Prt Jefferson, NY Personal Injury Law Firms & Lawyers | Page 2 Results

You had two potential claims, one for property damage (the cost of clearing up the mold problem in the mobile home, or diminished value of the home) and a personal injury claim for your health problems. You cannot get money for the aggravation and time spent pursuing the property damage claim. You are only entitled to the property damage. Also, since you have settled the case, even if you could have gotten money for the aggravation, you can't now. If the release you signed in settling the case was a general release for any and all claims, you cannot sue for personal injuries after settling the case. It may be that you had no real suit for personal injuries. You have to prove that your health problems were caused by the mold, which means you have to have a doctor testify that your problems were caused by the mold. Usually, even though the doctor suspects mold as the cause, the doctor cannot testify to this to a reasonable degree of medical certainty unless certain lung samples were taken and analyzed when you began your medical treatment.

You must meet with an experienced attorney immediately. There are very short time limits on the notice you have to give in order to pursue a lawsuit successfully

Usually, the function of release to work with restrictions is to allow the employer to have the employee return to the workforce. So, the concept is that they are allowing her to come back to work, provided that she works within the restrictions. If you are her supervisor, then it is up to you to instruct her that she is not allowed to lift anything beyond the weight limit set by her doctor. If she does, then you take disciplinary action the same as if she were breaking any other workplace rule. Document this to the max. You did not deny her the cold packs, you allowed her access per company rules. She dosen't have to like the company policy, but she does have to follow it, the same as you, whether it is stupid or not. Write up a memo for all of this, make it as factual as possible, no editorials, no characterizations, just a recitation of the events, ask your boss to sign it. Notify HR regardless, let them deal with it.