Environmental Exposure Making Me Sick at Work(Mold?)

[wonderlandalice]

I live/work in the state of Maryland and I've been dealing with an unknown illness for more than two months. After ending up in the hospital for nearly a week in mid June, the doctors suspect something an environmental contamination at my workplace is making me sick. There was a major leak in the home(it's a company that provides residential care for people with developmental disabilities in houses that the company owns/manages) I work at that was not properly cleaned a month or two prior and the doctor suspects mold is the issue. He sent a request to my employers to have a mold inspection done nearly two weeks ago. I have attempted to contact them three times since then, once by text, once by email, and once on the phone. Each time the topic was brought up in all three forms of communication, my employers changed the subject and ignored my question entirely. The doctors are still trying to figure out the extent of damage done by whatever I was exposed to. Without a mold test, they don't know what it is that I'm reacting to and until the house has been tested and cleaned/proven clean, my doctor won't okay my return to work. Even more importantly, this whole ordeal has cost me thousands of dollar in lost wages and medical bills. If there is mold in the house as a result of a leak that the company failed to clean up doesn't that mean that they have to compensate me for all the money I've lost/had to pay as a result?

I guess I really need to find a lawyer to help me navigate through all this but I have no money to pay one right now. I've been researching pro bono lawyers or even just trying to find support groups that could offer advice to help guide me through this. I've written out a detailed timeline of my illness, doctor visits, communication with my employers, and anything else important I could think of on the subject. I've gotten paperwork to try to file a claim for my short term disability insurance but it asks right on the form if my illness is work related and whether I've filed workman's comp. I asked the supervisor if I should be filing workman's comp when my doctor said he thought something at work was making me sick at the end of May and was told workman's comp "wasn't for situations like that". Two weeks later, I was in the hospital. I'm worried if I file for the disability and receive a payment for a portion of the wages I've lost, it will somehow effect my ability to pursue legal action against my employers if/when it's proven that there's mold in the house making me sick. This situation has just turned my world upside down and I need someone knowledgeable in these matters to tell me what I should and shouldn't be doing as I try to navigate through it all.

 

[quincy]

I live/work in the state of Maryland and I've been dealing with an unknown illness for more than two months. After ending up in the hospital for nearly a week in mid June, the doctors suspect something an environmental contamination at my workplace is making me sick ... the doctor suspects mold is the issue. He sent a request to my employers to have a mold inspection done nearly two weeks ago ... my doctor won't okay my return to work. Even more importantly, this whole ordeal has cost me thousands of dollar in lost wages and medical bills. If there is mold in the house as a result of a leak that the company failed to clean up doesn't that mean that they have to compensate me for all the money I've lost/had to pay as a result?

I guess I really need to find a lawyer to help me navigate through all this ... short term disability insurance ... asks right on the form if my illness is work related and whether I've filed workman's comp. I asked the supervisor if I should be filing workman's comp when my doctor said he thought something at work was making me sick at the end of May and was told workman's comp "wasn't for situations like that". Two weeks later, I was in the hospital. I'm worried if I file for the disability and receive a payment for a portion of the wages I've lost, it will somehow effect my ability to pursue legal action against my employers if/when it's proven that there's mold in the house making me sick. This situation has just turned my world upside down and I need someone knowledgeable in these matters to tell me what I should and shouldn't be doing as I try to navigate through it all.

First, you are right that you are limited in what you can do until you are able to identify the source of your medical complaints.

Here are links with information you should read and information on who you need to contact about testing in your workplace. I am actually surprised that your doctor sent a letter to your employer requesting a mold inspection. That is not something a doctor generally does.

These first two links are from the US Department of Labor, Occupational Safety and Health Administration, and the third is from the Maryland Occupational Safety and Health, Division of Labor and Industry.

"Molds:" https://www.osha.gov/SLTC/molds/

"A Brief Guide to Mold in the Workplace:" https://www.osha.gov/dts/shib/shib101003.html

MOSH Compliance Unit: http://www.dlr.state.md.us/labor/mosh/comp.shtml

You can visit the Maryland Bar Association site to locate free or low-cost legal assistance in your area. Here is a link:
http://www.msba.org/

Please read the information in the links provided (clicking on the various topics), and note the information on how to file a request with MOSH for testing of your workplace. Just be aware that your particular situation as described is not one that will be a high priority for investigation and testing. You might have better luck contacting your county or city health department.

Good luck.

 

[Ladyback1]

I guess I really need to find a lawyer to help me navigate through all this but I have no money to pay one right now. I've been researching pro bono lawyers or even just trying to find support groups that could offer advice to help guide me through this. I've written out a detailed timeline of my illness, doctor visits, communication with my employers, and anything else important I could think of on the subject. I've gotten paperwork to try to file a claim for my short term disability insurance but it asks right on the form if my illness is work related and whether I've filed workman's comp. I asked the supervisor if I should be filing workman's comp when my doctor said he thought something at work was making me sick at the end of May and was told workman's comp "wasn't for situations like that". Two weeks later, I was in the hospital. I'm worried if I file for the disability and receive a payment for a portion of the wages I've lost, it will somehow effect my ability to pursue legal action against my employers if/when it's proven that there's mold in the house making me sick. This situation has just turned my world upside down and I need someone knowledgeable in these matters to tell me what I should and shouldn't be doing as I try to navigate through it all.

Couple of things: SOME attorneys that specialize in Work Comp. will take a case on contingency basis. Those attorneys *should* provide a free consult to you to determine if they think you have a good case. DO NOT use just any old attorney--you need an attorney who is very well versed in Work Comp laws (in your state).

And your supervisor is mistaken: Workers' Comp in your state does recognize "occupational disease" claims. Occupational disease is defined as an illness/injury that occurs over time and is related to the job. Exposure to chemicals or biologicals that effect your health can be work related....

If your employer refuses to provide you with a claim form to fill out and file, you can file directly with your state work comp commission here:

http://www.wcc.state.md.us/WFMS/C1_WebForms.html

(and here's another thought: If there is something in the home causing you health problems; is that same unknown/unconfirmed "agent" effecting the health and well being of the client that lives in the home 24/7? Are there other houses that have the same agent? You filing a claim could open a big ole can of worms for the employer! I suspect that your employer is not going to be supportive of you filing a claim....
Find a Work Comp attorney right now if you intend to pursue this, as it could get pretty contentious!)

 

[quincy]

Couple of things: SOME attorneys that specialize in Work Comp. will take a case on contingency basis. Those attorneys *should* provide a free consult to you to determine if they think you have a good case. DO NOT use just any old attorney--you need an attorney who is very well versed in Work Comp laws (in your state) ...

... Find a Work Comp attorney right now if you intend to pursue this, as it could get pretty contentious!)

There is nothing a worker's compensation attorney can do at this point. The source of the illness must be pinpointed first. Trying to file a claim now, in other words, when there is no clear indication that it is the workplace causing the health problems, is not advised.

When it gets to the point where an attorney can be of some benefit to wonderlandalice, there is a good law school clinic in Baltimore that provides attorney-supervised advice and direction for a nominal ($10-ish) fee. If wonderlandalice is nowhere near Baltimore, I am sure other similar clinics exist elsewhere in the state.

 

[Ladyback1]

There is nothing a worker's compensation attorney can do at this point. The source of the illness must be pinpointed first. Trying to file a claim now, in other words, when there is no clear indication that it is the workplace causing the health problems, is not advised.

When it gets to the point where an attorney can be of some benefit to wonderlandalice, there is a good law school clinic in Baltimore that provides attorney-supervised advice and direction for a nominal ($10-ish) fee. If wonderlandalice is nowhere near Baltimore, I am sure other similar clinics exist elsewhere in the state.

I disagree that there is no need to file a claim.

Assuming that OP has a medical doctor (not some herbalist or quack...) saying that the condition/illness is caused by work, that would be enough to file a claim.
Here's the probable sequence of events:
1) file the claim
2) depending on the insurance carrier (and what precedence has been set, or case law)--most likely the claim will be denied.
3) an appeal would need to be filed
4) upon appeal, the insurance carrier or TPA, will then have the burden of proof to show that OP's diagnosis is not at least 51% caused by something else.


And as a side note: As a comp examiner for several years, in claims like this--I preferred that the claimants have an attorney pretty early on in the claim.

 

[cbg]

In this instance I agree with Ladyback1.

The workers comp carrier is not likely to accept this claim easily, if at all. The earlier a good workers comp attorney is involved, the easier it's going to be on the OP.

 

[justalayman]

so, are you the only person affected by the issue? While some people are more sensitive to mold or other environmental issues than others, if nobody else is affected it suggests the issue is not the workplace but someplace the residents or other workers do not frequent.


second; almost every home will test positive for mold of some sort. It really is that common. as to how much mold is acceptable, the CDC states this:

A qualified environmental lab took samples of the mold in my home and gave me the results. Can CDC interpret these results?

Standards for judging what is an acceptable, tolerable, or normal quantity of mold have not been established. If you do decide to pay for environmental sampling for molds, before the work starts, you should ask the consultants who will do the work to establish criteria for interpreting the test results. They should tell you in advance what they will do or what recommendations they will make based on the sampling results. The results of samples taken in your unique situation cannot be interpreted without physical inspection of the contaminated area or without considering the building’s characteristics and the factors that led to the present condition.

more people are affected due to an allergy of mold than running across the black mold so often talked of but the affects of those types of molds is still not settled. The cdc does not even recommend testing to determine the type of mold but simply to clean up known areas infected with growth.

you have been away from the building for at least a week and more like 2; have your conditions improved? Ceased to be present? anything? What was your treatment in the hospital?

 

[Ladyback1]

so, are you the only person affected by the issue? While some people are more sensitive to mold or other environmental issues than others, if nobody else is affected it suggests the issue is not the workplace but someplace the residents or other workers do not frequent.


second; almost every home will test positive for mold of some sort. It really is that common. as to how much mold is acceptable, the CDC states this:



more people are affected due to an allergy of mold than running across the black mold so often talked of but the affects of those types of molds is still not settled. The cdc does not even recommend testing to determine the type of mold but simply to clean up known areas infected with growth.

you have been away from the building for at least a week and more like 2; have your conditions improved? Ceased to be present? anything? What was your treatment in the hospital?

Excellent question!

I will add, that even if it is an allergy type reaction, it can still fall under workers' comp. When an injury/illness arises from the scope and course of the employment, a claim should be filed. And that claim needs to be investigated.

Example: if a big box store is remodeling in the store (major remodel), an employee who has asthma may not realize until it is too late that the air has got dust/particles/allergens in it; Whatever is in the air, triggers an asthma attack. Work comp insurer/TPA could accept the claim and the ONE time attack only, and would have little obligation to the claimant when claimant has reached back to their baseline status. The insurer/TPA would not be liable for the claimants asthma.

If the employee breathed the air for 3-4 days, and then had an asthma attack at home--and their treating Dr. opined that the asthma attack was caused by work it could be accepted and it would be limited to the one time event.

IF, However, the employee continued to have trouble with their asthma (even though the air is "clear"), and the treating Dr. opines that the exposure of 3-4 days has permanently exacerbated or worsen the employee's condition, the insurance company could be on the hook for the employees asthma and asthma related treatment until such time as there is a settlement, the employee retires and begins to receive SSI or SSDI, or dies (and pray that they died from a freak accident involving a weedeater, some lime jello and cool whip--because if is pulmonary related, it would get ugly).

 

[wonderlandalice]

Thank you all so much for the input, resources, and advice on the situation! I'm learning way more than I ever thought I'd need to know about mold, realizing that there has been a LOT of exposure in the house that could promote mold growth, and finally feel a bit more confident about reaching out for legal advice. It's a huge relief just having knowledgeable people to talk to about the situation who can shed a little light on the situation.

I contacted the Developmental Disability Administration this past week in regards to the suspected mold. At least one of the clients has experienced rather severe similar symptoms along the timeline from when I first noticed my own and there are others living/working there that had mild symptoms that could have possibly been related. The person I spoke with said that they were going to send someone out to inspect the home in a timely manner. I intend to call back on Monday to see if an inspection was done and to figure out who I need to talk to about getting a copy of the results for my own folder on all this craziness.

Speaking of folder o' crazy times, I have all the documentation from my trips to the doctors and especially all the tests and such from my week spent in the hospital at the climax of my medical adventure. As well a documentation of contacts made to my supervisors/HR telling them my doctor was concerned about an environmental issue, my requests to be relocated to another position(was told they didn't have anything available) in a different house in the weeks leading up to my hospitalization, and my communication/the doctor's communication with the supervisor and HR department after being in the hospital expressing environmental concerns, requesting a test of some sort, and informing them that the doctor wouldn't clear me for return to work until the house has been tested/cleaned. All return communication has completely ignored that issue, instead asking for my medical documentation so they can boot me to unpaid FML and drop me to the curb to deal with it.

The other issue that I'm really floundering with right now is money. It has cost me almost two thousand dollars in unpaid sick leave and medical expenses since this began, not to mention the bills that are going to come swooping in from my hospital stay in the all too near future. I have zero money coming in and don't know where to turn. How long is filing a worker' comp claim going to take? Are there options or resources available out there in the mean time? I found a really good food pantry so I don't need food stamps and I don't think I qualify for any of the other programs offered by Human Services since I have a job, insurance, even a short term disability insurance policy that it turns out isn't all that helpful in my short term disability situation now that I'm smack dab in the middle of it. I need help with paying the bills to keep my phone on, car insurance, putting gas in the tank, and even continuing to pay out of pocket for the doctor appointments/prescriptions while the doctors continue running their tests to try and figure out what's going on. Normally I have a bit more money set aside to work with but my mother had her hip replaced in March and was unable to work so I was helping her pay her bills. Any advice/resources that could be given in regards to handling the financial chaos that's resulted from the situation would be greatly appreciated.

 

[Ladyback1]

seriously....get an attorney!

Your "job" on Monday morning, should be to file a claim. And at this point, I would not even go through your employer to do so. I would go straight to the state to file. Your second job is to contact Work Comp specific attorneys. At least one will consider taking your case on contingency basis (I bet anyway)

Your state will have time guidelines on how long they have to make a determination on the claim (my state is 30 days from date of filing). But with compelling medical records and an attorney, that time could be greatly reduced

 

[quincy]

If others feel an attorney needs to be consulted now, I won't argue the fact that an attorney can offer guidance and advice to wonderlandalice. His first piece of advice likely will be to have the workplace tested for mold - but if you think a claim should be filed before any investigation is done, well, okay.

There does need to be good groundwork laid for a worker's compensation claim based on a mold exposure illness.

Following is an interesting case out of Maryland for review, on a mold-related worker's compensation claim: Montgomery Mutual Insurance Company v. Chesson. It was decided on December 29, 2012. http://caselaw.findlaw.com/md-court-of-special-appeals/1613462.html

Here is a link to Maryland's Workers' Compensation Commission that outlines what can be covered: http://www.wcc.state.md.us/gen_info/wcc_benefits.html

And, wonderlandalice, take advantage of the links provided to find legal assistance in your area.

edit to add one additional note: YOU should inform your employer IN WRITING of your illness, certified letter, return receipt requested.

 

[justalayman]

http://www.wcc.state.md.us/gen_info/wcc_benefits.html

If a worker believes they have sustained a compensable injury, an Employee Claim may be filed with the Workers' Compensation Commission to receive a determination regarding the type and amount of any benefits to which the worker may be entitled. Initial determinations that may have been made by insurance carriers are not binding on the Commission.

it does appear that workers comp is your exclusive remedy in Maryland so I would not expect a big windfall here but only what the employer is legally required to pay which is

Generally, if a covered employee is temporarily totally disabled due to an accidental injury or an occupational disease the employer or its insurer shall pay to the covered employee compensation that equals two-thirds of the average weekly wage on the covered employee, up to a maximum of the average Maryland weekly wage. The "average Maryland weekly wage" is calculated every year by the Department of Labor, Licensing and Regulation (DLLR) and provided to the Commission for use in its calculations. In no case are the benefits to covered employees less than $50.00 (fifty dollars) per week, regardless of the individual's average weekly wage.

 

[cbg]

I'm thinking that it may not be possible for the OP on his own to have the workplace tested for mold - but either OSHA or a workers comp attorney can force the issue a lot better than the OP can as an individual employee. That's why I'm suggesting a claim first.

 

[wonderlandalice]

Just saw the new posts after I added mine, so I'll elaborate.

I mentioned in the previous post that I'm not the only one that's demonstrated symptoms. At least one of the residents(she's the oldest of the three) has gotten very sick and specifically had respiratory issues like me. I'm not sure about how much of that information I'm allowed to share in regards to my own case/claim due to confidentiality laws. Other residents and staff have exhibited allergy like symptoms that could have been mold or could have been the result of spring and summer. However during the past few months, they haven't had a constant overnight employee during the week days, so it's been people coming into the house that may have had symptoms(I have the names of at least two who have) and chalked it up to allergies, moved to a different house for their next shift, and never thought anything more about it. The people that work during the day are spending considerably less time in the home as well, so they wouldn't be getting as exposed to it as much as when I'm in the house for ten hours at a time Friday through Sunday nights.

As far as time away from the work site verse condition improvement, I am feeling better but not at 100%. I'm not coughing up specks of blood when I wake up in the mornings but I'm still having trouble catching my breath. I don't feel like I'm going to pass out when I'm on my feet for more than twenty seconds at a time but I still get really dizzy if I move to fast or over exert myself. I'm due to go in for a CAT scan of my lungs next week and the doctor is planning a bronchoscopy so he can test the effected lung tissue at some point in the near future. I'm concerned that after being exposed to whatever it proves to be for so long, some of the issues that have resulted may linger or be permanent but haven't gotten any straight answers about what to expect in regards to that. So I'm just taking it one day at a time and trying not to stress out about how I'm going to get this whole mess sorted out.

I have a calendar of the last three months documenting the days I would go into on Friday and get sick by Saturday mornings, sometimes I had money to go to the urgent care doctor and take off work for a day or two, sometimes I didn't and had to struggle through the weekend(which was only possible because I have an amazing staff team that worked the weekend day shifts and really kicked in extra time and effort on her part to make up with the house keeping/client care that was proving difficult because I was in such a haze from my symptoms). There's a pretty consistent cycle of coming home either after seeing the doctor or at the end of a weekend I managed to struggle through because I couldn't provide a doctor's note, being sick in bed for three to four days(I don't say sick in bed lightly, I was pretty much only out of bed for a couple hours at a time on these days to take care of my pets, fix food, bathe, then it would be back to bed), and then I'd finally be feeling well enough that I thought I could handle an overnight shift by the time Friday rolled around again(it's really a very laid back shift, it's not like I'm exerting myself so I was constantly telling myself that even if I wasn't feeling well I should just try to get through it because I couldn't afford to keep taking off work). I'd go in Friday night and all the symptoms would jump right back up by Saturday morning.

After a month of that, I saw my family doctor(I was reluctant to do so sooner because the copay is $30/40 a visit and I'd already spent almost $150 between April and May on doctor bills and prescriptions trying to fight the symptoms) on Wednesday, May 27th and he had me take the whole following weekend off. My symptoms improved considerably during that weekend off and when I came back to work the first weekend of June the symptoms were still present but mild enough that I was able to complete my work and didn't end up sick in bed for days following the end of the weekend. The second weekend I worked at the house following my weekend away, the symptoms came back with the most severity I'd experienced yet and that was the weekend that I ended up in the hospital.

 

[justalayman]

hopefully I wasn;t sounding dismissive of the possibility previously. While there are many times people claim things that simply are not likely, it is sounding more and more like your issue may quite possibly be work related. Any reason you have not filed a claim yet?