Heat Exhaustion

How Can Heat Cause a Work Injury?

Heat-related illnesses occur when the body becomes so overwhelmed by heat, humidity, strenuous activity, or dehydration that it can no longer cool itself down using natural mechanisms, such as sweating. When this happens, the body’s core temperature rises, leading to a condition called hyperthermia, which can cause heat exhaustion and heat stroke.

According to the Florida Policy Institute (FPI), Florida has the highest number of heat-related illnesses in the nation, with more than 30,000 emergency room visits and hospitalizations for heat-induced conditions reported between 2018 and 2022.

Construction workers, agricultural workers, landscapers, miners, and amusement park attendants are among those who may be at risk for heat exhaustion. Employees who work indoors in hot industrial settings, including factories, foundries, and bakeries, may also be at risk.

Is Heat Exhaustion a Work-Related Injury?

Work-related heat exhaustion can happen outdoors and indoors when workers engage in strenuous physical activity or perform their jobs in hot environments.

According to the Cleveland Clinic, heat exhaustion is a “moderate form” of heat-related illness that can quickly lead to severe complications when left untreated. It occurs when internal body temperature rises but stays below 104 degrees Fahrenheit (40 degrees C).

Per the Mayo Clinic, symptoms of heat exhaustion include:

• Muscle cramps
• Nausea
• Headache 
• Dizziness 
• Faintness
• Fatigue
• Heavy sweating
• Weak but rapid pulse
• Low blood pressure when you stand up

If you experience signs of heat exhaustion on the job, you should stop and rest, move to a cooler location, and drink fluids. If symptoms persist for more than an hour, you cannot drink, you become confused or distressed or lose consciousness, or your temperature rises above 104 degrees, seek medical treatment immediately.

Is Heat Stroke a Work-Related Injury?

Heat stroke can also occur due to physically strenuous work, working outdoors in the Florida heat, or working in a hot facility. It can develop when the symptoms of heat exhaustion are not treated and body temperature rises above 104 degrees. 

Heat stroke can cause signs of brain dysfunction, such as confusion, slurred speech, and blurred vision. Other symptoms include elevated heart rate, rapid breathing, nausea, and vomiting. If you do not seek medical attention, heat stroke can cause organ damage or death.

Heat stroke is a medical emergency, and those who experience signs of the condition should see a doctor immediately. While waiting for treatment, do whatever is necessary to cool the body, including spraying or submerging yourself in cool water.

How To Get Workers’ Compensation for Heat-Related Illnesses in Florida

Most employers in Florida are legally required to carry workers’ compensation insurance. Employees can pursue workers’ comp benefits if they suffer a job-related injury that requires medical treatment or prevents them from working.

In general, to get workers’ compensation for heat-related illnesses in Florida, you must do the following:

• Notify your employer. Florida Statutes § 440.185 states that you must inform your employer about your work injury within 30 days of when it happened. Failure to notify your employer may leave you unable to file a claim for compensation.

• Seek treatment from an authorized provider. Medical treatment for your work injury must be administered by a physician authorized by your workers’ compensation insurance plan. Authorized providers will submit your medical bills to the insurance company for payment.

• Prove your injury was work-related. When seeking workers’ comp, you do not need to prove that anyone was at fault for your injury. You need only show that you were hurt and that the injury occurred due to your work duties.

• Prove your injury prevents you from performing your job. If complications from heat exhaustion prevent you from working for at least seven days, you may be entitled to wage replacement benefits. To collect lost wages, you must establish that your injury or illness is so severe you cannot perform your job.

Our Florida workers’ compensation attorneys can help you with your claim by advocating for you and building a case if your employer or their insurer refuses to pay your medical bills or adequately compensate your wages. We can also appeal denials from your employer or their insurance.

Our Florida Lawyers Can Help You Seek Maximum Benefits

Rosenberg & Rosenberg works tirelessly to get our clients the resources they need to recover from their injuries. If you suffered a heat-related illness, our compassionate lawyers and staff can fight to recover full and fair financial awards. Workers’ compensation coverage may include:

• Medical benefits. Medical benefits should pay for treatment related to hyperthermia. Coverage includes medical testing, hospital stays, medical procedures, doctor’s visits, physical therapy, nursing, attendant care, and medical travel expenses.

• Wage replacement benefits. You can recover wage replacement benefits if your medical condition prevents you from working. Wage compensation usually equals 66 2/3 percent of your pre-injury average weekly wage, and you can collect it for up to 104 weeks. However, the severity of your injury can affect coverage. You may only qualify for partial benefits if you can perform some type of work while you heal. Alternatively, if you have a severe or permanently disabling injury, you could be entitled to more money for a longer time. Our workers’ comp law firm can pursue the maximum amount possible for your claim.

• Death benefits. If your loved one died because of a heat-related illness, workers’ compensation will pay up to $7,500 in funeral and burial costs and provide wage benefits to the deceased’s qualifying dependents. The deceased’s surviving spouse can also receive education benefits.

• Vocational training. If your injury or illness leaves you unable to do the same job you did before you were hurt, workers’ comp allows you to access reemployment services at no cost. These services may include job placement, formal or on-the-job training, and vocational counseling.

We Also Assist With Workplace Personal Injury Claims

You usually cannot sue your employer if they carry workers’ compensation insurance. However, depending on the circumstances surrounding your injury, you could have a personal injury claim against a liable third party if their negligent actions contributed to your illness.

A negligence-based personal injury claim will allow you to pursue damages not recoverable through workers’ compensation, including:

• The entirety of your lost wages (not just 66 2/3 percent)
• Lost future earning capacity
• Physical pain, mental anguish, and emotional suffering
• Reduced quality of life
• Wrongful death compensation for tangible and intangible losses

To learn more about seeking workers’ compensation for heat exhaustion in Florida or pursuing a personal injury claim, contact Rosenberg & Rosenberg online or call for a free consultation. Our Florida personal injury lawyers can help you understand your legal options.

Are There Any Laws to Protect Workers from Heat Illnesses? 

There are no federal laws regulating when it is too hot to work. In addition, National Public Radio (NPR) reports that, in 2024, Florida passed a law prohibiting cities or counties from establishing protections for workers who do their jobs in the heat. 

The new law means that no city or county in Florida can make or enforce rules that mandate breaks or access to shade or cool water.

What Should You Do if You Get Heat Exhaustion While on the Job?

If you got heat exhaustion or suffered heat stroke because of your job, you may have a claim for workers’ compensation for heat-related illnesses in Florida. You should do the following to protect your health and your right to recover damages:

• Seek medical treatment. If you have not seen a doctor, do so as soon as possible. A doctor can diagnose your injury or illness as heat-related, treat your symptoms, and prevent further complications.

• File claims promptly. You should immediately notify your employer about your heat-related injury and ensure they file claims promptly. If you have a personal injury claim or must take legal action to get fair compensation, you have to file your case before the statute of limitations expires. According to Florida Statutes § 95.11, you usually have two years.

• Speak with our attorneys. Engaging our workers’ compensation attorneys from the outset of your claim can help you fight for the benefits you need. It is especially important to consider legal help if your employer refuses to file your claim or the insurance company underpays or denies your benefits.

Contact Rosenberg & Rosenberg About Your Workers’ Compensation Claim

Rosenberg & Rosenberg wants to help you and your family recover as much money as possible so you have the resources you need to heal – now and in the future. Our workers’ compensation lawyers can handle every detail of your claim for workers’ compensation for heat-related illnesses in Florida, including heat exhaustion and heat stroke.

Call 24/7 for a free consultation. We do not charge a fee unless we win your case.