Can You File a Workplace Injury Claim for Heat-Related Illnesses in Florida?

Florida’s hot and humid climate creates an environment that is not only uncomfortable but potentially hazardous for workers, especially those who work outdoors. Heat-related illnesses such as heat exhaustion and heat stroke can develop rapidly in high temperatures and become life-threatening if not treated promptly. For employees in construction, agriculture, landscaping, or any field requiring outdoor labor, understanding how heat impacts their health and knowing their rights is critical.

In this page, we will explore whether heat-related illnesses are covered under Florida’s workers’ compensation laws, the steps to take if you experience heat-related illness at work, and why consulting an experienced workers’ compensation attorney can significantly help your case.

What Are Heat-Related Illnesses and How Can They Affect Workers?

Heat-related illnesses are a group of conditions that occur when the body is unable to properly cool itself in high temperatures. These conditions can range from mild to severe, and they often result from prolonged exposure to heat, dehydration, and exertion in hot environments. The most common heat-related illnesses are heat exhaustion and heat stroke, both of which can have serious implications for a worker’s health.

Heat Exhaustion

Heat exhaustion occurs when the body becomes overheated due to excessive heat exposure and dehydration. Symptoms include heavy sweating, dizziness, weakness, fatigue, nausea, and headaches. If not addressed, heat exhaustion can lead to more severe conditions like heat stroke.

Heat Stroke

Heat stroke is the most serious form of heat-related illness. It occurs when the body’s temperature regulation system fails and the body temperature rises to dangerous levels. Symptoms include confusion, rapid heartbeat, loss of consciousness, and even organ failure. Heat stroke is a medical emergency, and immediate intervention is needed to prevent long-term damage or death.

Michael Serrano

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Candace “Cea” Hartley

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Molli Gard, ESQ.

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Workers in fields such as construction, landscaping, and agriculture are at a higher risk of heat-related illnesses. In Florida, where temperatures often exceed 90°F (32°C) in the summer months, these illnesses can become more prevalent and dangerous.

Can You File a Workers’ Compensation Claim for Heat-Related Illnesses in Florida?

Yes, in most cases, heat-related illnesses are covered by workers’ compensation in Florida. Workers’ compensation is a form of insurance that provides benefits to employees who suffer from injuries or illnesses that occur while on the job. The Florida workers’ compensation system covers a wide range of work-related injuries and illnesses, including those caused by heat exposure.

Workers’ Compensation Benefits for Heat-Related Illnesses

If you are diagnosed with a heat-related illness, you may be eligible to receive several types of benefits under workers’ compensation in Florida, including:

1. Medical Benefits: This covers the cost of medical treatment needed to recover from your illness, including hospital visits, medications, therapy, and any necessary treatments.
2. Wage Loss Benefits: If your heat-related illness prevents you from working for a period of time, you may be entitled to wage loss benefits. This provides compensation for lost income while you are unable to work due to your illness.
3. Permanent Disability Benefits: In cases where a heat-related illness causes permanent impairment or long-term health consequences, you may qualify for permanent disability benefits. These benefits are designed to compensate you for the loss of earning capacity due to your injury.

To be eligible for these benefits, the heat-related illness must be proven to have occurred as a result of your job. For instance, if you were exposed to extreme temperatures while working outdoors and suffered heat exhaustion or heat stroke, you may be able to file a claim for workers’ compensation benefits.

Steps to Take After Suffering from a Heat-Related Illness

If you believe that you have suffered from a heat-related illness while working in Florida, it’s essential to follow certain steps to ensure that you receive the benefits you are entitled to. Here are the key steps to take:

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Seek Medical Attention Immediately

Heat-related illnesses can progress quickly, especially if the symptoms are not treated in a timely manner. It’s crucial to seek medical attention immediately if you begin experiencing symptoms of heat exhaustion or heat stroke. The longer you delay treatment, the greater the risk of serious health complications. Heat stroke, in particular, is a medical emergency and can be fatal if not addressed quickly.

Make sure to inform the healthcare provider that your illness occurred while you were working in order to establish the connection between the illness and your job.

Report the Injury to Your Employer

Florida law requires workers to report work-related injuries or illnesses to their employer within 30 days of the incident. While heat-related illnesses can sometimes develop gradually, it’s important to notify your employer as soon as you recognize the symptoms or are diagnosed with the condition. Make sure to document your report, noting the time, date, and specific circumstances of the heat exposure.

File a Workers’ Compensation Claim

After reporting the heat-related illness to your employer, the next step is to file a workers’ compensation claim. This will initiate the process of receiving medical benefits, wage loss benefits, and other compensation to cover the impact of your illness. Your employer should provide you with the necessary forms to complete the claim.

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Gather Evidence to Support Your Claim

To strengthen your workers’ compensation claim, it’s important to gather as much evidence as possible. This may include:

• Medical records detailing the diagnosis and treatment of your heat-related illness
• Witness statements from coworkers who can confirm the working conditions and your exposure to high temperatures
• Documentation of weather conditions on the day of the incident
• Photos or videos showing the work environment, especially if there were inadequate safety measures to protect workers from the heat

The more evidence you can provide, the more likely it is that your claim will be approved.

Consult with a Workers’ Compensation Attorney

Navigating the workers’ compensation process can be complex, especially when dealing with claims for heat-related illnesses. Insurance companies and employers may dispute the cause of your illness or argue that proper safety measures were in place. This can delay the approval of your claim or result in it being denied.

Consulting with an experienced workers’ compensation attorney can significantly improve your chances of a successful claim. An attorney can help you gather the necessary evidence, file your claim correctly, and advocate for your rights during the process. They can also handle any appeals if your claim is denied or contested.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Why Should You Consult an Attorney for Heat-Related Injury Claims?

While workers’ compensation is designed to protect employees, the system is not always straightforward, especially when it comes to claims for heat-related illnesses. Insurance companies often seek to minimize the amount they pay out, and employers may try to avoid liability for workplace conditions.

An attorney with experience in workers’ compensation cases involving heat-related injuries can provide the following benefits:

1. Expert Guidance on Filing Claims: An attorney can help ensure that your claim is filed correctly and within the appropriate time frame. This is essential to avoid delays or potential denials.
2. Investigation and Evidence Gathering: Lawyers are skilled at gathering the necessary evidence to support your claim, including obtaining medical records, witness statements, and expert testimony.
3. Negotiation with Insurance Companies: If your claim is disputed or denied, an attorney can negotiate on your behalf to ensure you receive the compensation you deserve. They can also represent you in hearings or court if necessary.
4. Maximizing Your Compensation: A skilled attorney can help you secure the maximum benefits available under workers’ compensation, including wage loss benefits and permanent disability compensation.

Heat-related illnesses can have serious consequences for workers, especially in Florida’s extreme climate. If you’ve suffered from a heat-related illness at work, you may be entitled to workers’ compensation benefits to cover medical expenses, lost wages, and other damages. However, filing a claim can be challenging, particularly when dealing with disputes over causation or safety measures.

By following the proper steps—seeking medical attention, reporting the injury, filing a claim, and gathering evidence—you can strengthen your case and increase the likelihood of receiving compensation. Consulting with an experienced workers’ compensation attorney will ensure that your rights are protected throughout the process, and that you receive the benefits you deserve.

If you’ve been affected by a heat-related illness in the workplace, contact Serrano Law for a free consultation. Our team is ready to help you navigate the workers’ compensation system and secure the compensation you deserve.

To learn more about this subject click here: The Most Common Types of Workplace Injuries