Mold exposure in the workplace is a hidden hazard that can lead to serious health problems and costly absences. From government buildings and schools to hospitals and construction sites, California employees may be exposed to toxic mold without realizing it—until symptoms appear. Fortunately, California law provides a pathway for injured workers to seek compensation through the state’s workers’ compensation system. This article explains how mold-related claims work, what symptoms qualify, and how a California toxic mold lawyer can help employees protect their rights.
Why Mold Is a Workplace Hazard
Mold thrives in damp, poorly ventilated environments. In workplaces, it may grow due to:
- Leaky roofs or plumbing
- Flooding or water intrusion
- Poor HVAC maintenance
- High humidity in kitchens, locker rooms, or basements
- Inadequate building design or insulation
Common mold species found in workplaces include Stachybotrys chartarum (black mold), Aspergillus, Penicillium, and Cladosporium. These molds can produce mycotoxins—microscopic particles that trigger allergic reactions, respiratory issues, and neurological symptoms.
Health Effects of Mold Exposure
Symptoms vary depending on the mold type, exposure level, and individual sensitivity. Common health effects include:
- Asthma attacks and chronic bronchitis
- Sinus infections and nasal congestion
- Skin rashes and eye irritation
- Headaches, fatigue, and difficulty concentrating
- Hypersensitivity pneumonitis (a rare lung condition)
- Fungal infections in immunocompromised individuals
Symptoms may worsen during work hours and improve on weekends or vacations—suggesting a workplace-related cause.
Can Mold Exposure Qualify for Workers’ Compensation?
Yes. Under California law, employees may file a workers’ compensation claim for mold-related illness if:
- The exposure occurred in the course of employment
- The illness is diagnosed by a medical professional
- The condition impairs the employee’s ability to work
Workers’ compensation benefits may include:
- Medical treatment
- Temporary or permanent disability payments
- Vocational rehabilitation
- Mileage reimbursement for medical visits
Employees do not need to prove employer negligence—only that the illness is work-related.
How to File a Mold-Related Workers’ Comp Claim
Step 1: Seek Medical Attention
Visit a doctor immediately and describe your symptoms and workplace conditions. Ask the physician to complete a Doctor’s First Report of Occupational Injury or Illness (DFR)—required for workers’ comp claims.
Step 2: Notify Your Employer
Report the illness to your supervisor or HR department as soon as possible. California law requires notification within 30 days of discovering the condition.
Step 3: File a Claim Form
Complete a DWC-1 Claim Form and submit it to your employer. This starts the formal workers’ compensation process.
Step 4: Document the Mold Exposure
Gather evidence such as:
- Photos of visible mold or water damage
- Maintenance records or inspection reports
- Witness statements from coworkers
- Medical records and diagnoses
This documentation strengthens your claim and may be useful if litigation becomes necessary.
Challenges in Mold-Related Claims
Mold claims can be difficult due to:
- Lack of standardized exposure limits
- Difficulty proving causation
- Insurers disputing the work-related nature of the illness
- Employers denying the presence of mold
A skilled California toxic mold lawyer can help overcome these challenges by coordinating expert evaluations, preserving evidence, and advocating for full benefits.
Third-Party Liability and Toxic Tort Claims
In some cases, employees may pursue additional compensation through a third-party lawsuit. Examples include:
- A building owner who failed to maintain safe conditions
- A contractor who caused water intrusion
- A manufacturer of defective HVAC systems
These toxic tort claims may allow recovery for:
- Pain and suffering
- Emotional distress
- Punitive damages
Unlike workers’ comp, these claims require proof of negligence and causation.
Real-Life Example
A hospital worker in Los Angeles developed chronic sinus infections and fatigue after repeated exposure to mold in a poorly ventilated storage room. Despite complaints, the hospital failed to remediate the issue. The employee filed a workers’ comp claim and later sued the building maintenance contractor. Her California toxic mold lawyer secured a combined settlement of $275,000, covering medical care, lost wages, and emotional damages.
Statute of Limitations
Under California Labor Code § 5405, employees generally have:
- One year from the date of injury or illness to file a workers’ compensation claim
- Six months to file a government claim if employed by a public entity (Gov. Code § 911.2)
Delays may result in denial, so prompt action is essential.
Final Thoughts
Mold exposure in the workplace is a serious health risk—and California law provides a path to recovery. Whether you work in a school, hospital, office, or construction site, you have the right to a safe environment. If mold has made you sick, workers’ compensation may cover your medical bills and lost income. And if third-party negligence is involved, you may be entitled to additional damages. A qualified California toxic mold lawyer can help you navigate the process and fight for the compensation you deserve.
References
- California Labor Code § 5405. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=5405
- California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- California Department of Public Health – Molds in Indoor Workplaces: Fact Sheet for Workers and Employers
- HG.org – Toxic Mold at Work: Employee’s Legal Options
- LegalClarity – Mold in the Workplace: Employee Rights and Legal Options
- Law Office of Leslie S. Shaw – California Workplace Illness: Exposure to Toxic Mold
- MMRBH Law – Suing for Mold Exposure at Work: What You Should Know
- Harvey & Carpenter – Exposure to Mold: Workers’ Compensation Cases
