Can I Sue For Long Term Mold Exposure At Work
The fact that you link the mold to your symptoms is important. However, you need medical testimony of a super qualified physician with a specialty in that area to link up your illness to the job. Furthermore, you would need an assessment by people like OSHA to determine if the building was exposing you to the toxic mold. Furthermore, unless you are not working due to the mold exposure, there is no workers’ compensation case. Based on the above, I do not see a case.
Toxic Mold: What Every Employer Should Know
Mold is a favored word among lawyers and a feared word among building owners, employers and landlords.
Lawsuits arising out of mold and claiming “sick building syndrome” are common. Multi-million dollar verdicts are not unheard of. Mold, in the words of some, is becoming “the next asbestos.”
An $8 billion class-action lawsuit was brought by 300 tenants in a large apartment building in New York. The Environmental Protection Agency was sued by employees claiming they became ill because of mold exposure while working at EPA headquarters. Even Hollywood is involved: Ed McMahon sued his insurer for $20 million, claiming that toxic mold in his Beverly Hills home killed his dog.
Mold has even reached the attention of the U.S. Congress. Last year, Representative John Conyers of Detroit introduced a proposed bill, the “United States Toxic Mold Safety and Protection Act of 2002,” intended to set standards for indoor mold levels and to provide for related research.
Due to increased public awareness, almost mounting to hysteria, the number of legal claims is sure to mount. Workers who believe they are being exposed to mold may not want to work, their productivity may decline and they may file worker’s compensation and disability claims. As an employer and/or a building owner, what can you do to try to limit your legal liability?
Look for Signs of Mold
Look For the Cause
Advise Your Employees of the Steps You Are Taking
What can you do to cover your losses?
Average Settlement For Toxic Mold Lawsuits In Florida
Due to its humid climate, Florida may be more likely to be affected by mold than other places. If you suspect youve been exposed to and sickened by toxic mold through no fault of your own, you may be entitled to compensation. If the fault lies with an employer or a landlord avoiding the issue, you may have grounds for a lawsuit. How much could you stand to receive? That all depends on the circumstances of your case. At Calandro Law, weve seen our fair share of toxic mold claims and can advise you on what to do next if youve been chronically exposed to toxic mold. Contact us for a free consultation!
Recent years have seen a massive increase in mold litigation resulting in several multimillion-dollar jury verdicts. Although large verdicts for plaintiffs are well-publicized, defense verdicts in mold suits are seldom, if ever, mentioned in the media. There were almost no mold claims prior to 2000 and claim amounts were relatively low. Usually $5,000 or less. High-profile jury verdicts resulting in seven or even eight-figure sums have led to an explosion in mold litigations in the years since. According to medical opinion on mold-related disease, mold claim payouts in 2001 and 2002 totaled $1.3 billion, and in 2002, over $3 billion was paid. While there is no exact average
In this article we discuss what qualifies as toxic mold, proving liability, and damages that could be recovered due to toxic mold exposure.
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How To Test For Mold At Home
Mold needs moisture to grow and spread. Such moisture typically comes from defective construction, maintenance and/or repair such as plumbing leaks, window and door leaks, roof leaks, stucco leaks and drainage or grading problems. Mold can develop on water damaged building materials in as few as 24 to 48 hours.
There are two primary ways to test for molds in your home, school or place of business: air testing and bulk testing. Air testing by the viable test method involves taking air samples by drawing air using a pump and a petri dish. The mold sample sent to a laboratory for analysis.
If, after a certain period of time mold grows on the petri dish, mold is present in the home. Bulk sampling involves many types of tests. Often, mold-laden drywall is removed and placed into a sealed container for analysis in a laboratory. Tape lift sampling is also a common type of bulk sampling.
Is Black Mold Dangerous
This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.
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Who We Represent Types Of Mold Claims We Handle
Tenants who live, or used to live, in residential housing. The injuries should be severe .
Homeowners of condominiums with claims against their association, claims against a contractor or developer, claims against other unit owners, or claims against contractors.
Commercial Tenants tenants who lease commercial buildings, office buildings, industrial warehouse, or the like
Workplace Claims employees or other persons who spend considerable time at a workplace location.
Update: We are not accepting mold cases because of the high burdens needed to prove causation. However, we strongly advise anyone living in a residential building with mold that they believe to be making him or her sick, to immediately move out after giving the required notices. Many people feel better and breathe easier within days of leaving.
From Our Blog: Mold Claims by a Florida Tenant: Can You Sue the Landlord When Mold Is Found in a Leased Home, Apartment, Office, or Condo?
How Do You Prove Mold Is Making You Sick
How are mold allergies and exposure diagnosed?
- Blood test. Your doctor takes a blood sample and then sends it to a laboratory to measure the number of certain antibodies, which can indicate your immune systems sensitivity to different mold species.
- Skin prick test.
How do I get tested for mold toxicity?
A blood test, sometimes called the radioallergosorbent test, can measure your immune systems response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E antibodies.
What to do if you find mold in your apartment?
What to Do If You Find Mold in Your Apartment Step 1 Contact your landlord to notify them of the problem Step 2 Take photos Step 3 Get to a doctor if you have persistent problems Step 4 Wait while tests are done What to do if your landlord doesnt cooperate Step 1 Make an appointment with a lawyer
Whats the best way to test for mold?
Lucky for you, testing can be as simple as purchasing a viable mold test kit and collecting samples in strategic locations following the instructions outlined below. In a best-case scenario, the results come back negative and you can rest easy that the smell is something temporary.
When to see a doctor for mold exposure?
If you ever experience any of the above-mentioned symptoms, immediately see a doctor. Several tests are recommended by the doctor to test for mold exposure. To diagnose mold poisoning or allergies, your doctor will go for blood or skin test.
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The Ohio Supreme Courts Reasoning How Do You Prove Mold Caused Your Illness
Prior to this case, the Ohio Supreme Court had yet to rule on this specific issue. The court acknowledged the issue had been frequently considered in federal courts and adopted the test outlined in Knight v. Kirby, which required the plaintiff to demonstrate both general and specific causation. Step one of the Knight test is to prove the plaintiff was exposed to a type of mold that can cause the particular injury experienced. The second step is satisfied if the plaintiff is able to demonstrate the mold, in fact, caused the specific injury in dispute.
To establish both general and specific causation, a plaintiff must present an expert witness. Expert testimony is governed by Evidence Rule 702, which requires, in part, that an expert witness base his or her testimony on reliable, scientific, technical, or specialized knowledge and the experts theory must be objectively verifiable or validly derived from widely accepted knowledge, facts, or principles.
In determining if expert testimony should be admitted trial courts are privileged with the role of gatekeeper, which gives trial courts discretion to analyze the reliability and relevance of the experts testimony. Appellate courts should only overturn the trial courts determination if the trial court has abused its discretion in deciding the expert testimony was not reliable or relevant.
The Difference Between Toxic Mold And Black Mold
Toxigenic molds produce toxins, specifically mycotoxins. As with other types of mold that can grow in your house, molds that produce mycotoxins may present hazards.
Mycotoxins are not produced by all fungi, and even those that do will not produce them in all surface or environmental conditions. Mold growth, usually in the form of spots, can appear in a wide range of colors, and can smell musty. Color does not indicate how dangerous mold may be it should be removed and the source of moisture that encouraged its growth should be removed.
The reported health effects of toxic molds within homes are rare, such as pulmonary hemorrhage and memory loss. In these reports, the presence of toxigenic mold has not been proven to be the cause for these conditions.
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How Do You Know You Have A Mold Infection
Mold spores cause irritation and an allergic response if touched or inhaled. Symptoms of toxic mold exposure may include, but are not limited to:
- Trouble breathing or wheezing or asthma
- Irritated eyes, or tears and itching eyes
- Coughing due to irritated throat
- In severe or prolonged cases, memory loss
What If You Encounter Toxic Mold At Work
If your home is free of toxic mold, you could still encounter and get sick because of toxic mold where you work. Employers who are aware of toxic mold in the workplace and do nothing about it may be accountable if employees become sick.
If, however, the employer genuinely did not know about toxic mold at your place of work, liability may fall on a third party. However, when toxic mold sickness is job-related, the victim usually isnt allowed to file a personal injury claim.
Injured workers instead may qualify for workers compensation payments, but they may not sue employers for personal injuries. Injury victims may pursue personal injury lawsuits arising from work-related injuries only in cases where a third party has responsibility for the injury.
WHAT ARE THE RIGHTS OF TOXIC MOLD VICTIMS?
If youre made sick by toxic mold, you may be able to sue for the failure to disclose or for negligence. Under Illinois law, an injured victim of negligence may seek compensation for medical expenses, lost wages, and all damages related to the sickness or injury.
Toxic mold cases are complicated. Multiple defendants may have liability, and precise medical knowledge will need to be understood. If you become sick because of toxic mold at your home or place of work in the Chicago area, contact an experienced personal injury attorney promptly.
WILL YOU REQUIRE HELP FROM AN EXPERT WITNESS?
WHAT WILL IT COST YOU TO TAKE ACTION?
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Who Should Be Sued After Toxic Mold Exposure
Over time, toxic mold exposure makes people extremely sick. Sometimes, its fatal. What exactly is toxic mold? If youre made sick by toxic mold at your home or your place of work, can you be compensated? Can you take legal action against a landlord or an employer?
Keep reading, and youll learn the answers to these questions from an experienced Chicago personal injury attorney. In this short introduction to toxic mold and the rights of injured negligence victims in Illinois, youll additionally learn what steps you should take if you or someone you love gets sick because of toxic mold.
Mold usually appears on walls and other surfaces initially as clusters of small black dots with a fuzzy look. Mold breaks down organic matter such as dead trees and fallen leaves. Mold spores remain airborne until they land on a wall or another surface.
Can You Sue Employer For Mold Exposure
If youre exposed to mold at work, it may be possible to file a workers compensation claim for your mold-related injury, or, in some circumstances, you can sue your employer directly.
How do you prove mold is making you sick?
What are the symptoms of mold exposure?
Can your employer make you clean mold?
Your employer is responsible to correct uncontrolled accumulation of water and conditions that cultivating mold. Avoid Exposure During Clean-up. You may need to leave work during mold clean-up. It is always the employers duty to ensure that your work area is properly ventilated and free of mold and pollutants.
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Black Mold And Your Landlord’s Responsibilities
Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.
Since the landlord-tenant relationship is legally defined through contract , contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.
Who Can Bring A Toxic Mold Lawsuit And What Evidence Is Necessary For A Claim
In most cases, an individual who has been personally injured by exposure to toxic mold has legal standing. An individual with standing in a toxic mold case usually includes:
- Tenants, or individuals who lease their homes. These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold. Poor building maintenance may also be a factor.
- Homeowners may encounter toxic mold issues due to poor construction with mold prone materials, even in newly constructed homes. Homeowners may be able to sue inspectors, homebuilders, real estate brokers, or anyone else who may have caused the mold issue or had a duty to disclose the mold issue
- Employees, who may be able to request workerâs compensation if the exposure to toxic mold in the workplace lead to health problems or disabilities
- Government agencies who may be able to sue contractors and/or inspectors for their employeesâ toxic mold injuries and
- Other parties such as parents of children who were injured because of toxic mold in their home, school, camp or other place, who can sue on the childrenâs behalf.
The success of a claim is depending on the quality and quantity of evidence. In order to succeed in a toxic mold claim, an individual must show:
The best ways to prove these elements are:
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Does Exposure To Mold Qualify For A Workers Comp Claim
As the CDC says, Exposure to damp and moldy environments may cause a variety of health effects, or none at all. Some people are sensitive to molds. For these people, exposure to molds can lead to symptoms such as stuffy nose, wheezing, and red or itchy eyes, or skin. Some people, such as those with allergies to molds or with asthma, may have …
Southfloridaworkerscompensationlawyers.com
Who Might Be Liable For Injuries And Damage From A Toxic Mold Infestation
These days mold and “toxic mold” are the subject of increasing health concerns and lawsuits. If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold .
In evaluating a potential lawsuit, one of the first things you’ll need to do is identify which people and companies might be liable to you for the mold infestation. Who you can sue for a mold infestation depends on whether the mold is in a building you own or rent, or in a public place like a workplace or community building.
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Who Has Liability For Toxic Mold Sickness
If youre made sick by toxic mold, determining who may have liability can be challenging. Defective building materials, substandard construction work, a defective structural design, or the negligence of the owner or a former owner could all be important factors in determining liability.
If you buy a house or some other property or structure in or near the Chicago area, speak directly with the seller as well as with your realtor regarding toxic mold. Make sure that a home inspector has checked thoroughly for toxic mold before you buy any home.
If you rent your home and you get sick from toxic mold, your landlord may have liability if he or she was or should have been aware of the toxic mold and did nothing about removing it.
