A state board voted to create indoor heat standards for California workers. The new law would ensure that California workers with jobs in kitchens, warehouses, and other sites that get extremely hot have more protections. Prisons and jails are to be excluded from these new heat regulations. Although ensuring that employers meet these new regulations is estimated to be costly, the new regulations have been projected to save millions by preventing heat-related injuries among California workers.
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About Heat-related Injuries in Workplaces
Many people are familiar with heat exhaustion and heat stroke, as these are two of the heat-related injuries that are most often discussed. However, there are many different heat-related injuries. Examples of heat-related injuries include the following:
- Rhabdomyolysis or muscle breakdown, which causes muscle pain, weakness, dark urine and/or reduced urine output
- Heat rash, which results in clusters of red bumps on the skin generally located on the neck, skin folds, and upper chest
- Heat syncope, or fainting/dizziness
- Heat cramps, specifically muscle spasms/pain in the legs, arms, or trunk
- Heat exhaustion, resulting in thirst, fatigue, irritability, heavy sweating, nausea, vomiting, rapid heart rate, high body temperature, and dizziness/lightheadedness
- Heat stroke, resulting in rapid heart rate, very high body temperature, hot/dry skin, very high body temperature, confusion, slurred speech, seizures, and unconsciousness
If those suffering from heat-related illnesses cannot cool down, the heat-related injuries could ultimately be fatal.
Who is Liable for Heat-Related Injuries in the Workplace?
There are many different workplaces, like warehouses, factories, and kitchens, for example, that get very hot, causing employees to sustain heat-related injuries. Workers that suffered heat-related injuries may be eligible to pursue workers compensation benefits. In many cases, however, injured workers or their families could have the right to file claims on the basis of the employer’s negligence. More specifically, victims can sue if the heat-related incident occurred due to the employer’s negligence or serious/willful misconduct, such as a disregard of heat safety rules/standards. For more information about establishing liability for heat-related injuries in the workplace, contact the experts here at our law firm as soon as possible.
Understanding the Exclusion of Prisons and Jails Under New Heat Standards
According to reports, Cal/OSHA lost support from the Department of Finance just a few months before the standards were set or approval on the basis that it would cost billions of dollars to implement these new standards in prisons/jails. Reportedly, Cal/OSHA decided to exclude prisons and jails to salvage the new heat standards. The agency then stated that it may develop a separate set of standards for prisons and jails in the future.
Liability for heat-related injuries in prisons and jails – who is liable for heat-related injuries in jails/prisons? No matter whether staff or inmates are injured, the agency that operates the facility (such as the California Department of Corrections and Rehabilitation) can be liable for all resulting harm. Even though prisons and jails are to be excluded from the new heat standards, the state agency could still be liable. As employers, the agency has a duty to ensure that their workers are safe. With inmates, the agency has a duty to address any risks or dangerous conditions that could harm inmates. If you or a loved one suffered heat-related illness in a jail or prison, it is important that you seek legal assistance as soon as possible. You could have the right to sue for the harm suffered.
Do I Have the Right to File a Lawsuit for Heat-Related Injuries?
Yes, you could have the right to file a lawsuit. Based on the circumstances, you could pursue a personal injury claim or a wrongful death claim. If the injury occurred because the workplace was overheating, high temperature in the warehouse, employees forced to work in too much heat, or the employer refused to fix the AC, victims could pursue lawsuits.
My workplace refused to fix their AC. Can I Sue? Yes, you could have the right to sue based on the new heat standards, as refusing to fix the air conditioning will likely be considered a violation of the standards. You could sue for this violation and for any injuries that occur as a result.
Can I participate in a class action lawsuit against my employer? Yes, if others also suffered heat-related injuries due to high temperatures in the workplace, all affected employees can come together and file a class action claim.
For more information about the legal options available to you, contact us at your earliest convenience. Our team is ready to guide you every step of the way.
What Compensation is Available for Recovery?
Some of the categories of compensation available for recovery include the following:
- Medical costs
- Lost wages
- Pain and suffering
- Funeral/burial costs
- Loss of consortium
- Legal costs
Our legal team is fully committed to fighting for the rights of victims of heat-related injuries and getting them the highest recovery available for their claims. We believe in holding negligent employers and establishments accountable and helping claimants secure the maximum payout available. Whether our lawyers have to negotiate a settlement or take your claim to trial to reach a verdict, you can be certain that our team will do everything possible reach the best outcome.
How much is my heat-related injury claim worth? This is a difficult question to answer, as every case is different. Based on the details surrounding these claims, claimants could be eligible to recover anywhere from $50,000 to $1.5 million – and sometimes even more. For an actual estimate of the value of your claim, contact us today for a free case evaluation.
Contact the Normandie Law Firm Today
With the new heat standards, employers will have the responsibility to make changes to ensure that their workplaces are not getting too hot that there is a risk to employees. Soon, we may be seeing similar heat standards that apply to prisons and jails. If you or a member of your family suffered heat-related illness, it is important that you seek legal assistance as soon as possible to learn more about the legal options available to you. Our team here at the Normandie Law Firm is ready to explore the legal options available to you and guide you every step of the way.
Free Case Evaluations: our team offers free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to start or even continue your claim if you have already started the legal process elsewhere. To schedule a free case evaluation, contact us today.
Zero-Fee Guarantee: our team will never have to worry about paying any upfront legal fees for any of our legal services. Additionally, our team works on contingency, meaning that our clients will not be responsible for paying any legal fees if they do not win.
Our heat injury lawsuit lawyers are ready to help you pursue your claim.
