What are my rights if I worked in a granite shop for 2 years that was 100% dry grinding and even though I always wore a mask, I’m now experiencing respiratory issues?

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What are my rights if I worked in a granite shop for 2 years that was 100% dry grinding and even though I always wore a mask, I’m now experiencing respiratory issues?

I started working at a new granite shop that is 0 wet grinding and in my talks with the new employers they said I probably had silicocis. I said I always wore a mask and they told me it wasn’t the right type of mask, that I should’ve worn a hep filter mask. Also. they told me that my old job isn’t allowed to be 0 dry grind ingredients due to OSHA regulations. I don’t have insurance and I want to find out if I do indeed have silicocis.

Asked on June 19, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your old employer did not provide safe working conditions and/or violated safety rules and regulations, they may be legally liable (finanically responsible) for your injuries and illness: they may have to pay for medical care, some amount for "pain and suffering," lost wages or compensation for a reduction in your earning potential, etc. However, first you'd have to be able to show that they did cause your illness or condition by unsafe working conditions--you can't get them to pay for medical care or a test until you first have evidence (and, if necessary--that is, if they won't voluntarily pay compensation--sue them and win).

Speak to personal injury attorneys, especially ones who deal with workplace illness and injuries: if they feel you have a case, some may have options for you as to how to get the medical test(s) and treatment you need whle you pursue a legal claim.


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