After a work-related injury, you should be covered under your employer’s Workers’ Comp. This means that you should get your medical care and lost wages paid for, but there are limits and complications with claims that might make getting benefits for heat stroke a bit challenging.
Hot work conditions often make heat stroke a “work-related” injury, allowing you to get medical care covered to treat your condition. However, heat stroke might not last long enough to result in lost wages, meaning you could end up missing a few days of work without pay. However, long-term effects should be covered as disabilities.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What Are the Requirements for Workers’ Comp Coverage for Heat Stroke?
To get any work injury covered under Workers’ Comp, you have to meet three criteria:
Employee Status
If you are an employee, then your employer should cover you with their Workers’ Comp insurance. Some of the workers most vulnerable to heat stroke definitely should fit under this “employee” status, as opposed to being independent contractors:
- Workers in hot kitchens and food prep are typically hired as employees.
- Warehouse and package sorting workers are sometimes hired as seasonal workers during heavy delivery times, but even seasonal workers are covered.
- Farm workers and agricultural workers are covered under Workers’ Comp, whether they are documented or not, and whether they are permanent, temporary, or seasonal employees.
- Firefighters can be covered even if they are “volunteer” firefighters.
Work-Related Injury
Injuries are covered if they are “work-related.” That can mean that they occurred while performing work tasks or because of working conditions.
If your workplace is hot and humid and sunny, then you are at risk of heat stroke, heat exhaustion, and other heat-related injuries. These often meet the burden for being work-related, whether or not your employer attempted to mitigate the heat with water breaks, air conditioning, shade, etc.
Disability
While medical care can be covered for all work-related injuries, ongoing wage-loss benefits are only available if your injury keeps you from working for at least 7 days. Even then, they start from the 8th day onward; you only get the first 7 days paid if you end up disabled for at least 14 days.
Heat stroke and heat exhaustion can have long-lasting effects, such as long-term memory and cognition issues or even heart attacks. These can last well beyond 14 days and lead to wage-loss benefits.
However, if your injury just keeps you out of action for a few days, you might not get wage-loss benefits for that.
Death Benefits for Heat Stroke in Pennsylvania
Workers’ Compensation can also pay death benefits to the family of a deceased worker killed because of dangerous work conditions.
Who Benefits?
If your loved one died from heat stroke, then the spouse and children can file for Workers’ Comp benefits.
What Benefits Are Available?
These will pay for a certain level of wage-loss benefits, up to 2/3 of the worker’s pre-injury wage (subject to caps and floors), with different levels for different numbers of family members. Up to $7,000 is also paid for funeral and burial expenses.
End-of-life medical care should also be covered.
How to File
Our lawyers can help you file by notifying the employer within 21 days of the worker’s death, and if that is denied, filing a Claim Petition with a Workers’ Comp Judge within 3 years of the death.
FAQs for Workers’ Compensation Claims for Heat Stroke in Pennsylvania
Can You File for Heat Stroke and Heat Exhaustion?
“Heat exhaustion” is often a milder form of illness and injury from heat than “heat stroke.” With heat exhaustion, you may need to drink more water or sports drinks, get to a shady/cool location, and rest, but heat stroke is a serious medical emergency, and you should call 911.
Both could potentially result in the need for medical care, which should be covered by Workers’ Comp. However, heat exhaustion is far less likely to cause disability.
Does Heat Stroke Qualify as an “Injury” for Workers’ Comp?
Usually, yes. Heat stroke involves multiple injuries and health effects from heat exposure, and it is certainly a health complication that should be covered under Workers’ Comp.
Can You Get Disability Payments if You Miss Work Because of Heat Stroke?
If you suffer heat stroke at work, and it keeps you out of work for at least 7 days, then you qualify for wage-loss benefits. However, if you suffer heat stroke on your own time and the injury is not work-related, you cannot get disability payments for that.
Can You Sue for Heat Stroke at Work?
Heat stroke often results from environmental factors that your employer should have taken steps to mitigate. The fact that your employer did not provide proper shade, breaks, and water might be negligent, and it might be an OSHA violation, but you might not be able to sue for it.
You cannot sue your employer for work-related injuries and are expected to use Workers’ Compensation instead. There may be no other at-fault parties to sue, but our Pennsylvania Workers’ Comp lawyers can bring lawsuits against them if there are outside third parties liable for your injuries.
What Damages Can I Get for Work-Related Heat Stroke?
Workers’ Compensation typically pays three areas of damages, though whether they will be available in your situation depends on the facts of your case:
- Medical benefits to cover the cost of treating your injury or condition
- Wage-loss benefits to cover 2/3 of your pre-injury wages (or 2/3 of the difference in income) if your disability lasts at least 7 days.
- Specific loss damages to cover amputation, lost function, hearing loss, vision loss, or significant facial scarring.
If you miss less than 7 days, you will not be eligible for wage-loss benefits. Heat stroke is unlikely to cause one of these “specific loss” injuries unless you collapse and suffer a secondary injury, though serious brain damage could cause some of these issues in severe heat stroke cases.
Call Our Pennsylvania Workers’ Compensation Specialists Today
For your free case review, call Cardamone Law’s Philadelphia Workers’ Comp lawyers at Cardamone Law at (267) 651-7945.
