Heat-Related Work Injuries in California: Can You File a Claim?
As an injured employee, you are entitled to workers’ compensation benefits when you have been hurt on the job. A Riverside workers’ compensation attorney at Heiting & Irwin can help you navigate the complex legal system and deal with the insurance company.
Your entitlement to workers’ compensation benefits does not depend on how you have been injured on the job. Any type of condition or accident that causes you injury should lead to an approved workers’ compensation claim and the benefits you need. This extends to heat-related injuries (and all other injuries and conditions) because they have been suffered on or due to the job.
We all know that California summers are known for their intense heat. Many employees are required to work outside as part of their jobs. As a result, they can be in serious and real danger. Some may suffer acute and life-threatening injury(ies) due to heat illness. One recent study conducted by George Washington University found that nearly 28,000 workers each year suffer some type of injury, that extends even beyond heat illness.
Injuries Caused By Heat on the Job
Workers may suffer the following injuries, or others, when working in extreme heat:
- Heat stroke
- Severe dehydration
- Cardiovascular events, such as a stroke or heart attack
- Kidney damage
- Musculoskeletal injuries
Some of these injuries may have permanent effects. Cardiovascular events and kidney damage can especially impact one’s ability to work in the future. Some employees who have sustained heat-related injuries are never the same again physically. Accordingly, they may not be able to work physical jobs, especially those whose duties are performed outdoors. These are just some of the considerations the worker’s compensation attorneys take into consideration in estimating the client’s maximum recovery(ies).
Safeguards for California Employees Working in the Heat
There are both federal and state rules that are intended to protect employees when working in the heat. These rules include:
- Employers should not expose workers to hazardous conditions (including heat) that can cause, or are likely to cause, serious injury or death
- Employers should perform a heat hazard assessment that includes both heat and humidity
- Workers must be allowed to take frequent rest breaks when working in high heat
- When appropriate, employers must provide personal protective equipment to help workers handle the hot weather (including shade, hydration, etc).
OSHA has commonly cited employers for violating these rules, and the penalties can increase when workers have been seriously injured or have died.
Workers’ Compensation Claims for Heat-Related Injuries
When it comes to workers’ compensation claims, heat-related injuries are treated like any other type of harm that may befall one on the job. We can file a workers’ compensation claim to seek payment of your medical bills and replace lost income.*
There may be complexities when you have been seriously hurt and permanently disabled; and we may also have a difference of opinion with the insurance company about whether your injuries have rendered you unable to work. That is why the Worker’s Compensation Appeals Board exists: to make judgments with the evidence that is presented on your claim.
Heat-related workers’ compensation claims can become more difficult when the insurance company disputes the causal connection between your job and your injury. For example, one may sustain long-term injuries from heat exposure, such as kidney damage or metabolic issues. The insurance company may claim that the injuries were either a pre-existing condition or resulted from something else. Again, the California Workers’ Compensation Appeals Board can render a judgment with the evidence that is presented to them.
While a workers’ compensation claim is your typical remedy when you have been hurt on the job, there are some limited circumstances under which we can also file a personal injury lawsuit. If your employer has knowingly exposed you to dangerous situations where there was a near certainty that you could have been hurt, one may be able to sue them directly. Other people or entities may also be responsible in some way
Contact a Riverside Workers’ Compensation Law Firm
If you have been injured on the job due to heat or any other cause, schedule a free initial consultation with a Riverside workers’ compensation attorney at Heiting & Irwin. Not only do you need to know your legal rights, but you must also have someone in your corner who can handle the details of the process. Visit our website, or call us today at (951) 682-6400 to speak with a workers’ compensation lawyer.
