Rising temperatures and frequent heat waves mean more California workers are at risk of heat-related illnesses on the job. California generally requires employers to protect workers from hazardous high temperatures and carry workers’ compensation insurance for injuries suffered on the job.
Understanding these legal protections and your rights to workers’ compensation is essential if you are injured or become sick due to the heat. Reach out to our work injury attorney in Los Angeles today for assistance.
California’s Heat Illness Prevention Requirements for Employers
California employers have significant responsibilities to protect workers from heat-related risks. They must follow strict standards in both indoor and outdoor environments.
Every employer must create and follow a written heat illness prevention plan and are legally required to train supervisors and workers about the dangers of working in heat, spotting early warning signs, and responses to heat stress.
Employers also must supply easy access to drinking water, adequate shade or cool-down areas, and regular rest breaks during hot conditions to help prevent sickness and ensure everyone can work safely.
What Is Considered a Heat-Related Illness?
If you are exposed to hot environments at work, several health problems can result, and could trigger workers’ compensation rights if the condition was caused or made worse by your job:
- Heat Exhaustion: This is marked by sweating, dehydration, weakness, headaches, nausea or fainting, and requires prompt reduction of body temperature and rehydration.
- Heat Stroke: This is a serious heat-related illness that can become a medical emergency. Symptoms may include high body temperature, confusion, loss of consciousness, seizures, or lack of sweating (which may confuse some people and lead them to think they aren’t experiencing a heat-related injury). Immediate emergency treatment is needed.
- Heat Cramps: Painful muscle cramps can occur when you’re overheated, which develops sometimes with heavy manual labor in hot conditions.
- Rhabdomyolysis: This is the dangerous breakdown of muscle tissue, triggered by overexertion in the heat, that can cause kidney damage and requires immediate medical care.
- Aggravation of Pre-Existing Conditions: For workers with heart issues, diabetes, or other chronic medical problems, heat can cause underlying health difficulties to quickly get worse and can form the basis for a workers’ comp claim.
If you experience any of these heat-related illnesses as a result of your job, you may have a viable workers’ compensation claim, depending on the specifics and whether you are covered by this type of insurance.
Who is Covered by Workers’ Compensation Insurance in California?
Who is Covered by Workers’ Compensation Insurance in California? In California, heat-related illnesses are generally covered under workers’ compensation insurance if you are recognized as an employee and don’t fall into an exempted category of worker.
Most regular employees, whether full-time, part-time, temporary, or seasonal, are entitled to workers’ compensation, as long as their illness or injury arises out of job duties.
Exceptions To Workers’ Comp Coverage
In some situations, you may not be covered. Some of the most common exceptions include:
Independent Contractors
Independent contractors are usually not covered by workers’ comp. However, some workers are labeled contractors by mistake (or intentionally by their employer to avoid having to pay out benefits), in which case you should still be entitled to compensation and benefits if you’re injured on the job.
Volunteers
People who strictly volunteer generally are not protected under the standard workers’ comp system. Some special programs do provide limited or opt-in coverage for certain volunteer positions, but these are the exceptions.
Sole Proprietors
Sole proprietors are usually not covered by workers’ compensation coverage. However, they may choose to “opt in” and buy their own coverage if they wish to protect themselves.
Heat-related claims depend on the circumstances of the injury as well as your coverage eligibility.
What to Do if You Suffer a Heat-Related Illness at Work
If you become sick from heat while working in California, it’s important that you take appropriate action to protect your health and also any potential legal claims you need to make in the future.
Report the Illness as Soon as Possible
Tell your employer or supervisor right away what happened. Even though California gives you up to 30 days to report a workplace injury or illness, it’s smart to make your report right away.
5400. Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.
You should always make sure it’s in writing.
Get Medical Care Immediately
If you feel dizzy, weak, nauseous, or confused – classic warning signs of heat-related sickness – it’s not safe to “wait and see” what happens. Seek immediate medical care right away, whether that’s an on-site medical provider or going to the emergency room.
Make sure you tell the doctor that you are experiencing these symptoms as a result of your work duties so that your records are clear.
Make Note of Work Conditions
Once you feel able to do so, write down the temperature, workload, how long your rest breaks were, what personal protective equipment (PPE) you had, and whether cool water or shade were easily available during your shift. This evidence supports your claim and helps show how the environment caused your illness.
Ask for the DWC-1 Workers’ Comp Claim Form
Tell your employer you need to file a workers’ compensation claim, and request the DWC-1 form. Fill it out completely and make a copy before you turn it in. The DWC-1 formally initiates the workers’ comp claim and the insurer’s duty to investigate within 90 days.
Follow Doctor’s Orders
Do what your workplace doctor or ER recommends for heat recovery and follow-up care. Write down new or ongoing symptoms every day until you’re fully well. Taking these steps can improve our recovery and your chances of approval for medical and wage benefits.
Contact a Work Injury Lawyer
Working with LA workers’ compensation lawyer is one of the best ways you can get the help you need after experiencing a heat-related illness at work.
Our team can help you gather evidence to show you were injured in the course of your workplace duties and make sure you know what benefits you’re entitled to. Reach out today to schedule a free consultation.