Mold exposure in the workplace isn’t just a Florida issue—Illinois workers are also at risk, especially in older buildings, schools, factories, and healthcare facilities where mold can thrive. But does exposure to mold qualify for a workers’ compensation claim in Illinois? The answer is yes, but like in Florida, proving your claim requires strong evidence and swift legal action.
Understanding Illinois Law on Mold Exposure: Role of Workers Compensation Attorneys
Illinois recognizes mold-related illness as a potential occupational disease under the Workers’ Occupational Diseases Act (820 ILCS 310/). This law allows injured workers to seek compensation if an illness or condition arises out of and during the course of employment, with a focus on Illinois state law and the unique aspects of workers comp in this state.
To qualify for workers’ compensation due to mold exposure in Illinois, an injured worker must demonstrate:
That they were exposed to mold as a direct result of their job duties or work environment,
That this exposure caused or worsened a medical condition, and
That the disablement (i.e., symptoms interfering with work) occurred within two years of the last exposure.
It is crucial to accurately identify the date of exposure and injury, as the date can significantly impact the success of your claim. Injured workers must file their claim promptly and correctly to avoid delays or denials. Taking action early in the process is essential to secure the benefits you deserve. Experienced workers comp lawyers and their professional team manage the entire case, from filing to resolution, and are skilled at managing claims involving both traditional insurance and self insured employers, as well as public sector departments. Many legal teams have decades of experience handling occupational disease cases and have received positive feedback for their results. Local office support is often available for in-person assistance.
Illinois courts require credible medical evidence linking the mold exposure to the illness. This could include specialist evaluations (e.g., pulmonologists or allergists), air quality testing, and workplace documentation of mold presence. The knowledge of a professional legal team is invaluable in building a strong case, and they can provide clear answers to common questions about mold-related workers comp claims. Mold exposure can lead to temporary or permanent disability, affecting a worker’s ability to return to work. The goal is to help injured workers recover and return to their jobs. If you suspect a mold-related illness, take action today to protect your rights and access the benefits you need.
Introduction to Mold Exposure
Mold exposure is a growing concern for workers across many industries, especially those employed in environments prone to moisture, high humidity, or water damage. Prolonged or repeated exposure to mold can cause a range of health issues, including respiratory problems, allergic reactions, and even more serious long-term conditions. For injured workers who have suffered health problems due to mold exposure on the job, understanding your rights under workers compensation law is essential. Workers compensation benefits are designed to help those who are injured or become ill as a result of their work environment, and a knowledgeable workers compensation attorney can guide you through the claim process to ensure you receive the benefits you deserve. Federal employees should also be aware that they are entitled to protections and benefits under federal workers compensation programs. If you believe you have suffered from mold exposure at work, seeking legal representation can help you navigate the complexities of your claim and ensure you receive the care and compensation you are entitled to.
How Illinois Workers Compensation Law Compares to Florida
Factor | Florida | Illinois |
|---|---|---|
Legal Statute | Florida Statute § 440.02(1) | Workers’ Occupational Diseases Act (820 ILCS 310/) |
Standard of Proof | Clear and convincing evidence | Must establish job-related exposure and illness, usually with medical and environmental evidence |
Filing Deadline | Report injury within 30 days | Disablement must occur within 2 years of last exposure |
Type of Claim | Toxic substance injury | Occupational disease |
When comparing Illinois and Florida, having specialized knowledge and a clear focus on workers comp law is essential. The differences between each state’s system require expert understanding to navigate the claims process effectively.
In both states, mold claims are more complex than standard workplace injuries due to the invisible nature of exposure and the need to prove causation scientifically.
What Injured Workers in Illinois Should Do
If you suspect mold-related illness in Illinois, take these steps:
Take action quickly to protect your rights by addressing your concerns as soon as possible.
Report symptoms and mold presence to your employer immediately
Seek prompt medical attention from professionals familiar with occupational illnesses, as mold-related illness can result in temporary or permanent disability.
Document everything — photos, air tests, communication with HR, and coworker symptoms
File your claim correctly and promptly to ensure your case is processed without unnecessary delays.
Consult a qualified Illinois workers’ compensation attorney as soon as possible
A professional legal team can help manage your case, provide answers to your questions, and guide you through each step of the process. Our lawyers have received positive feedback from clients for their dedication and responsiveness. We are committed to helping workers recover from their illness and return to work. Legal support can help address the challenges of disability and ensure you receive the benefits you deserve.
Contact our office today to speak with a member of our team about your claim.
Because mold claims often involve disputed causation, it’s critical to build a detailed record from the start.
Prevention and Remediation
Preventing mold growth and addressing existing mold issues are key steps in protecting workers and reducing the risk of workplace illness. Employers have a legal responsibility to maintain a safe working environment, which includes taking proactive measures to prevent mold and promptly remediating any mold that is found. By doing so, employers can significantly lower the risk of workers compensation claims related to mold exposure. Medical providers play a vital role in diagnosing and treating mold-related illnesses, and their expertise is often crucial in supporting workers compensation claims. For self-insured employers, it is important to ensure that adequate coverage is in place to handle potential claims and provide benefits to injured workers. A workers compensation attorney can assist injured workers throughout the claim process, helping them handle any issues that arise and ensuring they receive the benefits they deserve. Additionally, federal workers and federal employees have access to specific resources, including free consultation and legal representation, to help them manage their workers compensation claim and secure the compensation and care they are entitled to. By prioritizing prevention and effective remediation, employers can create a safer workplace and reduce the risk of injury and claims for everyone involved.
Why Legal Representation Is Crucial
Employers and insurers may argue that mold exposure occurred outside of work, or that symptoms are related to allergies or pre-existing conditions. At Demesmin and Dover, while based in Florida, we understand the importance of working with local counsel in Illinois and can help refer you to experienced attorneys who are familiar with the state’s occupational disease laws. Our professional team of workers comp lawyers brings decades of knowledge and experience, with a focus on managing workers comp cases for clients throughout Illinois. Our office is dedicated to providing clear answers and effective case management for clients from various departments, including public sector employees. Many clients have shared positive feedback about the support and guidance they received from our team.
Need Help With a Mold Claim in Florida or Illinois?
Whether you live in the humid climate of Florida or the industrial environments of Illinois, mold exposure at work can have serious health and financial consequences. If you’re struggling with symptoms and believe mold is to blame, don’t delay. Legal help is critical—especially in states where the burden of proof is high. Contact our team today for answers and professional help with your case.
Call Demesmin and Dover Law Firm at 866-954-MORE (6673) for a free consultation. We’re available 24/7 and work with a trusted network of occupational disease attorneys across the country to protect your rights wherever you are.