Workers’ compensation cases can be complex and difficult to prove, especially in instances where mold is to blame. If you have been injured by mold on a work site and you believe your employer is to blame, it is important to understand the various aspects of this case.
Here we will discuss the types of toxic molds that can affect your health, how these grow in a work site, and the ways you can establish the liability of your employer. In this way, you can understand your case fully before pursuing it.
Types Of Toxic Molds
Before establishing a toxic mold workers’ compensation case, it is important to know the types of mold that are considered toxic. These include Cladosporium, Penicillium, Fusarium, Aspergillus, and Stachybotrys. These common mold types cause a variety of health problems, such as respiratory issues, congestion, irritation, a hacking cough, and serious fatigue.
Among these molds, the worst is Stachybotrys. If your employer knew that this mold existed on your work site and did nothing to clean it up, they are under serious liability for your injuries. This is especially true if they were warned of the dangers of this mold and refused to do anything to manage it. Behavior like this is almost criminally negligent.
Causes Of Toxic Mold In Workplaces
Though the existence of mold on a work site may indicate the possibility of a successful workers’ compensation case, there is more that needs to be established. For example, it is important to know why these types of mold occur. In some instances, there is a chance that the employer did something to cause this mold to form without realizing it.
For example, poor building maintenance or design can allow mold growth by creating an environment that promotes excessive moisture in the air. Other problems, including wet building materials unprotected by rain, can also contribute to this problem. Situations and behaviors like this are also negligent and put the employer in a state of liability.
Establishing Liability
As in all workers’ compensation cases, you need to address the liability of your employer before proceeding. In most cases, an employer is likely to be liable. This is particularly true if it can be found that they knew about the mold being on the site or did things that contributed it to being grown, as mentioned in the section above.
However, liability can be shifted from them to you if you or your coworkers did something to contribute to the formation of growth. For example, if your employer actually treated the site for mold, but you and your coworkers didn’t follow proper anti-moisture procedures, you could be found liable for your injuries. In this situation, the case may be dropped.
Evidence That Can Help
Creating an airtight case for mold exposure requires several pieces of evidence. Make sure that you collect all of this information before proceeding on a case. Failure to do so will likely cause it to fail. Important evidence you need includes:
- Medical reports discussing how mold has impacted your health
- Inspection report that indicates the existence of mold on the work site
- Employment records showcasing that you behaved in a proper way regarding mold management
- Evidence indicating your employer knew about the mold
- Eyewitness testimony to your developing sickness or a discussion between you and your employer
- Doctor testimony indicating that your sickness could only have come through mold exposure
As you can see, exposure to mold workers’ compensation cases requires a careful approach and a thoughtful and intelligent case. If you are suffering from mold exposure and need help getting the compensation you deserve, please contact us today. We will fight for your rights and get you the money you need to recover.
