Costa Mesa Silicosis Lawyer

Costa Mesa Silicosis Attorney

Silicosis is a permanent lung disease caused by breathing in silica dust over time, leading to lung scarring, cough, and trouble breathing. When silicosis is caused by the workplace, it can be overwhelming to know what to do next. A Costa Mesa silicosis lawyer experienced in similar past cases can help you understand your legal rights and options under California law.

Hire a Silicosis Lawyer to Represent Your Case

At Canlas Law Group, our attorneys are known for their passion and dedication to every client that comes into our office. We’ve fought to secure:

• $250,000 for a metal worker who suffered a back injury from lifting a heavy piece of metal at work
• $330,000 for an animal trainer who suffered hip injuries from directing animals during exercises

Past results do not guarantee a similar outcome. We understand that no two cases are the same and require a custom legal strategy to increase the chances of success.

Workers’ Compensation Benefits California Employees Are Entitled to Receive

In 2023, the top job industries in Costa Mesa included retail trade with 7,181 workers, professional, scientific, and technical services with 7,052 workers, and health care and social assistance with 6,569 workers.

That same year, there were 139,000 workplace injuries and illnesses in California that required the worker to take time off work to recover. There were 97,700 cases that involved a job transfer or work restriction due to the extent of the injury or illness. Knowing your rights as a California worker is key to protecting yourself.

Employees are entitled to receive:

1. Medical treatment. This includes doctor and hospital visits, travel costs related to care, medications, medical supplies and devices, and home health care, if needed.
2. Partial wages. About two-thirds of your average weekly wage is provided biweekly until you’re able to return to work.

To start receiving these benefits, you’ll first need to inform your employer verbally and in writing, within 30 days of discovering your illness.

Filing a Personal Injury Claim Against Your Employer or a Third-Party

In California, workers typically can’t open legal cases against their employers for workplace injuries or illnesses. This allows them to receive workers’ compensation benefits easily, as they don’t have to prove who was at fault for the incident. However, injured or ill employees may be able to do so if their employer:

1. Knew silica dust was harming you or knew you had early silicosis
2. Lied about it or didn’t tell you
3. Their actions made your condition worse

For example, if they told you the silica dust was safe when they knew it wasn’t, you may be able to file a case against them. However, you can only recover compensation for how much worse the silicosis became because of their cover-up, not for the entire disease.

You can also file a legal claim against a third party if they caused your silicosis. For example, if a product made of silica harmed you, you may be able to open a personal injury case against the product’s manufacturer.

Evidence to Gather for Your Workers’ Compensation Case

Because silicosis develops over a period of time, you’ll want to collect as much evidence as possible to prove your condition was caused by your workplace. This can include:

• Photos and videos of the product that caused your silicosis
• Copies of your medical records
• Copies of any incident reports
• Surveillance footage of any relevant incidents of you working with silica
• Transcripts of relevant 911 calls
• Testimony from anyone who witnessed you handling silica or experiencing silicosis symptoms
• Testimony from professionals who can offer their opinion about what caused your silicosis
• Documentation of your financial losses, such as lost income and medical bills
• Documentation of your emotional losses, such as notes from a therapist or testimony from your loved ones about your mental state since developing silicosis
• Any other proof that can provide clarity about what happened to you

FAQs About Costa Mesa, CA Silicosis Law

What Are Permanent Disability Payments in California?

In California, permanent disability payments are made to workers who have reached maximal medical improvement. This means that their doctor has determined they are unlikely to get better with further medical treatment. Your disability will then be rated, and you’ll start receiving permanent disability payments based on your disability rating, the date of your illness, the amount of money you made before your illness, and whether or not your employer offers you alternative work.

How Much Compensation Can I Recover in a Personal Injury Case?

The amount of compensation you can recover in a personal injury case depends on how much liability the wrongdoer had based on the evidence provided in the case, the severity of your injury, and how extensive your financial and emotional losses are. You can request compensation for pain and suffering, loss of enjoyment of life, disability, disfigurement, medical bills, lost income, and damage to personal belongings.

Can I Recover Punitive Damages in a Personal Injury Case?

If you can prove that the responsible party acted with extreme negligence or malice, you may be able to recover punitive damages in your personal injury case. For example, if you’re able to prove that the product’s manufacturer intentionally omitted safety information about silica, leading to your silicosis, they have to pay you punitive damages on top of regular compensation. This money acts as further punishment and is meant to discourage similar future actions.

How Long Do I Have to File a Personal Injury Claim in California?

Victims in California typically have two years from the date of the incident to file their personal injury claim. For those living in Costa Mesa, you can file your claim at the Costa Mesa Justice Complex, located at 3390 Harbor Boulevard. While this timeline may seem long, it’s important to hire a silicosis lawyer and file quickly to increase your chances of success.

Choose a Trusted Law Firm in California

Reach out to Canlas Law Group today to meet with one of our skilled lawyers at our office in Cerritos. We’re passionate about giving new clients accessible legal knowledge so they can take back control of their lives after experiencing destabilization. We see clients who reside in Los Angeles County, Orange County, San Bernardino County, and throughout Southern California.