Every worker in every industry in California has the right to expect a reasonably safe workplace and for their employer to abide by industry-specific safety regulations. While some workplaces are inherently hazardous, it is up to the employer to ensure all applicable regulations are followed to minimize the chance of employee harm. In California, workplace injuries can lead to workers’ compensation claims or even civil suits against employers who violate regulations.
If you have suffered workplace injuries due to high temperatures, it is imperative to know your rights and your options for legal recourse. You are likely covered by workers’ compensation insurance and can file a claim for benefits, but if your employer has broken state or federal workplace safety laws, it can form grounds for further legal recourse and an expanded recovery.
Common Workplace Injuries Due to High Temperatures
The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for creating and enforcing workplace safety regulations throughout the United States, and the California Labor Code includes many state-level regulations that employers in California must follow to minimize the chance of employee injuries. When it comes to high temperatures at work, employers in California must follow specific rules to minimize risks to employees.
When employees work outside in temperatures exceeding 80 degrees Fahrenheit, their employers must provide additional rest breaks, create places for shade and rest, and follow additional procedures to mitigate the health risks presented to employees who must work in extreme heat. Heatstroke, heat exhaustion, and other medical conditions from excessive heat are damaging and potentially life-threatening in some cases.
The heat itself is not only dangerous in some cases, but excessive exposure can also prevent the employee from performing their work duties safely. Employees may become dizzy, glasses and eye protection may become fogged, and various other hazards can arise from extended exposure to high temperatures. If you are hurt from high temperatures at work, you have the right to seek compensation through your employer’s workers’ compensation insurance policy.
Recovery Options After Work-Related Heat Injuries
If you or a family member experienced any type of adverse medical event from excessive heat in your workplace, it can form the foundation of a workers’ compensation claim. California law requires virtually every employer in the state to have this insurance, and almost all employees are covered. As soon as you receive medical treatment for your heat injury, you should reach out to an attorney you can trust to help navigate the workers’ compensation claim filing process.
A successful workers’ compensation claim can yield full coverage of all your medical expenses related to your work injury, and you can receive disability benefits if you are unable to work during your recovery. California workplace injuries often lead to temporary disability benefits that can last for up to two years, and workers who have been permanently disabled may qualify for lifetime benefits.
While most employers facilitate their injured employees’ claims for workers’ compensation benefits in good faith, there is always a chance for an injured employee to encounter unexpected complications from their employer and/or the employer’s insurance carrier. An experienced workers’ compensation attorney can be an invaluable asset for all the recovery efforts you attempt after a workplace injury from excessive heat in California.
Pratt Law Corporation can assist you with your recovery efforts following any workplace injury from excessive heat. If your employer has violated applicable industry regulations, you could have grounds to pursue additional compensation, and the employer could face penalties from OSHA or the state of California.
FAQs
Q: What Is the Hottest Temperature in Which You Can Legally Work in California?
A: The hottest acceptable temperature in which an employee may work in California is 80 degrees Fahrenheit. When temperatures exceed this threshold, employers must provide additional rest breaks and offer room for shade to employees who work outside, and certain special training may be required.
Q: Is Working in Extreme Heat an OSHA Violation?
A: OSHA maintains an extensive list of work safety regulations and many industry-specific regulations. However, there is no specific rule regarding extreme heat under OSHA guidelines. The California Labor Code, however, requires employers to take additional steps to prevent employee heat-related illness or injury when workplace temperatures exceed 80 degrees Fahrenheit.
Q: What Is the California Requirement for Workplace Temperature?
A: If an employee’s regular work environment must be kept lower than 60 degrees Fahrenheit, the employer must provide heated rooms that are kept at least 68 degrees Fahrenheit. Break rooms, restrooms, and changing rooms must also be kept at 68 degrees Fahrenheit. Most workplace temperature claims in California pertain to excessively hot temperatures and employer failure to take appropriate steps when outdoor conditions exceed 80 degrees Fahrenheit.
Q: Can I File a Workers’ Compensation Claim for a Heat Injury in California?
A: California’s workers’ compensation laws apply to all work-related illnesses and injuries. If you develop any type of heat-related medical condition while working, it can form grounds for a workers’ compensation claim as long as you can prove your condition directly resulted from you performing your job duties. If your employer fails to meet any applicable workplace safety regulations, it could open the door to further legal action.
Q: Should I Hire an Attorney for a Workplace Temperature Violation Case?
A: Hiring legal counsel is one of your most effective options for successfully navigating any work-related legal issues you encounter. Whether you intend to file a claim for workers’ compensation benefits or you believe you have grounds for legal recourse against an employer who has violated the California Labor Code, legal counsel you can trust will be an invaluable asset for the proceedings ahead.
The attorneys at Pratt Law Corporation excel at resolving complex work injury cases, and we can help determine the full scope of your legal options after suffering any type of harm from a workplace temperature violation in California. You have a limited time in which to pursue your recovery, so contact Pratt Law Corporation today to schedule your consultation with our team and learn more about the legal services we offer.
