Toxic Mold at Work – Employee’s Legal Options

The legal options for dealing with toxic mold at work depend on the circumstances of the employees or groups. A lawyer is a good idea to help determine the options available to an employee.

What is toxic mold?

An employee may encounter mold in their workplace and need to consult a professional to determine whether the substance is dangerous to his or her health or the health of others. Mold that is found in certain building materials, or that spreads to other items can have a negative impact on a person’s health. It all depends on what type of mold it is and how much exposure. Mold can spread from a building to attach itself to other items, such as fans and air conditioners. It could get into the body through the respiratory system and cause serious health problems.

Workers’ Compensation

Mold in a work building can be argued that it is workers’ compensation and therefore invalid for the business. This is usually considered negligence if the owner or manager is aware of the problem. This could result in a personal injury lawsuit against a business, or similar claims. Based on state guidelines, workers’ compensation claims are usually invalid. These rules may mean that the worker has little recourse to the workers’ compensation insurance company. To determine what legal options are available, the employee would need to consult a lawyer.

The Case Proof

An employee might need to collect evidence and proof that mold has infested the workplace to prove their employer is liable for damages. The employee or group may need to inspect the building, take photos and make notes. Finally, they will need to consult a lawyer to help them determine their legal rights. If the evidence is strong enough, exposure to toxic mold can have a significant impact on the building.

All Options

Workers’ compensation is rarely possible when there has been intentional harm to the employer. This requires evidence that the employer is unable to manage in certain states. Employers must not only act maliciously or willfully against employees. Employers could be sued if they are negligent or reckless with their employees. Intentional harm is often dependent on the actions taken by the employer and the knowledge that toxic mold exists in the building. If workers’ compensation laws do not apply to the case, or where an exception is made, one option is to sue the company.

Employer actions can lead to legal action. If the employer is not aware of toxic mold, or attempts to resolve it once someone brings the matter to their attention, workers’ compensation may be pursued. The injured party can then file a claim or contact an attorney to pursue a civil lawsuit. Employees learn about malicious intent by email, memos, or information found in the employer’s office. This explains to employees that they must keep the details secret so they can continue working and no renovations are necessary.

Legal Assistance for Toxic Mold

Mold can be found in buildings or through ventilation. This could be due to former third-party contractors who were hired to remove it. These situations may result in the employee receiving workers’ compensation for their initial injury as well as continued damage from the contractor or company who did not remove the mold. To understand the best way to proceed, gather all evidence and consult a lawyer. The employer can assist with the claim if a third party is involved and provide details about the whole situation.

A lawyer can help prove to the courts that the injured party or employer is responsible if there are sufficient evidence. A lawyer can help clear up any confusion regarding the damage toxic mold may cause to the body so that the judge or jury can be informed.

Updated 01/18/22