So, let’s say you were exposed to mold at work—you saw it, and smelled it, and are having real problems breathing and/or a skin rash. As soon as you realized your symptoms may be work-related, you notified your supervisor that you think you were injured at work from mold. Do you have a case? Maybe.
A: You need to prove the mold at work is in your system. This is accomplished through seeing a medical doctor and obtaining a blood test, a mold panel. Let’s say the test shows specifically, MOLD SUB SPECIES X. (There’s lots of different mold, some very harmful, and others not so).
B: There must be environmental testing performed in the workplace showing the levels of mold to which you were or are continuing to be exposed. Let’s say the environmental testing shows specifically, MOLD SUB SPECIES X. Good, that’s a match with A.
C: Medical testimony must connect A and B to C, that your exposure to mold in the workplace caused your breathing problems or skin rash. The law requires you prove the levels to which you were exposed
at work can cause injury or disease. The science can get complicated, and the case may require one or more medical doctors and a toxicologist.
Taking photos and videos of the mold and keeping mold samples in a plastic bag for microscopic analysis later can be useful. Co-workers having similar symptoms from mold exposure can be helpful.
Proving a work comp mold case, or an “accident” from exposure to a toxic substance is difficult because there must be clear and convincing evidence of A, B, and C.
NOTE: Every case is different. Seek legal help based on the unique facts of your case.