Legal Question in Workers Comp in Illinois

Mold Infested Building

I work for the state government. The building in which we work is an old warehouse. With our particular agency we need to have a bank on the premises, which is located on the second floor, our office is on the first floor. The bank leases the building from a private owner. I have systemic lupus, multiple allergies, one of which is mold. I have been put on oral chemotherapy for the lupus in relation to the swelling in my neck and face. We have complained as employees as a group that the building is a sick building, but to no avail for ten years. The Dept. of Labor has been called.They are presently testing the building.There is mold everywhere along with dead mice, bugs, etc. My question is the fact that I have been oral chemotherapy because of the swelling in my neck and face when in fact it is probably a reaction to the mold, can I file a claim against workmen's compensation and be paid for all of the unpaid FMLA leave. I go to work feeling fine, walk into the building and have swelling in the face, neck, etc. My allergist has seen me multiple times and says I'm having a reaction. What is my recourse?


Asked on 5/31/03, 7:46 am

3 Answers from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Mold Infested Building

The answer to your question is IF you can prove all that you say, you are entitled to Workers' Compensation benefits which includes money for the time you were off work. There are other benefits which I'm sure you are not getting. But it would take an experienced attorney to handle the matter. You may also have a liability case against the building owner.

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Answered on 5/31/03, 7:17 pm
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Mold Infested Building

Please call our office at (800)322-0359.

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Answered on 6/05/03, 3:27 pm
Michael Mahoney Michael T. Mahoney, Ltd.

Re: Mold Infested Building

Your claim falls under the category of occupational disease. Your treating physicians must attribute your medical condition to some form of toxic exposure (mold or otherwise) at your workplace. Your claim will be subjected to scrutiny by multiple experts hired by your employer as well as by your employer's attorneys. There are also time limits applicable to your claim. Therefore, it is critical that you hire an attorney to assist you with the investigation and processing of your claim as soon as possible.

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Answered on 5/31/03, 9:45 am


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