Pennsylvania law enables qualifying workers to receive compensation if they experience a heat-related injury while on the job. Examples of conditions that workers’ comp may cover include heat stroke, heat exhaustion, rhabdomyolysis, heat syncope, and heat rashes or cramps. The employee should follow the procedures for other work-accident claims to apply for these benefits. For example, they should notify their employer about their injury and follow their doctor’s recommendations. 

The reputable team at Krasno, Krasno & Onwudinjo provides comprehensive legal support to clients hurt in a heat-related accident at work. Our team of Pennsylvania workers’ compensation lawyers includes leaders in this field. Our dedication to the injured worker runs three generations deep, earning us statewide and national recognition. More important, however, is the respect and trust that our clients place in us during their vulnerable experiences. 

Can You Receive Workers’ Compensation for a Heat-Related Accident?

Yes, you can receive workers’ compensation if you are hurt because of overheating. To qualify, you must be a covered employee and show that your injury occurred at work. You should also file your claim on time (typically within 120 days of the incident). 

You Are a Covered Employee

The first step is showing that your employer’s insurance covers you. Part of this involves proving you have an employment relationship with your company and are not an independent contractor. 

Under Pennsylvania law, some employees may be ineligible for coverage if they are temporary workers or don’t earn over a certain amount. Additionally, someone’s role in the business may prevent them from receiving benefits. For example, higher-ups in a non-profit organization may not be ineligible. 

If your employer classifies you as freelance, but you’re an employee, they may need to cover your qualifying work injury. The Pennsylvania courts look at the context rather than what’s in the contract to decide if someone is an employee. For example, courts weigh how much control workers have over when and how they do their projects. Courts also see whether the employee has a business that does work similar to what they do for the company. 

Your Injury Occurred While You Were Working

You must also establish that you were doing your job when the heat-related accident happened. To be covered, you don’t have to be at your physical workplace, such as headquarters or the office. Instead, you need to prove that you were doing something for your employer when you got hurt. For example, you may have been traveling to and from a job site, or you may have been doing off-site work. 

What Are Examples of Heat-Related Work Injuries that Workers’ Comp May Cover?

Working in a hot indoor environment or outside in the summer’s heat places an incredible strain on your body. As the Centers for Disease Control and Prevention explains, those exposed to high heat and humidity may experience the following:

• Heat Stroke—Your body loses its ability to control its temperature and, if not treated correctly and swiftly, may experience severe disability or death. 
• Heat Exhaustion—Your body loses a significant amount of water and salt, causing symptoms ranging from headaches and nausea to dizziness and weakness. 
• Rhabdomyolysis—Your muscles start to deteriorate, causing a dangerous influx of proteins in your bloodstream, which, if left untreated, can cause kidney failure. 
• Heat Syncope—Your body becomes dizzy and lightheaded, causing you to faint. 
• Heat Cramps—Significant sweating causes your muscles to lose salt, making them seize up (e.g., cramps). 

When you experience a heat-related adverse event, you are also at risk for other injuries. For example, you may overheat and faint, hitting your head on the cement walkway. Because of this, you may require additional treatments and have to take more time off work. If you experienced a heat-related job accident and want to know your options, consider contacting an experienced Pennsylvania workers’ compensation attorney. They can talk to you about your situation and recommend what you can do next. 

How Can You Apply for Workers’ Compensation Because of a Heat Stroke?

Seeking benefits for a heat-related injury follows the same procedure as for other types of accidents. First, you seek emergency medical treatment (if needed) to address urgent concerns. Then, you notify your employer about the incident. Preferably, you submit this notice in writing with the date on it so you (and your employer) have proof that you sent this in. Once you give your employer this notice, they must inform their insurance carrier about the accident. After this, they conduct an investigation and decide whether to grant or deny your claim. 

Keep in mind that you need to tell your employer about your condition within 120 days (ideally, 21 days) after the accident occurs. If you miss this deadline, you may have difficulty securing benefits for your work injury.   

What Benefits Can You Get for a Work-Related Heat Injury?

Pennsylvania’s workers’ compensation system allows eligible employees to receive a couple of types of assistance for a job-related injury. As a hurt worker, you may receive wage replacement benefits to cover your loss of or reduction in earnings while you’re recovering. Additionally, your employer may pay for your accident-related medical care. Other benefits might include death and specific loss benefits. 

Wage Replacement Payments

Wage replacement benefits seek to make up for the financial loss you experience during the healing process. The amount of compensation you might get (and for how long) depends on many factors. These include your post-accident earnings potential, your pre-accident wages, and other government entitlement programs you receive. Typically, you might get 66 and two-thirds percent of your wages. That said, the law may adjust this amount so that you don’t earn over a certain maximum, which changes yearly. 

Medical Expense Coverage

Many workers’ compensation settlements also cover the employee’s reasonable and related medical care costs. For example, this might include your initial visit to the emergency room and subsequent visits to an approved provider. 

As the Department of Labor & Industry states, you may have the option to choose your doctor; however, that depends on your situation. If your boss has a list of at least six physicians posted in your workplace, you may have to see someone on the list for the first 90 days after the injury. But this isn’t always the case. A workers’ compensation lawyer can equip you with the knowledge and tools to assert your rights when seeking medical care.  

Special Benefits for Unique Situations

If the worker succumbs to their heat-related injury, their surviving family members may qualify for death benefits. These may include a lump sum payment or funeral and burial expenses. 

A person who experiences a specific loss outlined in the workers’ compensation statute may only receive a predetermined type or amount of benefits. What this looks like depends on the context. For example, if a carpenter has a heat stroke and severs their thumb with a table saw, they may receive wage replacement benefits for up to 100 weeks. 

Krasno, Krasno & Onwudinjo: Dedicated Pennsylvania Workers’ Compensation Attorneys

Working in the extreme heat or high humidity can be incredibly dangerous. If you faint, have a heat stroke, suffer rhabdomyolysis, or endure another type of harm on the job, the workers’ comp system may provide you with a way to receive much-needed benefits. While the program is here to help those in need, employers and insurance companies can sometimes make it difficult for people to access these entitlements.  

Krasno, Krasno & Onwudinjo has fought for the injured Pennsylvanian worker for over eight decades. During that time, our team has connected over 300,000 employees with benefits. While we can’t guarantee a particular outcome in future cases, we can promise to put in the time, diligence, and vigor required to litigate our clients’ claims. 

Throughout his entire career, which spans over 35 years, Andrew Onwudinjo has dedicated his legal knowledge and skills to helping workers hurt on the job. He makes it his mission to help his clients gain access to the benefits they are entitled to while also helping to restore their dignity after they are in an accident. 

When you experience a heat-related injury while doing your job, contact us today by calling 844-243-4841 to schedule a free initial consultation. We don’t charge clients a dime in legal fees unless we win their case and they receive a settlement.