Heatstroke While Working Worker’s Compensation Attorney

The State of California worker’s compensation claims for heat related injuries continue to grow every year as the temperatures in California keep rising, and the state population increases to meet the economic needs of the industries that continue to relocate to California. It is common for people to link the chances of having heatstroke at work to people who work physical labor jobs outdoors in the heat. It is true that most of the 10,000 cases that do get reported annually come from jobs centered around outdoor work of all different kinds, but the increase can be seen in large part from roles that do not match that description. The cause of this increase is a combination of environments and circumstances that can be hard to predict. It is unknown exactly what the percentage of heat stroke is to all heat related illnesses, but at this point, the annual average continues to go up every year. When you consider the fact that an unknown number of cases of heat exhaustion and heat stroke go unreported because the person that is ill isn’t installing tile on a roof, mowing a grass lot, or even working outdoors at all. If you have suffered a heatstroke at work, Normandie Law Firm has some information we want to share with you about worker’s compensation here in California.

No matter what the job is, it is going to have something in common with every other job in California. If you are injured at work, you are eligible for worker’s compensation insurance coverage. If you have questions or need legal advice and representation, please call the Normandie Law Firm as soon as you can. You can reach us around the clock, and we can schedule you for a time to meet with a heatstroke while working worker’s compensation attorney that is ready to answer your questions. Our goal at the Normandie Law Firm is to provide the information we know about worker’s compensation to you. The meeting will be a free initial consultation with the Normandie Law Firm legal team. We will be able to review your case in person. Once we learn all the important details about the incident and the injury, we can provide you with the information you need to get your claim started and outline the options available to you as you navigate the claim process.

As indicated, our area of focus during the first meeting will be gathering the details around your accident and how it happened. This includes all of the events that led up to the hazard you encountered, the specifics on your injury, including severity, and any other details that you think will apply to your claim. Once all that information has been gathered, we will review with you how the worker’s compensation program can be utilized to meet your needs now and in the future. The team at Normandie Law Firm will review with you the benefits you need to know about. Another fact that we will explain is about the time limit you have to get your claim filed with worker’s compensation.

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What Is The Time Limit For Filing A Worker’s Compensation Claim

The time limit for a standard injury is 30 days if you need to file a claim with worker’s compensation. The timer starts on the actual date of the accident and injury. You have the right to open a worker’s compensation claim after an injury, even if you don’t work for the employer after the accident. If you were on payroll with them during the time of the incident, this is allowed. If you find yourself running out of time, please let the Normandie Law Firm team know, and they can assist you with making sure the claim is filed on time.

The Common Symptoms Of Heat Related Injuries And Heatstroke

Normandie Law Firm, with decades of shared experience across the team, understands that any job you have can expose you to heat related injuries or heat stroke. While these injuries are normally environment related under regular circumstances, they can occur anytime your body cannot cool itself and you are dehydrated. People believe working in extreme heat will be the only case where you could have a heat stroke, but the reality is that if you lose commercial power in a high-rise office building, the evacuation might cause heat related illness. You might be taking Christmas decorations out of a hot attic, and get a heat related illness. The symptoms that lead to heat exhaustion can be any of the following:

• Sweating profusely when normally you do not perspire heavily under regular exertion levels
• Nausea and headaches are experienced
• Dizziness and disorientation
• Sudden exhaustion and cramping in large muscle groups
• Heart rate increases noticeably
• Extreme thirst, and you cannot ease it
• If you think you are about to have heatstroke, you will see these symptoms:
• Body temperature is higher than 103°F
• Headaches get worse, and dry or hot skin replaces excessive sweaty skin
• Heat rate is now very rapid and far above normal
• Altered state of mind or inability to focus on an ordinary task or activity
• Seizures, some nausea or vomiting
• Light headedness or total loss of consciousness

The symptoms can be caused by changes in body temperature. It is not always consistent across individuals, and reactions do vary a little. The ambient temperature is going to be a big factor, but equally as important is how hydrated you are when you are working in an environment that is going to dehydrate a person. The reality of this injury is that it is random and very hard to predict based on just the environment and activity.  These symptoms might be experienced at an outdoor location like a sporting event, or perhaps just mowing the yard or sweeping a patio. The hazards are identical, and you need to know what they are and how to react.

Are There Some Injuries That Are Not Covered By Worker’s Compensation?

Generally speaking, if your injuries happen at work and while you were doing your job, there are not going to be any injuries that do not get covered under the worker’s compensation program in the State of California. There are some exceptions to that statement, but they do not deal with the type of injury, only the situation in which they occurred and the behavior or actions that might have affected the outcome. One example of this is if an investigation shows that the injury took place because the employee was under the influence of alcohol, creating or adding to a condition of dehydration, the worker’s compensation program may not cover the incident and the injuries due to heat exhaustion or stroke. All California based companies are required to provide worker’s comp insurance coverage for all of their employees, regardless of job role. If you are working and there are no circumstances beyond doing your job, you can expect your injuries to be covered by the worker’s compensation insurance program in California.

Medical care providers will typically invoice the worker’s compensation program for any service that is provided to someone injured at work. You will want to make sure your worker’s compensation claim is opened and is approved so that the hospital and the doctors’ office can bill and reference it. Please contact the staff at the Normandie Law Firm to get more information about the complete list of benefits that are offered by worker’s compensation.

What Are The Key Benefits Are Provided By The Worker’s Compensation Program To Injured Employees?

Each employee who is covered by worker’s compensation insurance is eligible to receive the benefits listed here. They include, but are not limited to, the following:

• A total of 1 million dollars per incident that covers medical care costs for the hospital and doctor’s services, prescription medications, as well as over the counter drugs, any physical therapy and rehabilitation, and the rental or purchase costs of devices like crutches, a cane, braces, or a wheelchair
• If you are seriously injured and miss work, or are expected to have some type of disability as a result of the injury, the program provides temporary long-term disability payments to you
• If you are unable to return to work until fully recovering from your incident related injuries, you qualify for up to 66% of your regular weekly income from the program until you return to work
• If the injury does not allow you to return to work in the same job role, you qualify for vocational training offered by the program, training you for a new career and role after you are cleared by your doctor to return to work

Can I Sue My Employer For Being Hurt At Work?

You can sue your employer, but only in some very specific circumstances. If those circumstances don’t exist, you are not permitted to sue your employer after you file a worker’s compensation claim. Worker’s compensation is a no liability insurance and is an exclusive remedy for injuries at work. The company actions that might have led or contributed to the incident that caused your injuries are something that can be reviewed with your Normandie Law Firm heatstroke while working worker’s compensation attorney. The outcome of that discussion may allow for a lawsuit if your company has committed gross negligence.

The legal definition of gross negligence is behavior or action that demonstrates willful misconduct or a reckless disregard for the safety of others. What this means in real life is that if a decision was made by a representative of the employer that resulted in a heat related injury suffered by an employee, like neglecting to provide hydration to employees on company property and refusing to allow them to bring their own water. The decision and outcome indicate no regard for the risk to employees.

If you think what happened is similar to this example, pass this information along to your heatstroke while working worker’s compensation attorney as soon as you discover it.
What Will The Upfront Costs Or Deposit Be To Hire A Worker’s Compensation Attorney?

When you hire a heatstroke while working worker’s compensation attorney for advice or representation, Normandie Law Firm does not ask our clients to pay any money in advance of our services. We will only bill you after your case has been resolved. If we do not win your claim or your lawsuit, you will not be billed at all. Please do not wait to contact Normandie Law Firm today. We want to help you with your worker’s compensation claim so you can get back to work.

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