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I am a student / student worker who work in a building with black mold can I sue ?

Lithonia, GA |

My bones hurt, I cough all the time, and have trouble breathening, my employers / adminstrators try to hide it from us what should I do?

Attorney Answers 8


  1. If your health is most important, obviously you should quit and find a new job. If you want to sue (and have a valid claim), you have to prove, through thorough medical examination (probably more than one) and expert evidence, that the mold is causing your symptoms. It is not enough to say you have symptoms and leap to the conclusion it is mold. It may also be relevant that you continue to work there even though you claim it is causing you harm. You will need to see a lawyer who regularly handles such claims (not one from late night and afternoon commercials, or with catchy slogans).


  2. Mold cases can be tough. It is very important to get appropriate medical care to rule out other causes of your injury. I would consult with a GA attorney from this website as soon as possible.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment


  3. I am sorry to hear about your situation. Obviously you should not remain working there and you should strongly consider leaving. You may need medical attention if you do not quickly get better after leaving. There are probably government regulations about removal of black mold and apparently the company is avoiding those regulations. This may also be a workers compensation claim.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  4. I understand you probably need the money or benefits from being a student worker, but if at all possible you should seek work somewhere else. You should also file a written report with your supervisor. It could be very difficult to prevail and you will have the burden of showing that your symptoms are related to the exposure to the black mold at work. You may have a potential workers' compensation claim, though you may face a heightened burden of proof if your symptoms are deemed related to work and an occupational disease instead of an occupational injury.
    You could report the symptoms to the supervisor as a work-related incident and ask to select a physician from the panel of physicians that the employer should have posted. This may at least get you an initial evaluation to determine whether your symptoms are related to black mold exposure at work. If you would like to discuss your potential claim further, please feel free to call for a free consultation.

    Sincerely,

    B. Shawn Rhodes
    Powers and Rhodes
    478-227-5997


  5. If you have medical evidence that the mold is causing your condition, see a lawyer.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  6. You can contact your local health dept. City or State. Are others having similar probs? You may have a work comp claim and a case against the property owner. See a lawyer asap.


  7. Get to an MD ASAP and get checked out. If your stated health problems can be medically diagnosed as being caused by the mold, you may have both a workers compensation and a premises liability claim. Get the medical diagnosis then contact a local workers comp. lawyer who is also experienced in toxic torts. I will be glad to discuss this with you at no charge after you have had your medical exam. Notify your employer and ask fiot the names of the MDs on their panel. If they don't have any get to your own physician or an ER right away. Mold related illness can be very serious and requires immediate treatment. I hope your condition turns out favorably and minor. If not, please call or email me or another atty that is experienced in those areas of law.

    Robert G. Rothstein Assoc.
    Trial Lawyers
    404-216-1422
    trialaw1@comcast.net


  8. You need to have an attorney to review your situation. Please feel free to give our office a call if you would like to discuss the matter further.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

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