Heatstroke At Work Injury Lawyer

The State of California worker’s compensation claims for heat related injuries have grown every year as the temperatures in California continue to increase and the population grows to meet the needs of the state. Our summers are hotter and longer every year. It is common for people to associate the risks of experiencing heatstroke at work only with people who are doing a physical job outside in the heat. While it is true that many of the 10,000 cases that get reported annually come from outdoor labor jobs of all different kinds, the increase can be seen in large part from roles that do not match the outdoor roles. The cause of this increase is a combination of environments and circumstances that is difficult 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 increase each year. Even more alarming is when you consider the fact that many cases of heat exhaustion and heat stroke go unreported because the person who is ill wasn’t working on a roof, cutting grass, or working outdoors at all. If you have suffered heatstroke at work, Kenmore Law Group has some information to share with you when you file a worker’s comp claim.

No matter what your job and role are, they will have something in common with every job in California. If you are hurt at work, you are eligible for worker’s compensation insurance coverage. If you have questions that need to be answered or need legal advice and representation, please call the Kenmore Law Group as soon as possible. You can reach us day or night, and we will be able to provide you with a heatstroke at work injury lawyer who is ready to answer your questions. The goal for us at the Kenmore Law Group is to share the information we know about worker’s compensation with you. We will schedule you for a free initial consultation with the Kenmore Law Group legal team in order to review your case in person. Once we gather 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 open to you.

The area of focus during our first meeting will be the details of your accident and how it happened. This will include all of the events 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 review with you how the worker’s compensation program can be utilized to cover your costs. The team at Kenmore Law Group is going to review with you the benefits you need to know and be able to use. Another fact that we need to explain is the time limit you have to get a claim filed with worker’s compensation in the State of California.

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 begins on the actual date of your accident and subsequent 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.

What Are The Common Symptoms Of A Heat Related Injury And A Heat Stroke?
Kenmore Law Group, with decades of combined experience across our staff, understands that any job you have has the ability to expose you to heat-related injuries, including heat stroke. While environment related under normal circumstances, it could happen anytime your body cannot cool itself or you are dehydrated. Many people have been taught to believe that only working in extreme heat will cause a heat stroke; the reality is that if you lose commercial power at a high-rise office building, the evacuation may lead to a heat-related illness. You might find yourself spending time in an unexpectedly warm stairwell with no water, no air conditioning, and already dehydrated. The symptoms that lead to heat exhaustion can be any of the following:

• Sweating profusely when you usually do not perspire in excess under normal exertion levels
• Some nausea and headaches are experienced
• You become dizzy and could become somewhat disoriented
• You may suddenly feel tired and notice cramping in some large muscles
• Your heart rate increases noticeably
• You are very thirsty and cannot drink enough fluid to ease it
• If you think you are about to have a heatstroke, you will see these symptoms:
• Your body temperature is greater than 103°F
• Headaches and dry or hot skin replace excessive sweating
• Your heart rate is rapid and well above normal
• You may experience an altered state of mind, or you cannot focus on ordinary tasks
• You might experience some kind of seizure, nausea, or you might vomit
• You get lightheaded or lose consciousness

The symptoms you have could be caused by changes in your body temperature, sufficient to initiate the process of heat stroke. It is not always consistent across individuals, and reactions do vary a little. The ambient temperature is going to be a significant factor, but equally as crucial is how hydrated you are when you are working in an environment that is going to dehydrate the normal person. The reality of this injury is that it is random enough to be hard to predict.  These symptoms could be experienced at an outdoor venue like a sporting event or even just cutting your grass. The hazards are identical, and you need to know what they are and how to react.

Injuries That Are Not Covered By Worker’s Compensation
Strictly speaking, if your injuries happen at work and while you were doing your job, there should not 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. One example of this is if an investigation shows that the injury took place because the employee was under the influence of alcohol, creating a condition of dehydration already, the worker’s compensation program may not cover the incident and the injuries due to heat exhaustion or stroke. Another example might be attending a company softball game and suffering heat exhaustion. In this case, it is a company function, but it is not work-related and also not likely to be covered. All California-based companies are required to provide worker’s comp insurance coverage for all of its 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 bill the worker’s compensation program directly for any service that is provided to someone injured at work. You will want to ensure your worker’s compensation claim is opened and approved so that the hospital and the doctors’ office can bill directly. Please get in touch with the staff at the Kenmore Law Group to get more information about the complete list of benefits that are offered by worker’s compensation.

What 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 benefits.

• An amount of 1 million dollars per incident that covers your medical care costs for the hospital and doctor’s bills, any 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, or a wheelchair
• If you are seriously injured, miss work, and 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 cannot 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 will 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 File A Personal Injury Lawsuit Against My Employer For Being Hurt At Work?
In all but a couple of specific instances, 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 are an exclusive remedy for injuries at work. The company’s liability for contributing to or causing the incident that led to your injuries is something that can be reviewed with your Kenmore Law Group heatstroke at work injury lawyer. 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 that shows willful misconduct or a reckless disregard for the safety of others. What this means in real life is that if a decision is made by a representative of the employer that results in a heat-related injury suffered by an employee, such as 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 and it contributed to or created the environment that your heat stroke happened in, pass this information along to your heatstroke at work injury lawyer as soon as you discover it.

Will There Be Any Upfront Costs To Hire Legal Representation?
When you hire a heatstroke at work injury lawyer for advice or representation, we want you to know that the Kenmore Law Group does not ask our clients to pay money in advance. 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 Kenmore Law Group today. We want to help you with your worker’s compensation claim and make sure you get back to work.