Heatstroke Worker’s Compensation Injury Lawyer

Worker’s compensation claims for heat related injuries continue to grow each year in California as our temperatures increase. What is unusual about this is that so many more jobs have been added to the list of professions where heatstroke is a likely possibility. Most people associate the dangers of heatstroke with being outdoors for long periods of time under high levels of exertion. While those roles are at the top of the most reported list, the growth is from jobs that would surprise you. The cause of this increase is an interesting mix of reasons and situations. It is unknown exactly what the percentage of heat stroke is to all heat related illnesses, but it is clear that the reports are increasing. If you have suffered a heatstroke, Normandie Law Firm has some vital details that you should understand about the worker’s compensation program in California.

There are many different jobs and industries that do include an associated risk of heat related illness opportunities.

Building And Road Construction Jobs

There are all types of construction jobs that carry a high risk of heat related illnesses. They are roofers, new road building crews, steel worker’s, commercial property and home builders, framing crews, dry wall installers, electricians, plumbers, concrete masons, air conditioning and refrigeration, site preparation and grading, and general laborers in the industry. This list also includes the employees who are involved in the creation of the materials used in all manner of construction, like concrete and asphalt plants, lumber harvesting and milling, roof tile manufacturers, and the job of delivering that material to a job site.

Agriculture And Farming

People involved in the farming industry will also face a higher than average risk of heat stroke or other heat related illnesses. Some of the roles most often suffering heatstroke are cattle farmers, growers, seasonal harvest and year-round laborers, irrigation repair techs, and people who are tending to the equipment that makes the volume of work possible.

Landscape Construction and Maintenance

This is an often overlooked group because they are seen doing similar jobs that many people might do themselves. The construction side of significant landscape projects often gets overlooked. Some examples are the people building new golf courses, the crews that tend to them for maintenance needs, lawn care specialists, including employees specializing in fertilizing and weed control, as well as the staff that mows the grass every week and waters it daily. Similar to building construction, the people who are delivering the materials, soils, pallets of fertilizer, and those doing the maintenance on all the equipment used for these jobs are involved.

City and State Public Services

This is another overlooked group because they are encountered often, and some of the roles look less risky than others. Police officers are often seen as less risky, but it is a job that could find you standing outside on a hot asphalt street directing traffic for hours. Other jobs include firefighters, road crews responsible for road repair and maintenance, such as patching or sealing blacktop, guard rail replacement, and replacing traffic signs, as well as repairing or replacing traffic lights. Meter readers and refuse collection specialists, city inspectors involved in construction project approvals, and civil engineers.

Delivery Of Goods And Services

Each type of work described above has a delivery effort involved. This role talks about the services that each of us gets directly on a nearly constant basis. These jobs cover package delivery, such as UPS, FedEx, Amazon, and the Postal Service. It covers people doing even more personal level services like food and grocery deliveries, including DoorDash and your local grocery company.

Oil And Natural Gas Industries

This is another group of employees who spend a great deal of time in the elements, and unlike some of the others described as unnoticed due to frequency, this industry is not visible to most of the people who use the products on a daily basis. Starting with engineers and laborers who drill wells for exploration or production and ending with the delivery of the product for refining or consumption, there are more than 8 million people employed in this sector of the economy. Not all of them are jobs that we usually think about when we think about heat stroke. Surprisingly, though, some of them have a bigger risk than many realize. It can be the white-collar engineers who find themselves on a job site to look at a project that didn’t take water or sunscreen with them.

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What Can Normandie Law Firm Do For Me?
All of the jobs outlined above actually do have something in common. You are eligible for worker’s compensation if you get injured at work. If you need a heatstroke worker’s compensation lawyer, please do not hesitate to call Normandie Law Firm immediately. No matter when you call us, we will be ready to answer the questions you have about the State of California worker’s compensation program. Our goal is to provide you with access to legal information when you need it the most. We are ready to schedule you for a free initial consultation with the Normandie Law Firm legal team in order to review your case in person and with greater detail. This will let us make sure that you and the staff have all the information needed in order to assess the merits and explain to you how the worker’s compensation system can best be used if you need to file a claim with worker’s compensation in California.

The details that will be the focus of that first meeting are the details about your accident and how it happened. This will include all of the steps that led up to the hazard you encountered, the specifics on the injury, including severity, and any other details that you think might apply to your claim. Once all that information has been gathered, we will explain to you how the worker’s compensation program will cover your medical expenses, lost wages, and more. The team at Normandie Law Firm is going to review with you all of the benefits you need to know about and that we can help you. One of the most critical details that we need to ensure you understand is related to the time limit you have to get a claim filed with worker’s compensation in the State of California.

What Is The Time Limit For Filing A Worker’s Compensation Claim In The State Of California?
The time limit is 30 days to file a claim with worker’s compensation. The 30 day timer begins on the date of the accident and the injury you have. Your company may have staff who open all of the worker’s compensation claims when an employee is injured at work. If your organization doesn’t offer that service for its staff or if they are working to discourage or trying to prevent you from filing a worker’s compensation claim, please reach out to Normandie Law Firm as soon as you can. 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. As long as you were on payroll with them during the time of the incident, this is allowed. The 30 day time limit still applies, and it is strictly enforced.

What Are The Symptoms For A Heatstroke Or Heat Related Injury?
Normandie Law Firm has decades of combined experience within the team regarding the types of hazards and injuries experienced by our clients across thousands of different industries and jobs. Any job role you might have could expose you to heat stroke or other related injuries. Something as simple as losing power at your office could lead to a heat related problem. You might find yourself unexpectedly spending time in a very hot climate with little or no water and wind up dehydrated. If there is even a slight chance of this occurring, you need to make sure you always have a source of water. In terms of the symptoms of heat related injuries that lead to exhaustion, they are:

• Profuse sweating
• Nausea and headache
• Becoming dizzy or disoriented
• Fatigue and cramped muscles
• Increased heart rate
• Extremely thirsty

In cases where you suspect you are having or had a heatstroke, the typical symptoms are:

• A body temperature above 103°F
• Headaches and excessively dry or hot skin
• A rapid heart rate
• An altered state of mind or inability to focus
• Experiencing seizures, nausea, or throwing up
• Fainting or passing out

The hazards, not to be understated, can be anything that gets you warm enough to cause the symptoms described. While the air temperature is going to be key, a significant factor in the speed at which a heat related injury can affect you has as much to do with your own hydration level as it does the environment you might find yourself occupying. The reality of this injury is that while nobody ever plans to be hurt, the signs for it happening and being in a position for it to actually occur are the same ones that you might find yourself exposed to at a pool party. There are no clear signs that this is about to occur.

Are There Any Injuries From Excessive Heat That Are Not Covered By Worker’s Compensation?
The majority of your injuries occurring at work and while doing your job are going to be covered under the worker’s compensation program. There are exceptions, but it is more about the circumstances around the accident than the type of injury when it comes to heat related events. One example of this is if an investigation shows that the injury was aided by an employee being under the influence of drugs or alcohol, the worker’s compensation program may not cover the incident and any related injuries. Another example might be attending a company picnic and suffering heat exhaustion. While it is a company function, it is not work-related and likely would not be covered. Every California based company is required by law to provide worker’s comp insurance coverage for its employees. If you are working and there are no circumstances beyond doing your job, you can expect that you are covered by the worker’s compensation insurance program in California.

Many medical care providers will bill the worker’s compensation program directly for care that is provided to an employee injured at work. You will want to make sure the claim is opened and gets approved so that this can take place. This service allows you to not pay for your medical care, and then have to submit claims and bills and await reimbursement. Please get in touch with our staff at Normandie Law Firm to learn more about the complete list of benefits offered under worker’s compensation and how best you can use them to get your bills paid and your lost income reimbursed.

Key Benefits Of The Worker’s Compensation Insurance Program In California
Every employee in the State of California who is covered by the worker’s compensation insurance program is eligible for the benefits you see listed below. These are just a few of the benefits of the system. They include, but are not limited to:

• A total amount of no more than $1 million per incident to cover medical care costs that will include the hospital and doctor’s services, the prescription medications as well as over the counter drugs, your physical therapy and rehabilitation requirements, as well as the rental or purchase cost of any medical devices like crutches, a cane or wheelchair as needed
• If you, as an employee, are unable to return to work until you have fully recovered from your heat related injuries or heatstroke, you may receive up to 66% of your regular weekly income from the program
• If you get serious injuries and are expected to have long-term limitations or disability due to the incident, the program offers temporary long-term disability payments
• If you suffered an injury that prevents you from returning to work in your previous role, you can receive vocational training paid for by the program, allowing you to seek a new career and role you can apply for after you get cleared by your doctor to be able to return to work

Can I Sue My Employer After Being Injured On The Job?
The brief answer is, under normal circumstances, you cannot sue your employer if you file a claim with worker’s compensation to cover the costs and expenses of your injuries. What the company liability level might be for contributing to or causing the incident that led to your injuries is a subject that you discuss with your Normandie Law Firm heatstroke worker’s compensation injury lawyer. The answer may allow for a lawsuit if your company can be shown to have committed gross negligence.

Gross negligence in California is legally defined as willful misconduct or a reckless disregard for the safety of others. If an employer does not address or repair a hazard that can cause significant injury, or address any hazard that could lead to circumstances where an employee is harmed, gross negligence on the part of the employer may be to blame. An example in this context would be any decision made by the company or a representative of the company that would have significantly increased the chances of a heat related injury in the crew that works in a dangerously hot environment every day.

If you think this is what happened and it contributed to or caused your heat stroke, please do not wait to tell your lawyer at Normandie Law Firm. Please share this information with them as soon as it comes to your attention. A personal injury lawsuit may be filed independent of the worker’s compensation claim if gross negligence can be shown and proven in court. The court may award damages if the case can be proven and the resulting impact can be demonstrated as harmful to the employee.

Upfront Expenses At Normandie Law Firm For Our Clients
If you need to hire a heatstroke worker’s compensation injury lawyer for advice or representation, Normandie Law Firm, we will never ask you for upfront legal fees and expenses. What we want to do is help every workplace injury victim get the benefits they need to be able to return to work. Normandie Law Firm will only bill after the case is resolved in your favor. If we do not win your claim or potentially your lawsuit, you will not be billed for our services at all. Please get in touch with Normandie Law Firm today to help you with your injury and get you back to work supporting your family.

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