NJ Workers Entitled to Compensation for Heat-Related Injuries

Know the Dangers of Extreme Heat for Workers and Your Eligibility for Compensation for Heat-Related Injuries on the Job

As sweltering temperatures and high humidity send the heat index skyrocketing, those who work outdoors in New Jersey are really feeling the heat. According to the National Weather Service, as of July 8^th, Newark has had two five-day heat waves, with temperatures above 90 degrees for the first time in five years, and has had an additional 6 hot days throughout June and early July.  Temperatures have averaged several degrees higher than usual in Atlantic City, Trenton, and most of the state.  Fortunately, New Jersey employees exposed to the elements may be able to pursue workers’ compensation if they fall ill or experience an injury due to extreme temperatures or exposure to high heat.  It is essential to know your rights to workers’ compensation if you suffer heatstroke or another heat-related illness or injury in the scope of your employment in New Jersey.

How Certain Professions Are Prone to Heat-Related Health Problems

Specific fields and industries expose workers to the elements, creating a higher risk for heat-related calamities.  Road and building construction workers, landscapers, roofers, letter and package deliverers, police officers, lifeguards, agricultural workers, and others who face the heat and humidity of New Jersey weather throughout their workday are susceptible to heat-related illness and even, in the most severe cases, death.

According to the Bureau of Labor Statistics, nearly 500 workers have died from heat exposure and its related complications in the past decade, and up to 170,000 workers experience heat-related illness every year. In a 2023 study, agricultural workers were shown to be 35 times more likely to fall victim to heat-related illness than the remaining U.S. workforce.

Heat-Related Injuries that can Occur Due to Overexposure to the Sun or High Temperatures

• Sun Poisoning: Many believe getting sunburned has little consequence, causing minor discomfort for a few days. Sun poisoning is an illness caused by extreme sunburn and can be experienced when skin is overexposed to the sun.  Sun poisoning symptoms include redness, blistering, severe pain in the affected areas, skin sensitivity to additional exposure to sunlight, and flu-like symptoms such as fever, chills, nausea, and vomiting.  Sun poisoning can occur anywhere from three hours to a few days of exposure.
• Heat Rash: Excessive sweating can result in heat rash.  When sweat lingers on clothes or the skin, it can block sweat glands and create a rash of little red bumps.  Heat rash usually occurs on the neck, elbow creases, under breasts, belly, or groin.  It can be treated topically but could become infected if the areas develop ulcers.
• Heat Cramps: These are another heat-related illness.  Frequently, they are a sign of heat exhaustion or heatstroke.  They happen more often with jobs that require physical exertion.  Dehydration can lower potassium and body salt levels, which limit the body’s ability to regulate fluids and electrolytes, causing the muscles to seize up in painful cramps.
• Heat Exhaustion and Heatstroke: Both are caused by overexposure to hot conditions. Heat exhaustion produces heavy sweating, dizziness, a weak, fast pulse, cold skin, nausea, vomiting, and excessive thirst.  Heat stroke is a life-threatening condition that can cause permanent damage to vital organs such as the kidneys and liver, as well as the brain.  Its symptoms include a body temperature of more than 104°F, delirium, confusion, loss of coordination, seizures, slurred speech, loss of consciousness, and rapid, shallow breathing or irregular heartbeat.

Precautions and Recommendations to Prevent Heat-Related Illnesses for Outdoor Workers

Outdoor workers should wear loose, breathable clothing and appropriate headgear, sunscreen, and eye protection.  Staying hydrated is a valuable practice, and recognizing the early signs of heat-related to take action before a heat-related issue can arise.  Some medications may react adversely to the heat and cause an onset of symptoms without warning.  Workers should ask their physician about any adverse effects.  Also, most heat-related incidents occur among workers new to the job, so they should take special care.

Seeking Compensation for Illnesses Caused by Heat Exposure and Work-Related Factors in NJ

Employees who fall ill on the job are entitled to file a workers’ compensation claim through their employer’s insurance.  Medical benefits pay for necessary medical care and medications.  Temporary disability benefits begin after at least seven days of work are missed.  Benefits provide some economic relief from lost wages due to missed work or wage changes from light-duty or part-time work.  Permanent disability assistance is available for severe injuries and restrictions on the ability to work at all.  Death benefits for dependents of a worker who succumbed to a heat-related illness while on the job provide financial payments and contributions toward funeral expenses.

Initial Steps Involved to File a Workers’ Compensation Claim for Heat-Related Injuries

Understanding the workers’ compensation process and following it carefully is crucial to receive the benefits you are entitled to.  First, the injury must be reported to the employer.  It is recommended that the notification process be done in writing, but it can also be done orally.  The injury must be reported within 90 days of its occurrence.  The employer will provide a choice of doctors under their insurance coverage for the employee’s medical treatment and will submit a claim to their workers’ compensation insurance company for you to begin receiving benefits.

Let Chamlin, Uliano & Walsh Guide You to Workers’ Compensation Success in Your Heat-Related Injury Case in Southern New Jersey

Our experienced workers’ compensation lawyers at Chamlin, Uliano & Walsh can help make sure your claim is approved by providing detailed information about working conditions, medical results, and other pertinent facts. Our team can organize your claim and gather all of the evidence needed for the insurance company’s investigation to prove the amount of benefits you are entitled to and whether they should be temporary or permanent.  Proving the need for benefits on your own can be an uphill battle, so it is smart to rely on our experienced attorneys to advocate on your behalf. If your claim is denied, we can also build a case for your appeal. We can interview fellow employees, gather medical records, negotiate directly with the insurance company, or litigate on your behalf.

Our team has successfully represented numerous workers’ compensation clients in Colts Neck, Holmdel, Manasquan, Red Bank, Long Branch, Middletown, Wall, and elsewhere in Monmouth County and Ocean County, helping them to obtain the benefits they deserve.  It can be stressful to miss work while you are attempting to heal after a heat-related illness.  You worry about medical costs and lost wages that could affect your ability to keep your head economically above water.  We have the tools and resources you need to access the benefits you are entitled to. Contact us today if you have questions about how we can best serve you.  Call 732-440-3950 or complete this form to schedule a consultation.