For the first time in the United States, an employee has successfully won workers’
Black mold exposure has caused tens of thousands of people to become sick—but most of those cases involve mold growing in people’s homes. Mold exposure litigation has flooded courts nationwide. This North Carolina case is unique because the state court of appeals has now ruled that mold exposure may be covered by workers’ compensation.
Shortly after his auto dealership was remodeled, Steven R. Jones, general manager and minority partner in Steve Jones Auto Group in Aberdeen, began experiencing coughing, burning in his nose and mouth, headaches, lack of energy and memory problems.
The culprit was black mold. The contractor had failed to seal an outside wall properly, which allowed in moisture—and a toxic bloom of mold to grow. Jones and the contractor that botched the remodeling job ultimately settled the matter for $1 million.
But Jones also filed a workers’ compensation claim, saying his symptoms were work-related. The dealership’s workers’ comp carrier countered that car dealerships are no more prone to mold exposure than any other business, so the condition was not work-related.
The North Carolina Court of Appeals ruled that, because Jones’ employment caused a greater exposure to mold-related disease than he would have had if he weren’t employed and because the disease was caused by workplace conditions, his reaction was an occupational disease and covered by workers’ comp.
Note: Don’t be surprised to see more cases like this. Mold-related illness is—literally—a growing problem.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10669/mold-at-work-spawns-new-class-of-workers-comp-claim "
- Strategies for sidestepping the higher rate for PSCs
- Employees win right to sue for employer post-Employment conduct
- Send tailored e-mails to deliver actionable health info
- COBRA claim for employee who didn't sign up for health insurance?
- Beware demanding 100% recovery--it could mean you're violating the ADA