taking financial responsibilty

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taking financial responsibilty

I have been managing a self storage for almost 6 years. The house that comes with the job has a lot of mold through out the entire house. I was in for good health when I started working here. Over the past years I informed my employer many times about my concerns and I have did a lot of work on the house to remove the mold as I upgraded the house. I started having heart and breathing problems a while back. It got bad enough to where I went to the doctors. I was just informed that I have pulmonary hypertension as well as lower right heart valve disorder. Not sure if you are familiar with either of them. But they are not fixable. Normally they say you get 2 to 5 years left if it was caught in time. Unfortunately it took them almost 2 years to figure it out. I guess what I want to know is it possible to sue my employer for my medical conditions since they were aware of the problems here and chose to over long it? I’m becoming unable to work much and I have a family to take care of. Which soon I won’t be here any longer to do.

Asked on August 11, 2019 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the employer owned the house, as we presume since they supplied it as part of the job, then as the home's owner and your landlord, they are liable for conditions affecting health, if they were given notice of the condition (e.g. told or warned about it) but, despite such notice, failed to do anything. If you warned them repeatedly as you indicate and if there is medical evidence (e.g. the opinion of doctors who treated or examined you) that the mold caused your health issues, then you should be able to sue your employer for compensation. It would be well worth your while to consult with an attorney about the case and what it may be worth. The key is, you will need medical evidence or testimony linking your health issues to mold, and also must be able to prove the existence and presence of the mold.


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