AM and LB, 38 and 36 years old, worked as bank loan processors in Naperville, Illinois. They were referred to Lipkin & Apter by another attorney after developing aggravations of their pre-existing asthma due to breathing dirty air at work. After investigating their claims, we filed both Workers’ Compensation claims against their employer, and lawsuits against a building maintenance company, a janitorial service and the janitor’s employer, for failing to maintain the building’s HVAC system and properly clean the office carpet following multiple water leaks and toilet overflows. We claimed that a dangerous build-up of mold and dust developed in the walls of the office building effecting air quality, triggering respiratory symptoms in our clients. AM and LB sustained permanent injuries as a result of their exposure to the poor air quality.
After many months of litigation and several depositions, including co-workers, and physicians, the parties agreed to submit the matter to a Mediation chaired by a retired judge. Mediation occurs outside the Court process and has as its only goal, settlement of the case. While non-binding means either party can quit the Mediation and pursue litigation, it is often a way to streamline and resolve a case.
The attorneys at Lipkin & Apter have successful experience processing mold and toxic tort cases and OSHA air quality restrictions. In this case, Lipkin & Apter successfully negotiated a settlement of $420,000. Defendants initially offered a total of only $20,000. Our investigation and medical testimony proved to the Defendants that our client’s claims were severe and possessed a strong likelihood of success at trial.
We welcome the opportunity to review your mold, poor air quality or toxic tort workmens compensation case and discuss it with you. Please call or contact us online for your no-charge consultation.