Are Employers Liable for Heat Stroke?

Louisiana’s scorching summers can be unforgiving, especially for those working outdoors. With temperatures often soaring over 90°F and oppressive humidity levels, outdoor workers face a major risk of heat-related illnesses, particularly heat stroke.

Heat stroke, a potentially life-threatening condition, occurs when the body can’t regulate its temperature, leading to a rapid rise in core body temperature. Symptoms include confusion, slurred speech, hot dry skin, seizures, and loss of consciousness.

If this serious illness happens on the job, who’s liable for the damages? Read on to learn when an employer might be liable for heat stroke suffered by an employee and how our Louisiana workers’ compensation lawyers from Dudley DeBosier can help you file a claim for financial support.

Employer Liability: When Can They Be Held Responsible?

Employers have a duty to provide a safe working environment for their employees. This includes taking measures to protect workers from extreme heat. An employer may be liable for heatstroke under two types of claims: workers’ compensation and personal injury.

Type of Claim	Eligibility	What to Prove	Potential Benefits
Workers’ Compensation	Must occur in the course of employment and be caused by working conditions.	Prove that the illness was job-related and not due to personal factors.	Covers medical expenses, partial lost wages, and rehabilitation costs. Employees cannot sue for additional damages.
Personal Injury Claim	Employee must prove employer negligence and in most cases, be ineligible for workers’ compensation.	Show failure to implement safety measures like water breaks or shaded rest areas.	Allows for compensation including pain and suffering, potentially higher than workers’ compensation.

Heat Protection Laws in Louisiana: What’s on the Books?

Louisiana does not have specific state-wide heat protection laws for outdoor workers. However, Louisiana relies on Occupational Safety and Health Administration (OSHA) requirements and guidelines, taking a strict stance on worker safety.

The state follows the General Duty Clause of the OSH Act, which requires employers to provide their workers with a workplace free from recognized hazards likely to cause death or serious physical harm. This includes protection from extreme heat.

Preventing Heat Stroke: Essential Safety Measures

Employers and workers should implement several safety measures to prevent heatstroke in the workplace. Here are some tips to reduce the risk of heat-related illnesses:

• Regular Water Breaks: One of the most effective ways to prevent heatstroke is to ensure workers stay hydrated. Employers should provide ample water and encourage workers to take regular water breaks, ideally every 15-20 minutes.

• Shaded Rest Areas: Creating shaded or air-conditioned rest areas can help workers cool down and recover from the heat. These areas should be easily accessible and used frequently during breaks.

• Appropriate Clothing: Workers should wear lightweight, loose-fitting, and light-colored clothing to help stay cool. Employers might also consider providing hats and cooling vests to further reduce heat stress.

• Acclimatization: New workers or those returning from a break should gradually acclimate to the heat over days or weeks. This process helps their bodies adjust and reduces the risk of heat-related illnesses.

• Training and Education: Employers should train workers to recognize the symptoms of heatstroke and understand the importance of taking preventive measures. This training can include how to respond in an emergency, such as calling for medical help and administering first aid.

Seek Legal Assistance from Dudley DeBosier

Heat-related illnesses can have serious consequences for workers. If you’ve suffered from heat stroke or other heat-related issues on the job, understanding your rights is crucial.

At Dudley DeBosier, our Louisiana workers’ compensation lawyers can guide you through the claims process and help you receive fair compensation. Contact our legal team today for a free case review.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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