What is Heat Stress Worth in a Workers’ Compensation Claim?

When summer comes around, employees and employers alike are trying to work out if they will be able to endure the hot conditions so often present. If you are working in an outdoor environment and the sun is shining, the main concern used to be related to getting skin cancer but these days a heat stress injury is another major concern.

If you are suffering from a heat stress injury that is to do with your job you may be eligible for worker’s compensation. If you are, a payment should cover you for lost wages while recovering and the full value of medical treatment required to treat your heat stress injury.

However, it is always worthwhile contacting a WC attorney who will help you through the claim process.

Types of Heat Stress Injuries and Their Symptoms

The main heat stress injury is heat stroke which takes place when the body is exposed to more heat than it can handle. The symptoms of heat stroke could include any of the following:

  • throbbing headache;
  • hot, red, dry skin;
  • muscle cramps and weaknesses;
  • dizziness and light-headedness;
  • vomiting and nausea;
  • not much sweating in spite of the heat;
  • fast heartbeat;
  • rapid but shallow breathing.

If an employee suffers from heat stroke, the recovery time is variable and can take place in a day or 2 of hospital care. However, severe heat stroke can take at least 2 months and maybe even up to 12 months in the worst cases.

This is because the following could happen:

  • damage to internal organs;
  • patient being in a coma;

Calculating the Value of a Heat Stress injury for Worker’s Compensation

Because heat stroke is such a concern for employees doing outdoor jobs, employers are required to provide an outdoor safety program to inform employees about heat exposure and train them on preventing heat stroke, recognizing the symptoms of heat stroke and treating it.

Employers must also provide adequate water to keep workers hydrated which is around a quart an hour. If an employee still suffers from heat stroke whether it is his or her fault or not s/he should still be eligible to claim worker’s compensation as it is a no fault insurance.

As long as the right process is followed, the statute of limitations are not exceeded and the employee has the proof through a doctor’s report and eyewitnesses observations the employer’s WC insurer should calculate the value of a WC claim.

This should include two thirds of the weekly wage, the full cost of medical treatment which will depend on the length of stay in hospital and the treatment provided and any care that maybe required at home until the employee can return to work.

Partial and permanent disability payments are available too if the employee is unable to return to the same job. The WC claim could run into hundreds of thousands of dollars if the victim has to stay in hospital.

Why You May Need a Worker’s Compensation Attorney

A lot of money is at stake if a worker files a claim for a heat stress injury especially if there has been irreparable organ damage. The employer’s insurer will find any reason to deny a claim, but having a WC attorney at hand to work on your behalf will give you a better chance of getting the worker’s compensation you deserve.

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