Worker's Compensation for Heat-Related Injuries

Ok, in early March it may not seem like the heat is going to be a problem any time soon but, in just a couple of months, temperatures in California could mean that working out of doors, or in a physically demanding role, becomes uncomfortably warm and, perhaps, even contributes to you developing an on the job injury attorney in Los Angeles or illness. Although your employer, and the insurance provider, may argue that a pre-existing health condition is the cause of your heat-related illness or injury, the truth is that you are entitled to claim worker’s compensation, even where a condition already existed. To qualify, you must be able to prove that the heat triggered or exacerbated your condition. As anyone who’s done manual labor in California in the summer months knows, that’s entirely possible.

Workers' Rights in Hot Weather

When you work in Encino, another part of California or, indeed, pretty much anywhere in the United States where it’s likely to get hot, your employer has an obligation to keep the workplace as safe as possible. Just as it wouldn’t be acceptable for them to supply unsafe equipment, or ignore hazards in you place of work, failing to take steps to enable employees to avoid heatstroke is an offence under Californian law.

While it’s hot outside, to minimize your risk of sustaining on the job injuries because of the heat, your employer must:

Write, and implement, procedures which comply with the Cal/OSHA Heat Illness Prevention Standard

Provide shade for workers to rest for regular 5-minute periods. Workers should also be encouraged to seek shade regularly, rather than waiting until they feel the heat is affecting them

Provide at least one quart of water per hour for each employee, and proactively encourage employees to drink

Provide training for all employees, supervisors and managers about working safely in hot weather, and how to prevent heat-related on the job injuries

If you have a pre-existing condition, you should make sure to take any steps necessary to prevent it from being worsened by the heat, as well as following your employer’s advice about general hot weather safety. This will ensure that, should you experience an on the job injury or illness, any worker’s compensation claim you file cannot be denied on the grounds of the pre-existing health condition.

Do You Need an Encino on the Job Injuries Attorney?

If you have tried to claim worker’s compensation for any of the qualifying on the job injuries or illnesses, only to have it refused, accepting the rejection is not your only option. An experienced Los Angeles on the job injuries attorney can utilize extensive legal knowledge and relevant experience to help secure the workers compensation you’re entitled to.

To find out just how much of a difference an on the job injuries attorney could make, whether your claim is based in Encino or elsewhere in California, call us today on 818-609-7005 to schedule a free consultation.

At the Law Offices of Kropach & Kropach, we are committed to getting the best possible outcome for you and your on the job injuries claim.