Despite the cheesy title of this article, the silica exclusion in your general liability, work comp, and umbrella polices are no something to gloss over. Take this nation-wide law firm that specializes in silicosis liablity claims:
Or this one that specializes in silicosis related work comp claims:
The amazing thing is that these attorneys are winning. Check this $7,000,000+ claim that was awarded in Mississippi: https://www.aboutlawsuits.com/silicosis-lawsuit-verdict-for-sandblaster-6938/
Here is a $30 Million Dollar Settlement for a miner:
Here is a sheet of the top types of business that are exposed to the claims. Some big ones are countertop installers, quarry operators, masonry contractors, concrete workers, machine shops, special trade contractors, and any company who provides services to dwellings and other buildings. Some other lesser known types of business that are at risk are auto service, auto dealers, and boat dealers.
Let’s break down how profitable this niche is for them. The have built a specialty website for the injury, they have invested hundreds of thousands if not millions in advertising dollars in the search terms “silica”, “silica dust”, “Workers Compensation Silica Dust”, “Silica Dust Homeowner inhalation”, etc check it out…it’s all public information. Just google each term and tell me who shows up.
I already know what you’re thinking: But Aaron, I’m just a small business owner in a mountain town just outside of Boone North Carolina…there is no way I’ll ever get a claim like that.
I’ll tell you this, the world is filled with stories of people saying that it would never happen to them. Just know that it does. In my time servicing Western North Carolina, I’ve seen several multi-million dollar claims and I promise you that I have not seen the last.
If you would like to see what a silica dust exclusion looks like and what you can do about it, just shoot me an email. My contact info is below.
Aaron Peacock 828-434-3215