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

Asked over 1 year ago - 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. Brendon Shawn Rhodes

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  3. Ryan M. Finn

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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
  4. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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).

  5. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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

  6. Albert Lee Crosner

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  7. Robert G. Rothstein

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

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