What's Lurking in Your Classroom ? Filing a WSIB Claim After Exposure to Mould

There are a number of factors that can result in mould in a classroom. Older, crumbling schools, lack of funding for building maintenance and repairs, and loss of custodial staff  to monitor the operating mechanics of a school are just some of the reasons for mould infestations.

Disability resulting from exposure to mould in the workplace is considered an “occupational illness” by the Workplace Safety and Insurance Board (WSIB). Such exposures may or may not lead to disability. Individuals may react differently even to similar exposures: one person may experience no symptoms or difficulties whatsoever, while another may develop serious – even disabling – health issues. People exposed to mould are sometimes not even aware and the delay in the appearance of symptoms presents its own challenges. It is no wonder, then, that filing a WSIB claim for mould exposure can be complicated and frustrating.

The WSIB has very specific policies and criteria for approving claims for mould- related exposure. There is no automatic entitlement to benefits because mould has been discovered in a classroom, even if there has been an extended exposure.

The WSIB will look for medical evidence that substantially supports a connection between workplace exposure and your becoming ill: proof that mould exists, and that you were exposed to it; and proof that  the exposure has had a direct impact on your health and has significantly contributed to your inability to perform your job.

Here is some of the information you will need to provide if you elect to file a WSIB claim because you have developed a work-related illness as a result of exposure to mould.

Proof that mould exists and that you were exposed to it

When mould is disturbed it releases spores that contaminate the atmosphere. It is important that tests that establish the presence of mould – such as a visual building inspection or an analysis of samples – be conducted as soon as possible after an exposure is discovered and a claim is made. Copies of the results should be provided to the WSIB. You must also be able to verify that you were regularly exposed to the mould.

Medical evidence to support claim

The medical information you submit should address whether there is a probable connection between the illness and workplace exposure. When it comes to mould-related claims, it is critical that you see a physician who specializes in occupational diseases and who can diagnose your illness and show how workplace exposure played a role in its development. Your family doctor may be able to refer you to a specialist or you could attend one of the Occupational Health Clinics for Ontario Workers (OHCOW). A listing of these clinics is available at ohcow.on.ca/clinics/index.html.

The WSIB will also investigate whether there could be other explanations for your illness, such as a pre-existing condition (for example, asthma or allergies) or a family history of respiratory difficulties. For this reason it is important to have strong medical evidence connecting the development or exacerbation of your condition to your exposure to mould. Mould thrives in moist, dark environments and can be found anywhere, so your specialist will need to determine that your illness resulted from exposure to mould in your classroom and not somewhere else.

Disability and impairment

Once the connection is made between your illness and the workplace exposure, the WSIB will look at the severity of your symptoms and whether you are unable to work.  Again, it is your specialist who will be able to comment on these issues. Your doctor may determine that you are unable to work in any capacity or that there are restrictions and limitations to the kind of work you can do.

Witnesses and colleagues

As part of its investigation of a claim, the WSIB will often request  the  names  of  witnesses who  may  also  have  been exposed to the mould and developed symptoms, or colleagues who were aware of your worsening condition. The more complaints of problems due to mould exposure from members in your school, the better chance a claim will be approved. Multiple complaints will also prompt a school board to take more seriously its responsibility for removing the mould and maintaining a clean and safe working environment.