Understanding Your Rights After a Quartz Countertop Injury

Understanding Your Rights After a Quartz Countertop Injury

(Silicosis, Lung Damage & Toxic-Dust Exposure Explained)

1. Why Engineered-Stone Countertops Are More Dangerous Than Granite or Marble

“Quartz” countertops are an engineered composite—about 90 percent ground crystalline silica bound together with resins and pigments. Cutting, polishing, drilling, or even dry sweeping the dust releases ultrafine respirable crystalline silica (RCS) that can embed deep in the lungs. OSHA lists four major diseases tied to RCS—silicosis, lung cancer, chronic obstructive pulmonary disease (COPD) and kidney failure—all of which may be permanent or fatal. osha.gov

2. Injuries & Diseases We See Most Often

Recent medical surveillance in California found dozens of countertop fabricators diagnosed in their 20s and 30s—many already needing lung transplants. stacks.cdc.gov

3. Where & How Exposure Happens

• Fabrication shops (sawing, edge-profiling, polishing)

• Installation sites (field cuts, sanding seams)

• Demolition/Remodels (breaking old slabs)

• Dry sweeping slurry or using high-speed grinders without water suppression or HEPA vacuums

Even brief unprotected tasks can exceed OSHA’s permissible exposure limit of 50 µg/m³ over an 8-hour shift. osha.gov

4. What Safety Rules Apply?

• OSHA Silica Standard (29 CFR 1910.1053 & 1926.1153) – mandates engineering controls, wet cutting, local exhaust, respirators, and regular medical exams.

• OSHA 2023–24 Enforcement Initiative – targeted inspections of engineered-stone shops nationwide; non-compliant employers face six-figure fines and willful-violation citations. osha.gov

A company’s failure to follow these rules is powerful evidence of negligence in civil litigation.

5. Your Legal Rights & Potential Claims

1. Negligence & Gross Negligence – against fabricators, general contractors, or shop owners who ignored safety regulations.

2. Product-Liability / Failure-to-Warn – suits against slab manufacturers or tool makers that sold ultra-high-silica products without adequate warnings or dust-control instructions.

3. Workers’ Compensation – no-fault benefits for medical bills and lost wages; BUT you may still pursue a separate third-party suit for full tort damages.

4. Breach of Warranty & Misrepresentation – if suppliers marketed engineered stone as “safe” or “low dust.”

5. Premises Liability – claims against property owners who allowed hazardous dust conditions during remodels.

6. Who Can Be Held Responsible?

• Countertop manufacturers and importers

• Local fabrication shops and installers

• General contractors & site supervisors

• Safety-equipment vendors (if respirators were defective)

• Commercial property owners where exposure occurred

A Los Angeles jury recently returned a $52.4 million verdict for a single countertop fabricator against three engineered-stone makers—underscoring the real value of these claims. publichealthwatch.org

7. Statutes of Limitation & the “Discovery Rule”

Because silicosis may not manifest for years, many states apply a “discovery rule”: the clock starts when you knew or should have known your illness was linked to silica dust.

• Missouri & Kansas: 5-year and 2-year personal-injury limits, respectively.

• California & Texas: typically 2 years, but occupational-disease exceptions can extend the deadline.

Missing even one day can bar your claim—so act promptly. Understanding when a statute of limitations begins to run is a complex question of law and facts which requires a thorough analysis by an experienced attorney. If you believe you may have been injured around quartz countertops, contact an attorney immediately to perform an individual analysis. 

8. Five Critical Steps to Protect Your Claim

1. Seek a pulmonary specialist and request HRCT scans—not just chest X-rays.

2. Document every exposure job site (dates, tasks, employer, products used).

3. Preserve evidence – unused slabs, dust samples, masks, work orders, safety-data sheets.

4. Keep all employment and union medical-surveillance records.

5. Contact an experienced silica-injury lawyer before speaking with insurers.

9. Damages You May Be Entitled To

• Past & future medical bills (including lung transplant costs)

• Lost wages and diminished earning capacity

• Pain, suffering, and loss of normal life

• Vocational retraining or disability adaptations

• Wrongful-death benefits for surviving family

10. Why Humphrey, Farrington & McClain?

For over 40 years our firm has pioneered toxic-exposure cases, recovering eight- and nine-figure verdicts that forced sweeping industry safety changes—from flame-arrestors on plastic gas cans to banning toxic hair products. We treat every quartz-countertop injury as a stand-alone case, not just another file in an MDL warehouse—ensuring your story is heard and your recovery maximized.

11. Frequently Asked Questions

Q: Do I have a case if I was an independent contractor?
A: Yes. You may sue product manufacturers and negligent site owners even if you received a 1099.

Q: What if I smoked?
A: Smoking does not bar recovery; it may affect lung cancer causation evidence, but silica is an independent risk factor.

Q: Can family members file suit?
A: Dependents may pursue wrongful-death or loss-of-consortium claims if a loved one dies or becomes permanently disabled.

12. Free Case Review

If you or a loved one has been diagnosed with silicosis or another respiratory illness after working with quartz countertops, call (816) 836-5050 or use our secure online form for a no-cost, confidential consultation. Translators are available for Spanish. Please email us ahead of time and we will promptly call back with our Spanish speaking staff.

Disclaimer

This post is for educational purposes only and does not create an attorney-client relationship. Legal outcomes depend on your specific facts and jurisdiction. Consult qualified counsel about your particular situation.

Endnotes (Plain-Text References)

1. OSHA, Silica, Crystalline—Overview (accessed 2025).

2. OSHA Enforcement Memo, Respirable Crystalline Silica Focused Inspection Initiative in the Engineered Stone Fabrication and Installation Industries (Sept. 22 2023).

3. CDC/NIOSH, Active Surveillance of Engineered Stone Workers in California (MMWR, 2024).

4. Los Angeles Superior Court, Gonzalez v. Caesarstone et al., Verdict Aug. 8 2024.

5. AboutLawsuits.com, Silicosis Lawsuit Filed Over Quartz Countertops (Oct. 30 2024).

6. Silicosis.com, 2024 Settlement Values & Litigation Updates (Feb. 2025).