Workers’ Comp Attorneys’ Blog

Workers Comp for Heat Exposure Illness or Death

California’s 2024 summer has brought unprecedented levels of extreme heat, posing severe health risks to outdoor workers across the state. Landscape workers, agricultural laborers, and other outdoor employees face dangerous conditions as temperatures soar to record-breaking highs. Mail carriers, delivery workers, those in the construction industry, people who guide airplanes or load luggage on airport tarmacs, landscapers, gardeners and farm workers all have something in common – they are at high risk of falling ill due to laboring in hot and humid weather conditions.

The extreme heat California is experiencing in 2024 doesn’t just make work uncomfortable; it can lead to serious heat-related illnesses and, in the most severe cases, even death. As temperatures climb, the risk of heat exhaustion, heat stroke, and other heat-related conditions increases dramatically for those working under the scorching California sun. Heat stroke, heat exhaustion and other heat-related illnesses may cause the employee to feel ill for days, and in some cases, the damage to the body can last well beyond that time period. Heat related injuries must be taken seriously and require immediate treatment.

For outdoor workers affected by these extreme conditions, understanding their rights under workers’ compensation law is crucial. Heat-related illnesses acquired on the job are generally covered under California’s workers’ compensation system. This means that workers who suffer from conditions such as heat exhaustion, heat stroke, or other heat-related illnesses while performing their job duties may be eligible for benefits. These benefits can include coverage for medical treatment, temporary disability payments if the worker needs time off to recover, and potentially permanent disability benefits if the heat exposure results in long-term health effects.

Cantrell Green, a Long Beach law firm specializing in workers comp, is familiar with the effect of extreme heat on an employee whose job requires him or her to work outside. In this article our experienced Long Beach workers’ comp attorneys explain collecting benefits for illness or death due to heat exposure on the job.

Heat Exposure Poses Significant Risk to Employees

The prevalence of heat-related illnesses and fatalities in the workplace is a growing concern, particularly in states like California with extreme heat conditions. According to the Bureau of Labor Statistics (BLS), from 2011 to 2019, an average of 38 workers died each year from environmental heat exposure nationwide. However, this figure likely underestimates the true impact, as heat can exacerbate other health conditions and contribute to accidents.

In California specifically, Cal/OSHA reported 385 suspected heat-related illnesses and 14 confirmed heat-related fatalities between 2015 and 2020. The National Institute for Occupational Safety and Health (NIOSH) estimates that heat-related illnesses cause more than 600 deaths and 65,000 emergency room visits annually across the United States. In agriculture and construction, two industries prominent in California, the risk is particularly high. The CDC reports that crop workers are 20 times more likely to die from heat stress than workers in other industries. These statistics underscore the critical importance of heat safety measures and the potential need for workers’ compensation claims in heat-related cases.

Laws Protecting Workers from Heat Exposure

California is one of a limited number of states that has recognized the particular risks of heat exposure faced by its workers, and has taken a more proactive approach with its own heat illness prevention standard. California Code of Regulations, Title 8, Section 3395 applies to all outdoor places of employment and mandates specific measures to protect workers. These include providing access to shade when temperatures exceed 80°F, ensuring access to cool drinking water, allowing preventative cool-down rest periods, and implementing high-heat procedures when temperatures reach 95°F.

The standard also requires employers to develop and implement written heat illness prevention procedures, including training employees and supervisors on heat illness prevention. For agricultural workers, California law provides additional protections, such as mandatory 10-minute rest breaks every four hours and requirements for employers to provide drinking water for workers in the field. These regulations can help provide a legal framework for workers’ compensation claims when these standards are not met and heat-related illnesses occur.

Workers Comp for Heat Exposure Injury or Death

With the onset of climate change, the extreme heat experienced by Californians is likely to only get worse. The impact of elevated temperatures on workers is something all employers must address in the future.

But workers comp benefits are available to employees who have suffered from heat-related illnesses at work. This compensation covers any necessary medical treatment, as well as lost work wages as a result.

However, many employers or their workers comp insurers try to deny workers comp claims for illness due to heat exposure. In many cases they may even  suggest that the illness or death was as a result of a pre-existing condition. This is why it is essential to speak to an experienced California workers comp attorney if you have been made ill (or had a loved one tragically pass away) due to heat exposure.

Why You Need a Workers Comp Attorney for Heat Exposure

Collecting workers’ compensation for heat-related illnesses, can often be challenging. Employers or insurance companies may attempt to argue that the condition was not work-related or that the worker had pre-existing conditions that contributed to their illness. This is where the expertise of experienced workers’ comp attorneys, like those at Cantrell Green, becomes invaluable. We understand the nuances of heat-related workers’ compensation claims and can help establish the crucial link between your work conditions and your illness.

To strengthen a claim for heat-related illness, it’s important for workers to report symptoms to their employer immediately and seek medical attention promptly. Documenting the working conditions, including temperature, humidity, and duration of exposure, can also bolster a claim. In cases where a worker tragically loses their life due to heat exposure on the job, their family may be entitled to death benefits under the workers’ compensation system.

At Cantrell Green, our workers’ comp attorneys recognize the serious nature of heat-related illnesses and the impact they can have on workers and their families. We’re committed to helping outdoor workers in California navigate the complexities of the workers’ compensation system and secure the benefits they deserve. Whether you’re dealing with a recent heat-related illness or struggling with the long-term effects of heat exposure on the job, our experienced attorneys are here to advocate for your rights and ensure you receive the full compensation you’re entitled to under California law.

Long Beach Workers Comp Attorneys

Filing a claim for heat-related illness can be very difficult to do on your own. But an experienced and skillful workers’ comp attorney can help ensure that all necessary documentation is provided in a timely manner, so that you receive the full benefits to which you are entitled.

The Long Beach workers’ comp attorneys at Cantrell Green have the experience you need. We can help you obtain medical records that will help build a solid case, and provide the detailed documentation and ‘paperwork’  to prove that your heat-related illness was directly related to your job responsibilities.

Your consultation with our workers’ comp lawyers is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our lawyers will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ comp benefits for which you qualify.

Long Beach Workers Comp Attorneys: 800-964-8047