Heat Stroke Workers Compensation Lawyer

When the human body reaches a temperature of 104 degrees because of a hot environment and hard work or excursion, the results can be catastrophic. The victim can appear confused, agitated, or irritable and suffer a seizure or fall into a coma. The victim can also begin to vomit and breathe more rapidly and shallowly. These issues are compounded by dehydration and the inability to cool the body and escape the hot environment. Immediate removal from the sun and to a cooler area is essential until the victim can be moved to a facility to get medical care. Cooling the body with water, removing excess clothing, and keeping the person shaded from the sun are vital.

As heat stroke progresses, the increased body temperature can result in significant harm to the victim, including seizures, vital organs shutting down, loss of consciousness, breathing stops, brain damage, and loss of life. When the first indications of heat related issues appear, the victim should be removed from the heat and sunlight, cooled, given water, and taken for a medical evaluation.

It is essential for all workers in California to know that they have coverage from worker’s comp that will help them if they get hurt on the job. All employers in the state are obligated to participate in the program and pay all expenses related to the coverage for their employees. The program offers many benefits that workers can use when they suffer an on the job injury and require medical care and other services to get back on their feet.

As with other injuries or illnesses that are the result of a work incident, victims who suffer from heat related illnesses such as heat stroke have the right to open a claim with worker’s compensation and receive benefits as needed. The most common and helpful coverage provided by the program includes:

• Coverage of all medical expenses related to the treatment of the heat stroke up to a total of $1M – it is also critical to understand that this money can be used for hospital bills, doctor’s fees, surgical expenses, the cost of prescription medication, therapy or counseling, rehabilitation and more which can be billed directly to the worker’s comp program by the service provider to eliminate the stress of these expenses for the victim and the need for any deductible or copay at the time of service
• If the worker is unable to return to work until they have fully recovered, the program will pay the worker up to 66% of their regular income to be used as the worker chooses to cover routine expenses like food and rent
• If the victim sustained partial or temporary disabilities due to the result of the heat stroke, they can also get disability payments to help offset their decreased earning potential
• In cases where the victim will never be able to return to their previous job, they can receive free vocational training to help them prepare for a new career path once they are fully recovered and ready to return to the workforce

In most cases, an injured worker is not permitted to file a personal injury lawsuit against their employer for a workplace injury. That is one of the rules established by the worker’s comp program to protect employers from the cost of lawsuits filed by employees. However, there is an exception that allows a hurt worker to file a lawsuit against their employer when there is gross negligence involved in the injury incident. Gross negligence is defined as a complete lack of concern or consideration for the safety of employees.

In the case of a worker who suffers heat stroke, there could be a possibility of gross negligence if the employer did not permit the workers to stop and drink enough water to remain hydrated, they were forced to work without shade, or the opportunity for breaks from the sun and heat, or the worker reported early signs of heat related illness but was refused care or the ability to seek medical care before the level of the illness reached the severity of heat stroke. If you feel gross negligence was a factor in your heat stroke incident, please reach out to the team at DTLA Law Group for assistance in evaluating the case for gross negligence as a factor that caused or contributed to the harm you sustained.

If you are opening a worker’s comp claim to seek benefits from the program, please know that you have only 30 days from the date of the incident to contact worker’s comp staff and begin the claims process. This time limit is strictly enforced, and once the 30 days have passed, any claim you attempt to open will be immediately denied, and you will receive no benefits. If gross negligence was involved in your heat stroke incident, you have two years from the date of the incident to file your lawsuit with the court. When this time limit expires, you will lose the right to pursue legal action against your employer to seek added compensation for the losses and expenses you incurred that were not covered by your worker’s compensation claim. It is also crucial to know that there are very few exceptions that would provide added time to take legal action against your employer once the original time limit has passed. Please reach out to DTLA Law Group today to discuss these time limits and how they could impact your ability to seek help covering the losses and expenses created when you suffered heat stroke while at work.

When you work with the expert legal team at DTLA Law Group, you never need to experience added hardships or monetary issues because of upfront legal fees and expenses. Our firm never asks for any money when we begin work on a case. Instead, we only get paid after the matter is resolved, and our client has the compensation that includes funds to cover their legal costs and other expenses.

Finally, if your heat stroke worker’s compensation lawyer fails to win your case and get you the funds needed to cover your legal costs, you owe DTLA Law Group nothing for the time and investment made in building and litigating your lawsuit. Please make time at your earliest opportunity to contact our office staff to learn more and ensure you get the help you need and deserve before the time to take action expires and you are left facing massive debt and losses.