Heat-Related Injuries in the Workplace
Recent record-breaking temperatures have led to increased risks for California workers. Extreme heat presents a serious risk to workers across various industries. Employees in outdoor and high-heat workplaces are increasingly exposed to conditions that can lead to heat-related illnesses and accidents. Workers in the agriculture, construction, and manufacturing industries are just some of the industries at risk. High heat poses a serious health threat. If employers fail to take appropriate safety measures, it can lead to injury or even death.
Increased Frequency of Heat-Related Illnesses
Heat-related illnesses pose a significant danger to workers exposed to high temperatures for prolonged periods. Workers engaged in physically demanding tasks are particularly vulnerable to heat-related injuries. Employers have a legal obligation to take steps to reduce these risks.
Heat Stroke
Heat stroke is the most serious illness related to heat. It can be fatal if not treated. Symptoms include confusion, high body temperature, and loss of consciousness.
Heat Exhaustion
If not treated, heat exhaustion can escalate into heat stroke. Heat exhaustion presents with symptoms of heavy sweating, weakness, and nausea.
Dehydration
In extreme heat, workers lose water quickly, leading to dehydration. This can impair cognitive function, increase the risk of accidents, and cause heat-related illnesses.
Increased Risk of Accidents
Extreme heat directly impacts a worker’s health and increases the risk of accidents. The effects of high temperatures on cognitive and physical function can make work environments more hazardous. Accidents caused by extreme heat create a legitimate reason for injured workers to seek compensation.
Fatigue and Impaired Judgment
When workers become overheated, they are susceptible to fatigue and slower reaction times. This can result in poor decision-making and an increased likelihood of injury. For example, a construction worker operating heavy machinery may be less alert due to heat exhaustion, resulting in an accident.
Equipment Malfunctions
High temperatures can also affect the functioning of tools and equipment, increasing the chances of machinery breaking down or malfunctioning. Excessive heat may cause a forklift’s hydraulic system to overheat, leading to accidents.
Exacerbation of Pre-existing Conditions
Extreme heat can worsen the health of employees with pre-existing medical conditions. For instance, workers with heart disease or respiratory conditions may find that heat exacerbates their symptoms, making their work environment even more dangerous. If an employee’s pre-existing condition is aggravated by heat while on the job, they can qualify for workers’ compensation benefits.
Legal Implications and Employer Liability
Under California law, employers are responsible for ensuring a safe working environment for their employees, which includes protecting them from extreme heat. Employers who fail to take necessary precautions may be liable if a worker suffers a heat-related illness or injury. There are legal consequences for failing to protect workers from extreme heat.
Fines and Penalties
Employers who violate California’s heat illness prevention regulations may face substantial fines and penalties from organizations like the Occupational Safety and Health Administration.
Lawsuits
In severe cases of employer negligence, an injured worker may file a personal injury lawsuit alongside their workers’ compensation claim. This can result in further compensation beyond what is covered by workers’ compensation, such as for pain and suffering. Employer negligence can be seen in cases where a warehouse fails to provide air conditioning or shaded areas for its workers during a heatwave. If an employee suffers heat stroke in these conditions, they could file a lawsuit for additional damages due to the employer’s failure to provide adequate protection.
Heat Illness Prevention in California
California has specific regulations aimed at preventing heat-related illnesses. Employers are required to implement Heat Illness Prevention Plans. Failure to implement these measures could expose an employer to significant legal risks.
Providing Shade and Water
Employers must provide access to shade when temperatures exceed 80°F and ensure workers have enough water to stay hydrated.
Regular Breaks
Workers must be allowed to take regular rest breaks in shaded or cool areas, especially when temperatures rise above 95°F.
Employee Training
Employers must train supervisors and employees to recognize the signs of heat illness, prevent it, and respond in an emergency. This training must also include information on the importance of hydration and the proper use of shade and rest breaks.
What to Do If You Are Injured Due to Extreme Heat
If you believe you’ve suffered an injury or illness at work due to extreme heat, it is crucial to take immediate action.
- Report the incident to your employer as soon as possible. Prompt reporting ensures that your case is documented. Failing to report an injury can result in a denial of workers’ compensation benefits.
- Heat-related illnesses can escalate quickly, so it is important to get medical help immediately.
- If possible, gather evidence of the working conditions contributing to your heat-related illness or injury. This may include photos of the worksite, temperature readings, or statements from coworkers. This documentation can be important if your claim is disputed.
- Navigating the workers’ compensation claims process can be complicated. An experienced attorney can help ensure that your claim is filed correctly and that you receive the full benefits you are entitled to.
Struggling with a Heat-related Workplace Injury? Let Tomassian, Pimentel, & Shapazian Fight for Your Rights!
California’s extreme heat can lead to serious workplace injuries, from heat stroke and dehydration to accidents caused by fatigue. If you’ve suffered due to unsafe working conditions, you deserve compensation! Tomassian, Pimentel, & Shapazian fight to ensure you receive compensation. Whether you’ve experienced heat exhaustion, aggravated a pre-existing condition, or faced an accident due to overheating, our experienced attorneys are here to help. Contact us at 559-545-0383 for a consultation.
