Mold can lead to serious health complications. If you were exposed to mold while in the course of your duties, you may be entitled to workers’ compensation benefits. Contact Silverman, McDonald & Friedman today to set up a consultation with a lawyer in Wilmington, Seaford or Newark.
Workcompcentral reported on July 12, 2018, that state workers in Delaware are moving to a new office building – one that hopefully, shouldn’t have mold and health problems like their former offices. The move was prompted by several work injury claims and numerous complaints due to mold illness.
The agency that moved is the Department of Health and Social Services. The complex that had the mold complaints filed against them was the Blue Hen Corporate Center located in Dover. Eleven workers’ compensation claims were filed by workers at this center. The claims included complaints by workers of:
- Blurred vision
- Sore throats
- Eyes that itched
Other mold illness symptoms include joint pain, sinus infections, fatigue, and difficulty concentrating.
Tests showed that one office had high mold levels. Other areas showed moderate mold levels. The management company that was responsible for the center agreed that the agency could break its lease. According to the news reports, breaking the lease will save taxpayers nearly $900,000. 25 employees will be moving to the new location.
The basis for a workers’ compensation mold claim
Mold illness claims fall under the category of occupational illnesses. The key elements of an occupational illness claim are:
- The illness has to have arisen due to the course of employment. If the illness is due, for example, to a poorly ventilated home, then the worker would likely not have a work injury claim.
- The illness can’t be an ordinary disease that the general public is likely to be exposed to. Workers who get the flu, for example, generally can’t claim workers’ compensation benefits.
- The poor work conditions must cause the illness. Usually, a doctor can confirm that the illness was due to the workplace conditions and not due to other causes.
Illness due to exposure to toxic substances are generally included as an occupational illness. Professionals, in mold claim cases, usually examine the substance that caused the mold at the worksite. Examples of toxins that can cause mold include Aspergillus, Cladosporium, Fusarium, Penicillium, and Stachybotrys. Stachybotrys is considered to be one of the worst mold-causing toxins
Mold spores generally thrive in conditions where the walls, carpets, ceilings, and other parts of the worksite are wet. A strong indicator that mold may be present is an unpleasant smell.
The law firm of Silverman, McDonald & Friedman fights for all Delaware workers. We represent employees who suffer workplace injuries and illnesses across Delaware, including workers in Seaford, Wilmington, and Newark. We have the experience and professional associations to help workers present their strongest case. To file a workers’ compensation claim in Delaware, call 302-888-2900 or fill out our contact form now to talk with someone about your claim today.
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Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.