Workers’ Compensation covers all kinds of work-related injuries, including those from extreme temperatures. Some of these injuries occur from the environment, while others occur from contact with refrigeration, chemicals, and machinery.
Our attorneys can help you file a Workers’ Compensation claim for the injuries you face from cold exposure. Depending on how the injuries happened, it might be difficult to link them back to your work tasks, but people who commonly work with refrigerant, liquid nitrogen, and other chemicals should have less difficulty proving this link.
For help with your claim, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.
Can You Get Workers’ Comp for Cold Exposure Injuries?
People may think of the cold as a natural or inherent part of their job, especially if they work in refrigerated areas or outside during the winter. However, just because the cold is natural doesn’t mean you shouldn’t be compensated for your injuries.
Availability of Benefits
Workers’ Comp benefits should be paid by an employer for any employees injured because of work tasks or working conditions. This includes natural cold conditions outside, especially when things like safety gear, warming areas, and breaks can help mitigate the effects of cold exposure.
Conditions vs. Accidents
Some people face the cold because they work outside in the winter, while others work in refrigerated areas. These workers should be given cold-weather gear, access to warming areas, and breaks to prevent injuries.
Others are injured because of exposure to refrigerants, liquid nitrogen, compressed/liquid gas, and other cold items. These workers should also be given the proper safety gear, as well as training, to handle these items.
Injuries in either case can get you Workers’ Comp.
Requirements
Workers’ Compensation has two basic requirements for a claim
- The injury was work-related
- The injury is disabling.
If these are both met, and you are a qualifying employee, then you should be able to get full benefits.
Available Benefits for Cold Exposure Injuries in Pennsylvania
When you file a Workers’ Comp claim, there are three potential areas of benefits our Bucks County, PA Workers’ Compensation lawyers can help you get:
Medical Benefits
During the first 90 days of treatment, you may need to use approved providers from your employer’s list of “panel doctors.” Aside from that restriction, all medical care you receive for your injuries should be covered.
This may even include specialist visits if you suffer nerve damage, lost function, or amputation because of serious frostbite, chemical exposure, etc.
Lost Wages
If you miss work for over 7 days because of the injuries, you can get replacement wages. You may face lost wages for years to come if you suffered a permanent injury.
Your benefit rate is decided through this formula:
- If you are totally unable to work, you receive 2/3 of your pre-injury average wage, subject to caps at the statewide average and a floor at the lower of half the statewide average or 90% of your pre-injury wage.
- If you can work to some extent, you receive 2/3 of the difference between your pre-injury and post-injury wages.
Specific Loss
With the following injuries, you can receive additional benefits:
- Serious facial scars
- Lost function
- Amputation
- Lost hearing
- Lost vision.
The rate for these payments is 2/3 of your pre-injury average wage, up to the statewide average, and down to half that average. They last for a number of weeks set based on which specific injury you suffered.
How to File a Workers’ Comp Claim for Cold Exposure in Pennsylvania
The process of filing a Workers’ Comp case can be a bit confusing because it seems so informal at the beginning, but escalates in seriousness:
Claim With Employer
Workers’ Comp claims start with notice to your employer of the injury. File this within 21 days of the injury, then continue getting medical care while you await their decision. If they deny you or fail to respond within 21 days, you can escalate the case to a formal Claim Petition.
Claim Petition
A formal Claim Petition can be filed with the Workers’ Comp Office of Adjudication within 3 years of the injury, after your claim is denied. This puts the case before a Workers’ Comp Judge and allows each side time to collect medical reports, depositions, and other evidence of the injury and its cause.
Then, we go to a hearing where the judge decides the claim.
Settlements
All the while, our lawyers will negotiate to try to reach a settlement to get your benefits paid in full without needing a full hearing. We can also settle after you have been on benefits if your injuries are reaching maximum medical improvement but will still face ongoing lost wages.
FAQs for Cold Exposure Injuries at Work in Pennsylvania
Can You Sue for Cold Exposure Injuries at Work?
Workers’ Compensation may be the only way to get compensation if you, your employer, or a coworker was responsible for your injuries. It may also be the only way to get compensation if no one was responsible.
You cannot sue an employer for work-related injuries. However, you can file a lawsuit (even if you file a Workers’ Comp claim) against a responsible third party. For example, you may sue the manufacturer of an industrial freezer that locked you inside or the manufacturer of a coolant tank that leaked or exploded.
Can You Get Workers’ Comp for Heat Exposure, Too?
Yes. All kinds of injuries from temperature exposure at work can be claimed, including frostbite and burns, hypothermia and heat stroke, and any other injuries.
Often, the same kinds of workers who face cold exposure injuries from outdoor work are also at risk of heat exposure injuries in the summer, like utility workers, construction workers, etc.
Can You Get Workers’ Comp for Exposure to the Common Cold and Other Illnesses?
While the focus of this article is cold temperatures, you may also be able to get Workers’ Comp for exposure to the common cold (i.e., the virus) and other illnesses, like the flu. However, proving that you were exposed at work and not somewhere else is incredibly difficult, so these claims are rare.
Additionally, the common cold usually doesn’t result in enough lost days of work to get you lost-wage benefits, so only medical care benefits would be needed, and likely only for extreme cases.
Call Our Workers’ Compensation Lawyers for Help Today
Call (267) 651-7945 for a free case review with Cardamone Law’s Philadelphia Workers’ Compensation lawyers.
