Will Florida Workers’ Compensation Cover Heat-Related Injuries?
Earlier this year, Florida’s legislature passed a law that bars any local government – cities or counties – from instituting heat protections for workers that go beyond those required by state or federal law. Given that Florida currently has no state-level protections, workers must rely on federal guidance to require they be shielded from record-breaking temperatures – but it begs the question of whether or not heat-related injuries will be covered under the state’s workers’ compensation regulations. While every case is different, it is important to understand the nature of the law in question.
Higher Accident Percentage In The Heat
Despite big business interests promoting the new law, the specter of their workforce sustaining heat injuries should concern them. Heat can have a notable impact on productivity and the degree of care workers are able to take. The Workers’ Compensation Research Institute (WCRI) released a study in May 2024 that showed a 5 to 6 percent increase in workplace accidents when the maximum daily temperature on a worksite is over 90 degrees, and given the rise in 90-degree days in the last two decades, this may pose a significant issue in the future.
It may also have an effect on workers’ compensation claims and payouts. In Florida, an employee may be eligible to receive workers’ compensation benefits if they (1) report the injury to their employer within 30 days of its occurrence; and (2) are able to establish that the injury occurred as a direct result of their employment and its requirements. Heat-related injuries often manifest fairly quickly, and many will clearly fall under the state’s definitions of “occupational disease” or “compensable injury” with very little legwork required. Heatstroke is probably the most well known and the most objectively dangerous of the heat-related conditions.
No Real Federal Regulations
While seeking workers’ compensation benefits can be an important priority for an injured person and their family, it is crucial for them to seek medical care as quickly as possible, even if they have to pay up front. Of course, stabilizing the employee’s condition is paramount – but also, medical records and testimony are crucial to establish the nature of the injury and its time of infliction. In other words, presenting medical records is the simplest way to establish the time and date of an injury, precluding any argument from a boss or insurer that it was a preexisting condition.
Given the state of Florida’s current lack of heat-based protections, it is also relevant to keep in mind that while the federal Occupational Health & Safety Administration (OSHA) does have guidance for heat protection, it does not have the force of law. An employer may opt to give no heat protection at all, claiming the law does not require them to – but Florida law does require an employer to provide a safe working environment. The right attorney on your side can help nail down exactly what that phrase means in this specific context.
Call An Orlando Workers’ Compensation Attorney
Heat-related injuries are no joke – but Florida’s legislature has seen fit to prioritize business interests over those of their workers. If you have questions or concerns about seeking compensation, an Orlando workers’ compensation attorney from the Hornsby Law Group is ready and willing to try and assist you with your case. Call our office today to schedule a free consultation.
Source:
flsenate.gov/Session/Bill/2024/433
