What can I do if I suspect that my wife has developed health issues due to mold poisoning at work? 15 Answers as of August 02, 2011My wife worked for a hospital here in arkansas in a building seperate from the main branch that has mold in it,which they knew of but would do nothing about it! After she quit to go to a better job she developed a rash and now has sacoindosis as well as lung problems which I feel are directly related to her exposure to this mold do I have a case at all?
Law Offices of Daniel R. Wingler, P.C. | Daniel R. Wingler
Your spouse may have a claim for workers compensation benefits. Although, it will be her burden to prove that her condition is a result of her exposure at work. This can be attempted in a number of ways, depending on the facts and/ or circumstances of the case. Some pertinent questions may include: Are the symptoms your spouse is experiencing recognized symptoms of exposure to this particular type of mold? Can other places such as the residence be excluded as potential places where this exposure may have occurred? Were other employees affected by exposure and how do their symptoms compare/ contrast? What was the proximity and duration of her exposure? The first step is to file a claim for benefits, which must be done as soon as one has reason to believe that the condition is work-related. Work related conditions are a bit trickier to prove than acute injuries, i.e., slip and falls, strained back, etc., but are eligible for benefits nonetheless.
Answer Applies to: Colorado
Barry Rabovsky & Associates | Barry Rabovsky
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answer Applies to: Illinois
David F. Stoddard | David F. Stoddard
You should consult an attorney who specializes in personal injury from exposure to mold. It is difficult to prove to a reasonable degree of medical certainty that mold exposure has caused a specific medical problem. Special tests have to be conducted that physicians who are treating the problem sometimes fail to run. Another issue in your case is that the exclusive remedy is probably workers compensation, unless a builder or some other third party's negligence, other than the employer, caused the problem.
Answer Applies to: South Carolina
Kelaher Law Offices, P.A. | James P Kelaher
I can't answer about Arkansas, but I would get your wife to consult with a good workers' compensation lawyer who has experience in handling mold cases. In Florida, your wife would be eligible for workers' compensation, and that comp lawyer can tell you whether your wife would be able to bring a third party claim, and if so, who she should consult.
Answer Applies to: Florida
Law Office of Mark J. Leonardo | Mark Leonardo
Not sure why your Arkansas question is showing up on a California site, but you need to be quick to ascertain what the time frame is for the statute of limitations. If its a government owned hospital, you may need to file a government tort claim first before suing and the time frame is generally 6 months. It would also be best to have a physician that can say more likely than not she developed these illnesses due to mold exposure.
Answer Applies to: California