I've been working in a very old building for the past year. Throughout my employment I've experienced very odd symptoms like hives, rashes, dry/red eyes, eye floaters in left eye, difficulty driving at night, very bad sinuses, frequent colds, trouble focusing, and even noticeable memory loss. I even had one ER visit right after work, from me feeling like I was going to pass out (doctors couldn't figure out what was wrong with me after running many tests). I attributed all my symptoms to me just approaching my 30s. Well anyways, after taking a 2 week vacation just recently (and feeling very good towards the end), I came back, and within 2-3 days I began to feel off again. That's when I realized that there's something in building. I strongly believe there is mold here.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Well you're staring point would be a worker comp claim. Then you would need to get past your suspicions of "toxic mold" and secure some actual evidence of that, vs. allergies, etc.
I would consult with an experienced Workers' Compensation attorney in your area. Since your symtpoms appear to be related to your location of employment, it is likley that your claim will fall under the Workers' Compensation statute. You may be able to get help without having to start formal litigation against your employer.
Workers comp is the exclusive remedy against employers by injuries sustained on the job. An exception exists when the employers does not have workers comp coverage, in which a direct action against the employer is permitted. Another exception deals with intentional injury, but that exception is very narrowly viewed and the proof required a tough burden to meet (they rarely succeed).
Consult an attorney who handles workers comp to determine whether are eligible to for workers comp benefits. There are fairly strict time limits when your injury must be reported to be compensable, so you should address this right away.
There is a prospective case based on the information you provided. However, more details would need to be looked into to determine what kind of case you have. Contact a personal injury/worker's compensation to discuss the facts. has a great find a lawyer tool to put you in contact with several qualified attorneys. Best of luck to you.
Kenneth Brian SchwartzWorkers' Compensation LawyerWest Palm Beach, FL ·
The problem you face with an "exposure" case in Florida W/C is that you have to be able to prove by "clear and convincing evidence" that exposure to the specific substance involved, at the levels to which you were exposed, could have caused the injury or disease you sustained. That is, unfortunately, nearly impossible to do. If you are lucky enough to be able to get air samples and samples of the actual mold, then get them tested against what's in your system, and then get medical opinion that one led to the other, then you might be in business. If you don't think you can get any samples at all, your chances of meeting your burden of persuasion are quite low. That said, there's nothing that stops a carrier from accepting an exposure claim without a fight. So, if you think that you need medical care that relates to a workplace exposure, I'd still suggest you contact an attorney experienced in handling these claims to see whether (s)he thinks it'd be worth running up the flagpole.
You might have a workers' compensation claim against your employer and a third party personal injury claim against the building owner, if it is not owned by your employer.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
No, you cannot sue your employer. Your recourse would be to claim workers compensation benefits for medical treatment, rehab etc..
I suggest that you contact the State or federal occupational health and safety agency as well as the state department of health and make a report of the adverse health issues at your facility. If you are a member of a union shop, contact your Shop Steward too, so that the union can get involved, as the health of all the workers is certainly a union concern.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. You
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
Your only remedy against your employer is worker's compensation. You might have a case against the landlord.
For either case, you would have to prove that the exposure to the particular mold caused your problems. That might be an insurmountable problem.
It is very difficult and expensive to pursue, much less win, a toxic mold case. You should investigate the possible cause of your symptoms a little further.
