spent years or decades creating beautiful countertops for customers, but if illness is what you have to show for it, you could be entitled to significant compensation.
Let us evaluate your case and create a personalized plan that fits your needs. Let the dedicated personal injury attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.