If you work in a full-time office setting, you’ve likely experienced falling sick at least once or twice while on the job. Since you spend most of your days in enclosed spaces with recirculated air and shared surfaces, your chances of getting sick are extremely high. You can easily catch a cold or flu from coworkers, especially during the winter months when respiratory illnesses spread rapidly.
But what if it’s your working environment itself that’s making you sick? What if the building where you work is literally making you ill? Chances are, you’re experiencing sick building syndrome (SBS), a condition that has become a major occupational hazard affecting millions of workers nationwide.
Fortunately, California law allows employees to hold their employers accountable for exposing them to health risks by filing workers’ compensation claims when workplace conditions cause illness. Understanding what sick building syndrome is, recognizing its symptoms, identifying potential causes, and knowing your legal rights to compensation can help you protect your health and secure the benefits you deserve when your workplace makes you sick.
Key Takeaways
- Sick building syndrome refers to illnesses in the workplace caused by prolonged exposure to poorly maintained buildings.
- Common symptoms include headaches, respiratory issues, skin irritation, dizziness, and fatigue.
- SBS can be caused by poor ventilation, mold, asbestos, formaldehyde, carbon monoxide, dust, and other environmental contaminants.
- You can file workers’ compensation claims for sick building syndrome by proving your symptoms are connected to workplace conditions.
- If your claim is challenged, consulting an experienced California workers’ compensation attorney can help you understand your legal options and next steps.
Injured at work due to a third party? Adamson Ahdoot handles personal injury claims tied to workplace accidents when someone other than your employer is responsible. Get a free consultation today. Call us now at (866) 645-4992.
What is Sick Building Syndrome?
Sick building syndrome refers to workplace sickness caused by prolonged exposure to poorly maintained buildings or offices with environmental quality issues. These conditions can impact your skin, respiratory system, and overall health, resulting in various physical symptoms that may impair your ability to work effectively.
Common Symptoms of Sick Building Syndrome
SBS shows the following symptoms that often worsen during work hours:
- Respiratory Symptoms: Throat irritation, breathing difficulties, tightness in the chest, runny or stuffy nose, burning sensation in the nose or throat
- Skin Symptoms: Dry, itchy skin, rashes, irritation, dermatitis
- Neurological Symptoms: Headaches, dizziness, difficulty concentrating, fatigue, drowsiness
- General Symptoms: Fever, chills, nausea, eye irritation
These symptoms often resemble the common cold or flu, making sick building syndrome difficult to diagnose. One key indicator is whether symptoms occur or worsen at work and improve after leaving the building.
Example Case
Spencer started working at an old office building downtown. Two months into the job, he began getting headaches that would disappear a few hours after his shift ended. He later realized his head always seemed to hurt in his office, even though he had never experienced chronic headaches before starting this position.
Since Spencer doesn’t have a history of chronic headaches and only experiences them at his workplace, he could be diagnosed with sick building syndrome. This pattern—symptoms that appear at work and improve away from the building—is characteristic of SBS.
What Causes Sick Building Syndrome?
Besides fungus and mold growth, sick building syndrome can be caused by several environmental factors:
1. Poor Ventilation and Air Quality
Inadequate ventilation systems fail to provide sufficient fresh air circulation. This allows contaminants to accumulate. Modern buildings designed for energy efficiency often have sealed windows and rely entirely on HVAC systems that may not exchange air adequately.
2. Biological Contaminants
Biological pollutants thrive in damp or poorly ventilated environments. It may include:
- Mold and fungus from water damage or humidity
- Bacteria from standing water or organic materials
- Insect or animal droppings
- Pollen entering through the ventilation systems
3. Chemical Contaminants
Common sources include:
- Asbestos from old building materials and insulation
- Formaldehyde from wooden furniture, carpeting, and pressed wood products
- Carbon monoxide from malfunctioning heating systems or nearby parking garages
- Volatile organic compounds (VOCs) from cleaning products, paints, copiers, and printers
- Pesticides from pest control treatments
4. Physical and Environmental Factors
- High levels of dust and particulates
- Poor temperature control is causing excessive heat or cold
- Inadequate humidity control
- Poor lighting is causing eye strain
Since numerous factors can cause SBS, pinpointing the main culprit for your symptoms can be difficult. Doctors often determine causes through systematic elimination processes and environmental testing of workplace conditions.
Possible Treatments For Sick Building Syndrome
The good news is that sick building syndrome is highly treatable with appropriate interventions and environmental modifications.
Symptomatic Treatment
People can use over-the-counter medications to alleviate symptoms. These include:
- Antihistamines for allergies
- Decongestants for nasal congestion
- Pain relievers for headaches
- Asthma medications if experiencing breathing difficulties
However, medications should only serve as temporary measures while addressing underlying environmental causes.
Reducing Exposure
The most effective way to treat SBS is to minimize exposure to contaminated environments. This may involve requesting a different workspace or increasing air circulation. Other effective methods include using air purifiers, taking frequent breaks outside, and working remotely when possible.
Employer Responsibilities Under California Law
It’s your employer’s legal duty under California Occupational Safety and Health Administration (Cal/OSHA) regulations to provide you and your coworkers with safe workplaces. They must ensure buildings are regularly tested for mold, fungus, and other contaminants. Employers should regularly replace office air filters, promptly address water damage, properly maintain HVAC systems, and respond to employee complaints about indoor air quality.
These measures help employers prevent sick building syndrome and keep staff safe and healthy. As employers must maintain safe working conditions, addressing indoor environmental quality is an essential workplace safety obligation.
Can You Get Workers’ Compensation For Sick Building Syndrome?
Yes! You can receive workers’ compensation for sick building syndrome since it qualifies as an occupational illness under California law.
However, the claims process can be more difficult than for obvious workplace injuries, such as falls or equipment accidents.
Challenges in Proving SBS Claims
Sick building syndrome is an umbrella term encompassing various conditions. Even with an official diagnosis, you must prove clear connections between your office environment and your health problems.
Ways to Establish Causation:
- Document that symptoms only appear at work and improve when away from the building
- Identify coworkers experiencing similar symptoms simultaneously
- Obtain environmental testing showing contamination or poor air quality
- Provide medical opinions linking your condition to workplace exposures
- Keep detailed journals tracking symptom patterns
Finding other team members with sick building syndrome helps solidify claims that workplaces are unsafe. When multiple employees report similar symptoms, it strengthens arguments for environmental causation rather than individual health issues.
Temporary Disability Benefits
If your symptoms are severe enough that you cannot return to work or require reduced hours, you could file for temporary disability benefits through workers’ compensation. These benefits replace a portion of lost wages while you recover or while employers remediate building conditions.
How to File A Workers’ Compensation Claim For SBS
Filing claims for sick building syndrome follows similar processes to filing for workplace injuries, though proving causation requires more comprehensive documentation.
Step 1: Seek Medical Attention
Get immediate medical attention if you experience recurring symptoms. Note the frequency and severity of the symptoms, as well as what you were doing when they occurred.
Keep detailed journals tracking your condition. Include when symptoms appear, how long they last, and how they affect your ability to work.
Step 2: Get Official Diagnosis
Obtain an official diagnosis from healthcare professionals who are knowledgeable about occupational illnesses. Your doctor should document the connection between your symptoms and workplace environmental factors. Medical opinions linking your condition to building-related exposures are crucial for successful claims.
Step 3: Inform Your Employer
Once you have a diagnosis, inform your employer in writing about your condition and belief that it’s related to workplace conditions. Your employer must then report the occupational illness to their workers’ compensation insurance carrier and the Workers’ Compensation Appeals Board (WCAB) if disputes arise.
Step 4: Submit Claim Form
Complete and submit the DWC-1 claim form to your employer. After submitting claim forms, your employer’s insurance provider should authorize payment for medical bills while they investigate your claims. California law requires insurers to accept or deny claims within 90 days.
Step 5: Address Disputes
Disagreements in SBS cases are fairly common. Insurance providers often undermine claimants’ cases or offer inadequate initial settlements, hoping to resolve matters quickly. If you believe your employer’s insurance provider is undermining your case by disputing causation, minimizing symptoms, or denying benefits, consider hiring experienced workers’ compensation attorneys.
How Lawyers Can Help Employees Get Workers’ Compensation
Workers’ compensation lawyers help you secure the maximum possible settlement and ensure you receive compensation for as long as you need it.
Overcoming Insurance Company Tactics
Insurance companies do everything possible to avoid paying workers’ compensation benefits. They’ll use lack of medical evidence to invalidate claims, argue symptoms aren’t work-related, claim pre-existing conditions caused problems, or pressure you to accept inadequate settlements.
Fortunately, attorneys help you identify pitfalls you could face when filing claims. They evaluate the strengths and weaknesses of cases so you know what evidence you need to strengthen positions. Expert legal representation can make the difference between denied and approved claims.
Building Strong Cases
Lawyers gather compelling evidence, including:
- Medical documentation linking conditions to workplace exposures
- Environmental testing results showing contamination
- Witness statements from coworkers with similar symptoms
- Expert opinions from occupational medicine specialists
- Employer records showing complaints about building conditions.
Resolving Disputes
Experienced lawyers know the tactics insurance companies use during settlement negotiations. They’ll ensure you get workers’ compensation benefits you deserve, regardless of how long processes take, representing you at hearings before the Workers’ Compensation Appeals Board when necessary.
Workplace Conditions Caused by Others? If your illness or injury at work is due to a third party—like a landlord, building manager, or contractor—Adamson Ahdoot can help you pursue compensation. Protect your rights and hold the responsible party accountable.
Frequently Asked Questions About Sick Building Syndrome
How Do I Prove My Illness Is From Sick Building Syndrome?
Document when symptoms occur and improve; keep detailed symptom journals; obtain medical opinions linking conditions to workplace exposures; identify coworkers with similar symptoms; and request environmental testing of your building.
Can My Employer Retaliate Against Me for Filing an SBS Claim?
No, California law prohibits employers from retaliating against workers for filing legitimate workers’ compensation claims. Retaliation can result in additional legal claims and penalties.
What if My Employer Refuses To Address Building Problems?
File complaints with Cal/OSHA, which can inspect workplaces and order remediation. Continue pursuing workers’ compensation benefits and consult attorneys about potential legal actions.
How Long Do Sick Building Syndrome Symptoms Last?
Symptoms typically improve within hours to days of leaving contaminated buildings. However, prolonged exposure can lead to chronic conditions requiring extended recovery periods.
Will I Need To Return to the Same Building After Filing a Claim?
Not necessarily. Workers’ compensation may cover temporary transfers to other locations, or you may qualify for permanent disability if you cannot return to that workplace.
Can I Sue My Employer for Sick Building Syndrome?
Generally, no, as workers’ compensation is the exclusive remedy for workplace injuries in California. However, exceptions exist for intentional harm or gross negligence.
What if Multiple Coworkers Have Similar Symptoms?
This strengthens your case significantly. Multiple employees with similar symptoms provide powerful evidence that building conditions, not individual health issues, are responsible.
How Much Workers’ Compensation Can I Receive for SBS?
Compensation covers medical treatment, temporary disability benefits (typically two-thirds of average weekly wages), and, if conditions don’t fully resolve, permanent disability ratings.
What if I Developed Allergies or Asthma From SBS?
These conditions may qualify for workers’ compensation if caused by workplace exposures. Obtain medical documentation linking respiratory conditions to building environments.
Can I Get Workers’ Comp if I’m a Contractor, Not an Employee?
It depends on your classification. True independent contractors aren’t covered, but many workers classified as contractors may actually be employees entitled to benefits.
Expert Tips for Protecting Your Health and Claim
- Document Every Symptom Daily: Maintain detailed daily journals recording when symptoms begin, their severity on a 1–10 scale, how long they last, and whether they improve after leaving work. This documentation provides powerful evidence establishing patterns linking symptoms to workplace environments.
- Report Environmental Concerns in Writing: Take photographs and report environmental issues to your employer immediately. This includes visible mold, water damage, poor ventilation, unusual odors, and pest problems. Written complaints create paper trails proving that you notified your employer of dangerous conditions before filing claims.
- Request Environmental Testing: Ask employers to hire industrial hygienists to measure air quality, test for mold and contaminants, and evaluate ventilation systems. Testing results provide objective evidence supporting claims when symptoms correlate with environmental contamination.
- Gather Coworker Statements: Collect testimonies from coworkers who have experienced similar symptoms. Multiple employees reporting identical health problems strengthen the argument that building conditions, rather than individual health issues, are responsible. Collective complaints often prompt faster responses and remediation from employers.
- Consult Occupational Medicine Specialists: Seek medical evaluations from specialists in workplace illnesses. These doctors have specialized training in workplace illnesses and can provide expert opinions about causation that carry substantial weight in workers’ compensation proceedings and appeal hearings.
Why Choose Adamson Ahdoot for Your Sick Building Syndrome Claim
If you need help understanding the complex process of filing workers’ compensation claims for sick building syndrome, look no further than Adamson Ahdoot. We are a full-service civil litigation firm with over 100 years of combined legal experience handling workplace injury and occupational illness cases throughout California.
Our attorneys represent individuals in third-party personal injury cases involving unsafe building conditions, negligent property owners, or other responsible parties whose actions caused harm in the workplace. We understand how to prove causation, gather medical and environmental evidence, and pursue full compensation outside the workers’ compensation system.
We proudly serve diverse clients throughout California, offering free consultations in both English and Spanish. We will ensure language never becomes a barrier to justice.
We work on a contingency-fee basis for many cases, meaning you pay nothing unless we successfully recover compensation for you.
Call us at (866) 645-4992 today to schedule your free consultation and start building a robust workers’ compensation claim for sick building syndrome.
References
- California Division of Occupational Safety and Health (Cal/OSHA) – Indoor Air Quality Standards
- California Labor Code Division 4 (Workers’ Compensation)
- Environmental Protection Agency (EPA) – Indoor Air Quality
- National Institute for Occupational Safety and Health (NIOSH) – Building-Related Illness
- California Department of Industrial Relations –Workers’ Compensation Information
