New Law to Implement Heat Standards for Workplaces – Heat Exposure Injury Lawyers
A state board recently voted to create indoor heat standards for employees in California. This new law means that millions of California employees with jobs in warehouses, kitchens, and other work sites that get severely hot will have more protection. Prisons and jails will be excluded from these new heat standards, however. These new regulations, although costly, are estimated to save millions by preventing heat-related injuries among workers.
Understanding the Severity of Heat-related Injuries in the Workplace
When we think of heat-related injuries, we usually only consider heat exhaustion and heat stroke, mostly because these are the two most severe injuries. Heat-related injuries include the following:
- Rhabdomyolysis (muscle breakdown) – muscle pain, weakness, dark urine, or reduced urine output
- Heat rash – clusters of red bumps on the skin (usually on the neck, skin folds, and upper chest)
- Heat syncope – fainting and dizziness
- Heat cramps – muscle spasms and/or muscle pain (usually in the trunk, arms, or legs)
- Heat exhaustion – fatigue, irritability, thirst, heavy sweating, nausea, vomiting, dizziness/lightheadedness, high body temperature, and fast heart rate
- Heat stroke – rapid heart rate, very high body temperature, heavy sweating or hot/dry skin, seizures, confusion, slurred speech, and unconsciousness
If those experiencing heat-related illnesses cannot cool down, consequences could be fatal.
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$2.5 Million
$2,287,495
$54 Million
$22 Million
$1.9 MIllion
$1.5 Million
$600,000
$1,975,000
Liability for Heat-Related Injuries in the Workplace
Certain workplaces, like kitchens, warehouses, factories, etc., get very hot very fast and employees can suffer heat-related injuries. If you suffered heat-related injuries at work, you could pursue workers comp benefits. In some cases, injured employees might actually have the right to purse lawsuits based on negligence. That is, if it can be determined that the incident happened because of the employer’s serious and willful misconduct. In other words, if employers intentionally or negligently disregard safety rules or standards (such as heat standards), then the employer could be held liable for any resulting harm.
Although you could have the right to get workers comp benefits, you could actually be eligible to pursue a civil lawsuit against your employer and recover compensation for the harm that you suffered. For more information about establishing liability for the harm that you suffered at work, contact the experts here at our law firm at your earliest convenience.
Can I File a Lawsuit for Heat-Related Injuries?
Yes – as explained above, you could be eligible to file a lawsuit. If you were injured, you could pursue a personal injury claim. If a member of your family died as a result of heat exposure and heat-related injuries, you could file a wrongful death claim. Whether the injury occurred because the workplace was overheating, there was high temperature in the warehouse, employees were forced to work in too much heat, or even because the employer refused to fix the AC, victims can file lawsuits.
Can I participate in a class action lawsuit? If other employees suffered heat-related injuries as a result of the high temperatures in the workplace, victims could have grounds to come together to pursue a class action claim.
My workplace refuses to fix their AC. Can I sue? Yes, when the new heat standards are implemented, refusing to fix the air conditioning in the workplace will likely be considered a violation of the new heat standards law. In other words, employees will be able to sue their employers for this violation as well as for any injury that occurs as a result.
For more information about the legal options available to you if you or a loved one was harmed, contact us today.
Why Will Prisons and Jails be Excluded?
Reportedly, just a few months before the standards were to be approved, the Department of Finance withdrew support claiming that the new standards would require billions of dollars for prisons and jails to implement them. To be able to salvage the new standards, Cal/OSHA decided to exclude prisons and jails from the new heat standards. The agency stated that it may develop separate standards for these facilities in the future; however, considering that it has taken almost a decade to develop current heat standards, it is unclear how long it will take for the agency to finally develop standards that include jails/prisons. Unfortunately, prisoners/inmates are often dehumanized and normally subject to substandard conditions, including extreme heat. Even though heat-related injuries are common in these facilities, air conditioning is still considered too much of a luxury for prisoners.
Some of the Compensation Available for Recovery
Although every heat-related injury is different, claimants could be eligible to pursue compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Legal fees
Here at our law firm, we understand the severity of heat-related harm. When workplaces and other facilities fail to take the dangers of heat injuries seriously, they should be held accountable and sued. Our team is fully committed to fighting for the rights of our clients and helping them recover the maximum among of compensation available for their claims.
How much can I recover? Since case values are based on specific case details, this is a difficult question to answer without first evaluating your claim. Based on the details surrounding these cases, claimants could be eligible to recover anywhere from $50,000 to $1.5 million or even more. If you have any questions about the possible compensation that you could recover if your heat injury lawsuit is successful, contact us today.
Contact the Downtown L.A. Law Group Today
When the new heat standards go into effect, employers will have the duty to adhere to new heat safety standards. Even though these standards will not apply to prisons and jails, it is just a matter of time before there are separate standards for these facilities. Regardless, it is important that victims and their families could have the right to pursue claims. Here at the Downtown L.A. Law Group, our team has decades of experience and is ready to provide you with the guidance that you need to begin or continue your claim. If you are ready to speak with our heat injury lawsuit lawyers, contact us today.
Whether you or a loved one suffered heat stroke, heat exhaustion, or any other type of heat-related injury, you could pursue a claim. Our team offers free case evaluations, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns; you can be sure that our experts will provide you with all the information that you need to start or continue your claim. To schedule a free case evaluation, contact us today.
Zero-Fee Guarantee: our clients will never be required to pay any upfront legal costs for any of our legal services. In addition, since our team works on contingency, our clients will not be responsible for paying anything if their claims are not successful. If you do not win, you simply will not pay anything.