[VA] Can I recover back pay for missed work due to mold exposure causing health issues?

VA Employment

Charlie

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Based on what you’ve described, here are some general points and next steps to consider (general information only, not legal advice):

1.Potential Right to Back Pay

Generally, back pay is only owed if your missed work qualifies as protected leave or work-related injury/illness. In Virginia, that would typically require:

A doctor’s note or medical evidence stating your illness is directly related to workplace exposure.
A workers’ compensation claim being approved (which would cover lost wages during time off for a work-related health condition). (VA Code § 65.2-502 (A))
If you have not yet filed a workers’ compensation claim, that would be the first and most important step. Your doctor’s notes referencing possible work-related causes of your symptoms can support that claim.

2. Filing a Workers’ Compensation Claim

Here’s how to proceed:

Notify your employer in writing that you believe your illness was caused by mold exposure at work.
Ask to file a Form 5 (Notice of Accident) with the Virginia Workers’ Compensation Commission.
Include your medical documentation and test results as attachments.

If approved, workers’ comp can cover:

A portion of your lost wages.
Medical treatment related to your exposure.
Possible long-term care if respiratory issues persist.

If your employer refuses to file the claim or retaliates, you can contact the Virginia Workers’ Compensation Commission directly at https://www.workcomp.virginia.gov or call (877) 664-2566.

3. Mold and Workplace Safety Reporting

Since OSHA was already notified, you can also:

Request a copy of OSHA’s findings for your workplace inspection.
Follow up with OSHA if you suspect your employer misrepresented the situation. OSHA’s hotline: (800) 321-6742
Keep your own records — dates you reported issues, doctor visits, and missed work days. That evidence helps demonstrate the connection between the environment and your health.

4. Next Practical Steps

Ask your doctor for a written statement explicitly connecting your health issues to possible workplace mold exposure.
Submit that note to HR or your foreman with a short, polite written request to open a workers’ compensation claim.
Document all your communications and keep copies.
If your employer continues to ignore the issue or retaliates, contact a Virginia employment attorney or the Legal Aid Justice Center (they handle workplace health and retaliation cases).

5. Regarding Your Missed Time

Unless the illness is certified as work-related or qualifies under the Family and Medical Leave Act (FMLA), employers typically don’t have to provide back pay for missed days. That’s why the workers’ compensation route is key — it formally recognizes your absences as connected to the workplace condition.

Claim Form | Virginia Workers' Compensation Commission

Full Conversation

I have been missing a lot of work since September due to health issues. A coworker came to me in mid-September and told me there was mold gathering on some equipment that we were working on and had sent samples to a mold specialist. The tests had come back positive for several different types. I explained to my foreman that I wanted to be moved outside, and that was not an issue. Should I be allowed back pay for the hours I missed?

Lexi, Chatbot

I'm sorry to hear about your health issues and the concerns regarding mold at work. Have you formally notified your employer about the mold situation and your health complications?

Yes, I told them and they said they would look into it, but my former coworkers inside tell me they have heard nothing about it, and it appears all they have done is sweep it under the rug.

Lexi, Chatbot

Have you documented your missed workdays and any communications you've had with your foreman regarding your request to move outside?

I don't have any for the foreman communication, but pay stubs clearly show missing days since I went to the doctor on or about Sept 4. I also have doctor appointment documents about said visit, results of the mold test the coworker sent me, and documents about a doctor visit near the end of September (yearly physical) in which I discussed the earlier visit for the health issues but had not received the results of the mold test back yet.

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your back pay issue.

Yes.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.
Which state do you work in?

Virginia.

Charlie

Understood. How long have you worked for this employer?

Roughly 5 years.

Charlie

Could you tell me if your employer has taken any steps to address the mold issue since you reported it? For example, have they conducted any inspections or made any changes to the work environment?

So apparently before I had gotten the results back, someone else had reported them to OSHA. They sent us home for the day and several hours later came back and told us we were good to work the following day. I found this a little suspicious that any type of results had come back that quick because I knew it had been a few days that my coworker had sent in a sample and had not received anything yet. When I requested to be moved outside, I was told that they would talk with the general contractor and discuss what the next steps for them were, but I think they moved me outside and just left the issue alone because several people inside said they knew nothing about it.

Charlie

How much work have you missed due to this issue?

Since September, I would say at least 2 days, probably 3 a week. I would go in and the first day I would be okay, maybe start breathing issues around lunchtime. The next day not so great, and by that evening have flu-like symptoms for a few days after that, as well as breathing issues. The flu-like symptoms would go away. The breathing—not great but tolerable (I have asthma)—so I go back for a few days. Rinse and repeat. Apparently this didn’t go through the last time I sent it.

Charlie

Did you ask your employer to open a workers' compensation claim?

I have not because I didn’t know what was going on till later on. Last Thursday was when I discussed this with them, and this Monday was the first time I had been back since the 29th of September.

Charlie

Understood! I think I have all the information I need, but is there anything else you’d like to add before I get started on your answer? If not, I’ll start working on a response for you right away.

So on the 29th is when my colleague gave me the test results. The 28th was my physical where I reiterated the prior visit issues, so I also did not have the results but had told him a sample had been sent. His notes show that my issues could stem from work-related issues.

Charlie

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Also, it's probably before September, as I had started that job mid to early August, but I am basing this on my doctor visit at the beginning of September.

Charlie

Thank you for providing those details — this situation sounds very difficult, and it’s good that you’ve started gathering documentation.

Charlie

Based on what you’ve described, here are some general points and next steps to consider (general information only, not legal advice):

1.Potential Right to Back Pay

Generally, back pay is only owed if your missed work qualifies as protected leave or work-related injury/illness. In Virginia, that would typically require:

A doctor’s note or medical evidence stating your illness is directly related to workplace exposure.
A workers’ compensation claim being approved (which would cover lost wages during time off for a work-related health condition). (VA Code § 65.2-502 (A))
If you have not yet filed a workers’ compensation claim, that would be the first and most important step. Your doctor’s notes referencing possible work-related causes of your symptoms can support that claim.

2. Filing a Workers’ Compensation Claim

Here’s how to proceed:

Notify your employer in writing that you believe your illness was caused by mold exposure at work.
Ask to file a Form 5 (Notice of Accident) with the Virginia Workers’ Compensation Commission.
Include your medical documentation and test results as attachments.

If approved, workers’ comp can cover:

A portion of your lost wages.
Medical treatment related to your exposure.
Possible long-term care if respiratory issues persist.

If your employer refuses to file the claim or retaliates, you can contact the Virginia Workers’ Compensation Commission directly at https://www.workcomp.virginia.gov or call (877) 664-2566.

3. Mold and Workplace Safety Reporting

Since OSHA was already notified, you can also:

Request a copy of OSHA’s findings for your workplace inspection.
Follow up with OSHA if you suspect your employer misrepresented the situation. OSHA’s hotline: (800) 321-6742
Keep your own records — dates you reported issues, doctor visits, and missed work days. That evidence helps demonstrate the connection between the environment and your health.

4. Next Practical Steps

Ask your doctor for a written statement explicitly connecting your health issues to possible workplace mold exposure.
Submit that note to HR or your foreman with a short, polite written request to open a workers’ compensation claim.
Document all your communications and keep copies.
If your employer continues to ignore the issue or retaliates, contact a Virginia employment attorney or the Legal Aid Justice Center (they handle workplace health and retaliation cases).

5. Regarding Your Missed Time

Charlie

I hope that helps!

If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.

My ultimate goal during our conversation is to ensure that you clearly understand the information provided. Please let me know if you need any clarification on the information provided or have any follow-up questions, as I will be very happy to assist you further.

So are you saying it's in my best interest to speak with a local attorney?

Charlie

The first step is to open a workers' compensation claim.

I am in the IBEW. Should I go through them first?

Charlie

You can.

Ok thanks.

Charlie

You are welcome.

Is there anything else I can help you with today?

No.

Charlie

Very good. I wish you the best.

Charlie

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