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EBraithwaite

Can NYC employees sue the city for negligence?

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Im an administrator (middle management) at a NYC health facility (HHC), My staff and I are located in the basement and have been exposed to black mold, peeling paint and fumes. I have e-mails that go back to 2009, requesting repairs, and mold inspections, I've sent e-mails with pictures of the black mold and hazardous conditions. Two years ago my staff wrote a letter to the upper administration complaining of the fumes and conditions of the facility, but the conditions are getting worse. Now, 3 years later half of my staff and I are suffering from respiratory issues, and rashes. I myself have been diagnosed with asthma, I've loss my sense of smell, constantly congested and developed sleep apnea. Do we have a case? Should we just apply for workers comp? I was told it was difficult to sue the city as employee. AT this point we're desperate, I would resign but NOW I need the insurance. What are my options?

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1 - Your only remedy against your employer is workers compensation. So file a claim if you have a work related medical condition.

 

2 - Ever heard of OSHA? I can't believe you've worked under those conditions for 4 years without calling OSHA.

 

Also hard to believe that somebody in "middle management" doesn't already know about 1 and 2.

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In New Jersey, Title 59 - Claims Against Public Entities - is the Statute for filing lawsuits against public entities.  Check to see if NYC has a similar statute.  In addition to 'adjusterjack's' statement, I find it hard to believe that someone in 'middle management' would be working in a basement.

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Guest FindLaw_Amir

To learn more about your rights as an employee, you may visit the Employment Law Center as a good resource. You may also be interested in reading the following:

If you need further clarification, you may want consult with a local New York Employment Lawyer to address your specific claim.

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