Can I Claim Workers’ Comp for Indoor Heat-Related Illness?
Working outdoors on hot days can lead to heat-related illnesses, but indoor workplaces can also be extremely hot. In July 2024, a new Cal/OSHA regulation went into effect. This new standard intends to protect indoor employees from heat illnesses and requires most employers to follow several safety measures.
If you suffer from a heat illness while you are at work, your employer’s workers’ compensation policy should cover various expenses. Unfortunately, insurance companies routinely attempt to pay you less than they should. A knowledgeable Gilroy, CA workers’ comp attorney can evaluate your situation and help you get the benefits you deserve.
What Are the New California Indoor Heat Protections?
Many indoor workplaces can get uncomfortably hot, and most of them are subject to the new Cal/OSHA regulations. Warehouses, restaurant kitchens, and manufacturing facilities are prime examples. The applicable regulations differ somewhat:
- If the temperature in an indoor workplace reaches 82 degrees, employers must provide workers with training, rest, water, and areas to cool down.
- If temperatures reach 87 degrees and these solutions are feasible, employers should devise schedules for work and rest periods, cool down work areas, and provide employees with personal heat-protective equipment, such as vests, clothing, and cooling devices.
- In work areas with high radiant heat, such as working over a grill in a restaurant kitchen, or when required clothing does not allow for heat removal, the 87-degree requirements apply.
Although some indoor workplaces are exempt from these requirements, most California employers must comply.
What Is a Heat Illness?
When your body cannot effectively regulate its temperature, you can suffer from various forms of heat illness. Exertion in hot temperatures and prolonged exposure to them can cause heat exhaustion, rash, cramps, and stroke. Weakness, nausea, muscle spasms, excessive sweating, dizziness, headaches, and skin irritation are common symptoms.
Heat stroke occurs when your body’s temperature reaches 104 degrees and is the most severe type of heat illness. Seizures, confusion, and loss of consciousness are common symptoms. If the victim does not receive prompt and proper medical care, heat stroke can cause brain or organ damage; it can also be fatal.
Can I Get Workers’ Comp Benefits for Heat Illnesses?
If you are overheated in your workplace and become ill as a result, your workers’ compensation benefits could include medical treatment costs, a portion of your lost wages, and temporary or permanent disability. This is true even if your employer upholds his obligations under the Cal/OSHA rules. However, you may not receive the full benefits you are entitled to without the help of a skilled attorney.
Consult an Experienced Morgan Hill, CA Workers’ Compensation Lawyer
When your job causes injuries or illnesses, you need an effective Santa Clara County, CA workers’ comp attorney from Cramer + Martinez to help you get all the benefits you deserve. Our firm has helped California workers for almost 30 years, and we are good at what we do. Request your no-cost case review online or by calling 408-848-1113 today.