Can You Collect Workers’ Compensation Benefits for Injuries Caused by Exposure to Summer Heat?
The warm summer temperatures in Texas are great for many things—a picnic with family, an outing to a theme park, or swimming or boating on one of the state’s many waterways. If you work outside, though, the summer heat can be beastly. When the temperatures hit 100 degrees (or hotter), you can be diligent about hydrating, about taking breaks, and about periodically finding shade, but you can still be at risk of heat exhaustion.
What Is Heat Exhaustion?
You suffer from heat exhaustion when your body loses too much salt and water, typically through perspiration. When that happens, your body loses its natural ability to keep you cool. It’s not the same thing as a heat stroke, which can be far more serious, but it can lead to heat stroke, if untreated.
How Do You Know If You’re Experiencing Heat Exhaustion?
The symptoms of heat exhaustion may be sudden or cumulative. You may be at risk of heat exhaustion, even if you’re taking breaks, if your body doesn’t have sufficient time to cool down and replenish water and salt. Some of the telltale signs of heat exhaustion include:
- Muscle cramps
- Excessive sweating
- Lightheadedness, vertigo or fainting
- An increase in your heart rate
- A cool sensation or moisture on your skin when you’re in the heat
- Goose bumps on your skin
- Nausea or vomiting
- Headaches
Can You Recover Workers’ Compensation Benefits After Suffering Heat Exhaustion?
In Texas, as in all states, there are only two requirements to be eligible for workers’ compensation benefits:
- You must show that you suffered an injury or illness; and
- You must prove that the injury or illness was work-related.
Accordingly, to qualify for workers’ compensation when you have been unable to work because of heat exhaustion, you don’t need to show that your employer acted carelessly or negligently. You don’t need to show that your boss or employer knew or should have known that the temperatures outside put you at risk for heat exhaustion. You don’t need to show that they failed to provide adequate hydration or take other safety measures to protect you from possible heat exhaustion. If you were performing duties related to your job at the time of your injuries, you should be covered by workers’ compensation.
A caveat, though—unlike other states, Texas does not require that employers subscribe to the state’s workers’ compensation system. As a practical matter, more than 70% of all companies in Texas do provide workers’ compensation benefits. If, however, your employer is one of those who does not subscribe, you can file a personal injury lawsuit in court to recover for any losses. Though you have the potential, through a personal injury claim, to recover more than you might through a work comp claim, the process will typically take a lot longer, and you’ll be required to prove that your employer acted carelessly or negligently.
At the law offices of Bailey & Galyen, we have a comprehensive knowledge of the law and process for getting workers’ compensation benefits after any type of job-related injury or illness. We have secured positive results for Texas workers for more than four decades, handling all the details of a work comp claim, from filing for benefits to any appeals that may be required.
We are proven trial attorneys who will be a strong voice for you in all proceedings. Contact us by email or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
