Do I have grounds to sue my employer and or building contractor for unsafe working conditions resulting in personal injury?

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Do I have grounds to sue my employer and or building contractor for unsafe working conditions resulting in personal injury?

My station at the fire department I work at has tested positive for toxic black mold that caused me to have asthma nosebleeds, chronic migraines, skin rashes and vertigo for 2 years. The governing body was informed of the water leak and building construction defect 1 year prior to discovery of the mold. Do I have grounds to sue my employer and/or contractor for unsafe working conditions that resulted in lung disease and possibly me being unfit for duty?

Asked on December 22, 2011 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to consult with an attorney with experience in suing governmental agencies immediately, if this is a municipal fire department; and/or someone with experience in suing chartable non-profits, if this is a volunteer fiire department.The answer is, if the fire department or whoever governs it had reason to know of the fact, or even significant risk, of mold, they may be liable--or at least, they might be, if you were talking about a typical private employer. However, there are special rules and immunities for both government agencies and for certain quasi-governmental or charitable organizations, which rules include shorter than usual timeframes for taking action. Therefore, since from the facts you describe, there could potentially be liability, speak to an experienced attorney right away to see if you can take action against your employer. Good luck.


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