What is silicosis?
Silicosis can occur after workers inhale tiny particles of crystalline silica, a mineral commonly found in materials like granite, marble, quartz, sand, and concrete. When silica is mined, cut, or processed for products such as countertops, fine silica dust is released into the air. Over time, inhaling these particles can damage the lungs, leading to inflammation, scarring, and fibrous tissue buildup that makes breathing difficult.
Silicosis can also develop in 1 of 3 forms:
- Chronic silicosis occurs after more than 10 years of exposure to silica dust and can lead to progressive massive fibrosis.
- Subacute (accelerated) silicosis develops after 2 to 5 years of high-level exposure, causing faster lung damage even though exposure time is less.
- Acute silicosis can occur within a few months of intense exposure to silica, often resulting in severe lung damage in a short time.
If you’re exposed to silica dust at work for any length of time, it’s important to contact a medical professional if you have noticed any changes in breathing or other symptoms that may point to silicosis.
Can I file for workers’ comp for silicosis in NC?
Yes, you can file for workers’ compensation for silicosis in North Carolina. Most North Carolina businesses that employ 3 or more people are required to carry workers’ compensation insurance, which covers work-related injuries and occupational diseases like silicosis caused by workplace exposure to silica dust.
However, there are some exceptions to this rule. Workers’ compensation coverage is not required for agricultural employers with fewer than 10 employees, certain sawmill and logging operations, railroad operations, domestic employees, and independent contractors. If you fall under one of these workers’ comp exceptions, you may need to explore other legal options, like civil litigation, to seek compensation for your illness.
What benefits can I get from workers’ comp for silicosis in NC?
If you’ve developed silicosis due to workplace exposure in North Carolina, workers’ compensation offers the following types of benefits to help cover medical care, lost wages, and other essential needs:
Medical benefits. Workers’ compensation covers all necessary medical treatment related to silicosis, including doctor visits, hospital care, medications, surgeries, and therapies needed to manage the disease.
Wage replacement benefits. If silicosis prevents you from working, you may receive wage replacement benefits. These help compensate for lost income while you recover, or they can provide ongoing compensation through permanent total disability (PTD) if you can no longer work due to the illness. Workers are typically entitled to compensation equal to two-thirds of their average weekly wage.
Vocational rehabilitation. If silicosis leaves you unable to return to your previous job but still able to work in some capacity, workers’ compensation can provide vocational rehabilitation services to help you train for and find new employment.
Death benefits. If silicosis results in your death, workers’ compensation provides death benefits to your dependents, including coverage for funeral expenses and continued financial support.
Please note that the amount of compensation you can receive depends on the severity of your illness, and it is negotiable.
To ensure you get maximum benefits to provide you and your family with the long-term financial support you need, discuss your case with a local work injury attorney before accepting a settlement offer.
How do I file for workers’ comp for silicosis in NC?
Filing a workers’ compensation claim for silicosis is crucial to getting the medical care and benefits you need.
Workers should take these steps to file a workers’ comp claim in North Carolina:
- Seek medical care. Visit an employer-approved doctor as soon as you suspect you have silicosis to ensure your condition is properly documented and treated. Accurate medical records will be essential to your claim.
- Notify your employer. Inform your employer in writing about your condition within 30 days. This written notice is important for meeting workers’ compensation deadlines.
- Submit Form 18. Complete and file Form 18 with the North Carolina Industrial Commission (NCIC) to officially start your claim. You should file this form as soon as possible, but no later than 2 years after the diagnosis or onset of your illness.
- Await a response. Once the insurance company receives your Form 18, they have 14 days to provide written notice on whether they accept or deny your claim.
- Consider hiring an attorney. To maximize your benefits and navigate the process smoothly, consider hiring a workers’ comp attorney, especially if your claim is denied or delayed. An attorney can help accurately calculate the value of your claim and negotiate on your behalf to secure the full compensation you deserve.
Need help with a silicosis workers’ comp claim in North Carolina?
Filing for workers’ compensation for silicosis can be a complex and stressful process, but having the right legal guidance from the beginning can ensure you receive the benefits you need without unnecessary delays or denials.
With more than 85 years of combined experience, the skilled workers’ compensation attorneys at Wilder Pantazis Law Group are dedicated to helping injured workers in North and South Carolina get the compensation they’re rightfully owed. We offer free consultations and work on a contingency basis, meaning you won’t pay a penny unless we win your case.
Contact Wilder Pantazis Law Group today for a free, no-obligation consultation and learn how we can assist you in securing the compensation you deserve. Let us help ease the burden so you can focus on your health and recovery.
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