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My workplace is making me sick. I'm pretty sure that the medical problems (e.g., sinus infections, muscle pains, dizziness) I am experiencing stem from mold inhalation in my office. My employer refuses to investigate, writing me off as a pyschosomatic whiner. What should I do?
Modern, airtight offices are supposed to provide secure, safe and health conditions and protect the well-being and productivity of its occupants. Tighter construction techniques developed in the 1970s in response to the energy crisis have created more energy-efficient structures. Commercial buildings are sealed off from the elements and depend on recycling air systems to ventilate closed areas.
If mold takes hold in your building’s ventilation system, the spores may spread throughout the building exposing numerous occupants. You can file suit against the building owner, property manager and the on-site building supervisor. You can argue that the building’s HVAC system was designed or constructed negligently allowing moisture to infiltrate and spawn, and as a result had an adverse effect on your health. You may also argue that there was negligent monitoring of internal air quality.
There again, you will encounter causation questions. Though mold has been blamed for a variety of health problems, there are insufficient studies establishing the health effects attributed to exposure. You might have fallen prey to these symptoms from sources created outside the workplace. However, the workplace is also the culprit in creating many of these conditions, or at least aggravating existing conditions.
Therefore, given that the medical and scientific basis for a causal connection between toxic mold and objective physical symptoms is, at best, shaky, you will face steep hurdles in proving your claim, especially if no one else at your office is experiencing symptoms related to mold inhalation. An experienced attorney can advise you as to how likely you are to succeed in proving such a claim.
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