Toxic mold doesn’t just grow in homes. It can also hide in workplaces where you spend a large part of your life. For a full-time employee, that’s around 40 hours per week.
If you convert a whole year of 40-hour work weeks into 24-hour days, it totals to almost 90 days. With so much time in your workplace, toxic mold exposure needs serious attention, especially when it starts affecting your health and daily life.
Filing a lawsuit for workplace mold exposure
In California, toxic mold exposure at work typically falls under workers’ compensation. This can limit your ability to sue your employer directly.
But, there are still some situations where you may pursue a lawsuit instead of relying on workers’ comp:
- Third-party responsibility: You can sue building owners (if different from your employer), maintenance companies or contractors who caused mold problems
- Fraudulent concealment: If your employer knew about toxic mold but deliberately hid this information from employees
- Landlord negligence: When your employer rents the space and the building owner failed to maintain the property
- Product liability: If defective materials, equipment or construction led to mold growth
- Independent contractor status: If you’re not classified as an employee, then workers’ comp might not apply
These situations open the door to personal injury claims that might provide fuller compensation for your mold-related suffering.
How workplace mold harms your health
Mold at work can make you sick in many ways. This is why OSHA considers it a serious workplace hazard. Below are signs and symptoms of toxic mold exposure:
- Breathing problems like frequent coughing and wheezing
- Skin and eye issues
- Brain fog
- Feeling constantly tired
- Serious lung conditions, like hypersensitivity pneumonitis
- Mood changes and irritability
If you’re always tired or getting sick more often than usual, mold might be weakening your immune system. These health problems usually get worse the longer you work in a moldy building.
Documentation strengthens your position
Strong evidence makes a huge difference in mold exposure cases. Keep detailed records of all your symptoms and medical treatments. Take photos of visible mold when possible without risking more exposure.
If you reported mold problems to management, make sure to save all emails or messages about it. You might also consider hiring experts to test for mold if your employer refuses to investigate properly.
Taking action for your health
While workers’ compensation often limits direct lawsuits against employers, multiple legal options exist for serious mold-related health problems. Third-party claims often provide better compensation overall.
Consulting with an attorney who specializes in toxic mold litigation helps identify your best options based on your specific situation. A legal professional can evaluate potential toxic mold claims against employers or other responsible parties to maximize your recovery after workplace mold exposure damaged your health.