Workplace Mold Exposure Claims

Mold can grow anywhere moisture collects, and that includes offices, warehouses, schools, and other workplaces. If you have developed coughing, sinus problems, headaches, or other symptoms that seem tied to a building where you work, it makes sense to want to understand your options. This page explains what workplace mold exposure is, how work-related illness is generally handled in Colorado, and what to document.

One thing up front: Our mold practice handles residential tenant cases; mold exposure at work is generally a workers' compensation matter. We do not take workplace mold claims, but we want you to have accurate information about where these cases usually go.

What Workplace Mold Exposure Is

Mold grows where water and organic material meet. At work, common sources include:

• Leaking roofs, windows, or plumbing
• HVAC systems with moisture problems or contaminated ductwork
• Water-damaged ceilings, basements, and storage rooms
• Poor ventilation in humid spaces such as kitchens, locker rooms, or food processing areas

Health effects vary from person to person. Some people notice allergy-like symptoms, and people with asthma or weakened immune systems may react more strongly. A doctor is the right person to evaluate whether your symptoms are related to mold.

Work-Related Illness and Colorado Workers' Compensation

In Colorado, an illness or injury that arises out of your employment is generally handled through the workers' compensation system rather than through a lawsuit against your employer. Workers' compensation does not depend on proving that your employer was at fault. In exchange, the benefits are defined by law and generally do not include pain and suffering.

Depending on the claim, workers' compensation can cover medical treatment for the work-related condition and partial replacement of lost wages, and it may provide benefits for lasting impairment. An illness that develops over time from conditions at work, such as mold exposure, may be treated as an occupational disease claim, which can raise questions about when symptoms began and how they connect to the workplace.

Workers' compensation has its own notice and filing deadlines, and some are short. If you think your illness is related to your job, report it to your employer in writing as soon as you can and talk with a workers' compensation attorney about the deadlines that apply to you. Our Colorado workers' comp benefits guide explains the system in more detail.

In some situations, someone other than your employer, such as a building owner or contractor, may also be responsible for the conditions. Whether a separate claim exists depends on the facts, and a workers' compensation attorney can help you sort that out.

What to Document

• The conditions. Dated photos or video of visible mold, water stains, leaks, and musty areas.
• Your reports. Copies of any written notice to your employer or building management, and any responses.
• Your symptoms. A simple log of when symptoms started, when they get better or worse, and whether they ease when you are away from work.
• Medical care. Tell your doctor where you work and what you have observed, and keep records of visits, diagnoses, and prescriptions.
• Coworkers. Names of others who have noticed the same conditions or symptoms.
• Testing or inspections. Any air quality, inspection, or remediation reports you receive.

If the Mold Is Where You Live

If you rent your home and your landlord has not addressed a mold problem, that is a different situation, and it is the kind of case our mold practice handles. You can read more in our guides to Colorado landlord mold liability and mold in your apartment.

For mold at work, a Colorado workers' compensation attorney is the right place to start.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult with an attorney about your specific situation.