Dangers of Silica Exposure in Countertop Manufacturing and Installation – Know Your Rights to Compensation for Silicosis Injuries in NJ
In the past, natural stone and wood were common choices for countertops. As technology advanced, laminate became a popular choice. Today, engineered stone, or synthetic stone, has become increasingly popular. This growth stems from more homeowners doing residential bathroom and kitchen remodels and trends that favor multiple bathrooms and larger kitchens, as well as homeowners’ increased interest in wet bars, islands, and outdoor kitchens. Add to that more luxury homes and an increase in commercial business construction, both of which demand features that are aesthetically pleasing and durable, and the increased demand for elegant, appealing, and sturdy engineered stone is easy to understand. However, the production of these countertops is not without danger for those who work hard to create them.
Residential Countertop Materials – A Practical Overview
Countertops are often a personal preference for the homeowner or business building a home. Some people prefer butcher block (wood) countertops, while others prefer marble, quartz, or granite. For decades, laminate has been the most popular choice for countertops due to its affordability, wide selection of options, and ability to mimic the more expensive materials such as granite or marble.
Laminate is also extremely durable, standing up well to the many uses of these countertops, such as slicing, dicing, and setting hot dishes on kitchen countertops, and heated hair appliances such as curling irons, straighteners, and hair dryers, plus the many assaults children launch, such as drawing with markers or splashing water everywhere. Engineered stone, such as quartz, has proven to be just as durable, if not more so, as laminate. Engineered stone is also becoming cheaper, though still more expensive than laminate, and is very low maintenance. Available in a variety of patterns, colors, and textures, engineered stone also increases the resale value of a property.
High Silica Content Makes Quartz Countertops Risky for Workers
Though quartz is a naturally occurring crystalline mineral, quartz countertops are not made from this mineral alone. Instead, they are made by crushing this quartz and mixing it with a variety of resins and dyes. Crushing the quartz and mixing it with these resins and dyes results in a higher concentration of pure silica than occurs in the quartz by itself. This silica becomes airborne and the workers who are making the countertops breathe it in. Over time, as many as 10 to 30 years, this exposure can result in the workers developing silicosis.
It is important to note that this is a bigger concern with quartz countertops than marble or granite because the concentration of silica is much higher. Marble and granite also contain silica, but only approximately 30%, compared to quartz containing 90% silica. This makes quartz a greater danger in production, but it does not mean that marble and granite do not contribute if the workers work with all three stones.
Industries and Activities That Can Lead to Silicosis
While homeowners may rest easy knowing that their quartz countertops will not give them silicosis, those who produce those countertops may be at risk. It is not just those who cut, polish, and install the finished product who are at risk, however. Individuals who work in mining and hydraulic fracturing (fracking), ceramics manufacturing, foundry work, and construction workers who engage in jackhammering, sandblasting, tunneling, asphalt milling, concrete and brick cutting, or rock drilling and chipping are all at risk of silicosis. Stone countertop fabricators may be at higher risk due to the prolonged exposure and potentially enclosed spaces in which they are working.
All About Silicosis: Disease, Types, and Effects
Silicosis is a disease that affects the lungs after the affected individual breathes in tiny particles of silica, or silicon dioxide, over long periods of time. There are three different types of silicosis: chronic, subacute, and acute. None of them can be cured at this time, though they can be managed with different treatments.
Chronic
When workers have been exposed to breathable silica dust for more than 10 years, they may develop chronic silicosis. Chronic silicosis has two subtypes, simple and progressive massive fibrosis. Simple silicosis is the most common, with smaller nodules, and is often asymptomatic (without symptoms). Progressive massive fibrosis has larger nodules, is more severe, and is often fatal.
Subacute
Subacute silicosis is also called accelerated silicosis. This form of silicosis occurs more quickly than chronic silicosis, happening with just two to five years of exposure. The duration of exposure is shorter, but the level of exposure is much heavier, thus resulting in the acceleration of the disease.
Acute
Acute silicosis is the result of intense exposure over a short period of time, such as a few months. The intense exposure is to particles made up of a large percentage of silica. This exposure is even more intense than that of subacute silicosis.
Common Signs and Detection Methods for Silicosis
Silicosis is not always symptomatic. This means an individual may have the disease but show no signs of it. Their first indication of having silicosis may be the result of imaging or pulmonary function tests, bronchoalveolar lavage (a test that “washes” the lungs and allows doctors to examine the extracted fluid), or lung biopsies for other reasons. They may also only find out when they undergo a medical exam at work if their employer offers such exams to monitor their exposure to silica.
In cases where the individual does show symptoms of silicosis, the three main symptoms include a persistent cough (which may bring up sputum), inflammation (swelling), and fibrosis (scarring). Those three symptoms can result in shortness of breath, weakness, fatigue, and unintentional weight loss.
Understanding the Progressive Effects of Silicosis
The long-term effects of silicosis depend on several factors, including the individual’s age, health history, length, and level of exposure to silica. Whether there is continued exposure to silica will also determine what effects the individual may have. Those diagnosed with silicosis may develop a variety of complications, including tuberculosis and other infections. Lung cancer, chronic bronchitis, and chronic kidney disease are also potential complications these individuals may face in the future. They may also develop autoimmune diseases such as scleroderma, lupus, or rheumatoid arthritis.
Stopping the use of tobacco products, avoiding other lung irritants, getting any vaccines recommended by health providers, and using respirators and proper procedures if the individual continues working with silica products can also help improve their outlook.
Essential Medical Care Options for Silicosis Patients
While researchers are working on potential treatments for silica, unfortunately, there is currently no cure. However, there are several treatment and management options that may be used. First, workers who have been diagnosed with silicosis should stop smoking or using any tobacco products immediately. Next, they should use personal protective equipment or consider changing jobs if that is an option. Unfortunately, many of the individuals who do this work are undocumented workers who fear changing jobs as it may expose their status and put them at risk of deportation.
Other options include using a bronchodilator to improve airflow to the lungs and, if needed, using supplemental oxygen. Pneumonia and flu vaccines can help protect airways, which are further inflamed by these illnesses, making breathing even more difficult for silicosis patients. In advanced cases, doctors may recommend lung transplants, but because many of these workers are undocumented, they are also often uninsured or underinsured and, therefore, unable to get a transplant.
There are clinical trials and other ongoing research seeking additional treatment options and cures for silicosis. Researchers are exploring the possibility that antifibrotics may treat some forms of silicosis.
From Production to Installation – Identifying Silica Exposure Points
Two of the biggest factors that lead to silicosis when working with countertop fabrication and installation are prolonged silica exposure and the enclosed spaces in which the work is done. First, countertop fabrication and installation often means being exposed to airborne silica particles for most, if not all, of the fabricator’s work day. Cutting, crushing, and otherwise processing the materials to make quartz countertops releases silica particles into the air, where they can remain airborne for hours or even days. Even after the particles have settled on surfaces such as floors and tabletops, the air currents of people walking by breezes created by air conditioners, doors opening or closing, or outside breezes through open doors can all stir up the particles and cause them to be airborne again.
Additionally, this work is often done dry and in enclosed spaces. Cutting, crushing, and otherwise processing quarts, when done dry, release more silica particles into the air than if the same tasks are done wet. When done wet, the water helps to reduce the number of airborne silica particles. Because this work must be done regardless of weather conditions, it is often done in warehouses and other buildings. While these spaces may be large and seem airy to look at, they prevent the airborne silica particles from being blown away by breezes. Instead, the particles hang in what is often still air, as these spaces are frequently not heated or cooled artificially. The particles settle on the floor, table and countertops, shelves, railings, and rafters, where they can be stirred up again by a breeze or an air current to swirl through the air before settling again. These particles are added to each day, increasing the amount that the fabricators are exposed to.
Even installing countertops in a home or commercial building involves danger. The installation process often involves cutting, drilling, sanding, and polishing, all of which release silica particles. The enclosed space of the kitchen, bathroom, or other interior room may not ensure adequate ventilation to ensure the installer does not breathe in these particles.
Exploring Precautionary Methods to Reduce Silica Exposure
There are preventative measures that can be taken to reduce the risk of countertop fabricators and installers developing silicosis. One of the simplest measures is for employers to provide workers with respirators to filter out the silica particles. Respirators with an N95 filter are effective at capturing at least 95% of silica particles, and P100 filters filter out 99.97% of silica dust. This effectiveness level also requires consistent use by workers, a proper fit with a tight seal, and regular maintenance and replacement.
Another effective preventative measure is using wet methods. Many saws, drills, sanders, and other equipment used to fabricate engineered stone, like quartz countertops, can be equipped to spray water on the surface being cut, drilled, sanded, polished, or otherwise processed. This water will capture the silica dust before it can become airborne, capturing it at the source. When wet methods are unavailable, a vacuum dust collection system (VDCS) can also reduce silica particles in the air, though it is less effective than wet methods.
Working in well-ventilated areas is another way to reduce the risk of silicosis. Cutting, drilling, sanding and polishing outdoors whenever possible, installing fans in enclosed spaces that push the air outdoors, and ensuring there are plenty of open doors and windows can all help increase ventilation.
Compensation Rights for Workers Affected by Silicosis in New Jersey
Employees have multiple options when affected by silicosis. First, they can file a workers’ compensation claim that will provide for their medical care and, depending on the circumstances, also pay lost wages in the form of temporary or permanent disability or death benefits. They may also be able to file a lawsuit against their employer. Additionally, whether they have been diagnosed with silicosis or are simply concerned about the possibility, these workers have the right to appropriate protective equipment, such as respirators that filter out silica dust. They also have the right to a well-ventilated work area and to request safer work methods, such as wet methods, to reduce silica dust.
Getting Workers’ Compensation Benefits for Job-Related Silicosis in NJ
Many individuals who work with engineered stone countertops are undocumented. They often do not realize that they are still eligible for workers’ compensation benefits if they develop silicosis on the job. Workers’ compensation offers full coverage for all reasonable and necessary medical treatments, as well as temporary disability if the individual is unable to work. If the individual is permanently unable to work due to the silicosis, they may also be eligible for permanent disability benefits. If they die as a result of their silicosis diagnosis, workers’ compensation will also pay death benefits to their dependents.
In order to receive these benefits, the individual must file a workers’ compensation claim within two years of learning that they have silicosis and its connection to their current or previous employment. They must also be able to show a direct link between their job and their silicosis diagnosis. This is often proven with medical evidence and may include a statement from a medical professional offering their expert opinion that the silicosis is work-related.
Understanding Employer Responsibility for Silica Dust Exposure Injuries in New Jersey
While many other work-related illness and diseases offer workers’ compensation as the only remedy, silicosis patients may also be able to file a lawsuit against their employer in New Jersey. The reason this is allowed is that most employers have a clear legal responsibility to protect their workers from silicosis. These employers are expected to take specific precautions against exposure to silica dust. Failure to do so can leave the employer liable for negligence if a worker develops silicosis, and this negligence allows the worker to file a lawsuit in addition to, or instead of, their workers’ compensation claim.
Compensatory and Punitive Damages in NJ Silicosis Lawsuits
If the individual is able to file a lawsuit for silicosis, they may be able to recover damages such as lost wages, medical expenses, and pain and suffering. If the employer’s negligence was egregious (extremely bad or shocking), the individual may also receive punitive damages. Specific amounts for these damages are based on the individual’s particular case, including the employer’s actions, the severity of the silicosis, and other factors. An attorney may be able to review an individual’s case and help them determine whether they can file a lawsuit instead of, or in conjunction with, a workers’ compensation claim.
Discuss Your Legal Options to Seek Compensation with our New Jersey Silicosis Lawyers
While most people are willing to do any kind of work necessary to support themselves and their families, most are not eager to sacrifice their health for that work. Unfortunately, the dangers of working with synthetic stone such as quartz are not freely discussed so many workers are not aware of the dangers they face when they take a job fabricating or installing quartz or other potentially dangerous countertops. By the time they learn of and understand the dangers, it is often too late: they have already been diagnosed with silicosis. If this has happened to you, our talented team of attorneys at Chamlin, Uliano & Walsh may be able to assist you with filing a workers’ compensation claim, including gathering the necessary medical evidence and proving the connection to your employment.
Additionally, we can review your case and determine whether your employer’s actions were negligent or another party’s negligence was responsible for your silicosis-related injuries, allowing us to file a lawsuit for damages. If you are able to file a lawsuit, our personal injury lawyers have the dedication and skills necessary when gathering the necessary evidence, negotiating a settlement, and representing you in court if the case goes to trial. Contact a workers’ compensation and personal injury lawyer at our West Long Branch, NJ office to discuss your dangerous countertops injury case and learn more about your legal options. We proudly assist workers and their families in pursuing justice and compensation throughout Southern New Jersey, including in Freehold, Middletown, Neptune, Asbury Park, Marlboro, Millstone, Point Pleasant, Brick, Toms River, and across Monmouth and Ocean County. Contact us at 732-440-3950 for a free consultation today.