Can You File A Workers’ Compensation Claim For Heat Exhaustion In Florida?
As the weather begins to heat up in Florida, many citizens are getting excited about the return of summer and the hot, pleasant climate. But for many workers who make their living outdoors, the rise in temperatures is anything but welcome. Hot climates aren’t just uncomfortable for those working outside – they can also be incredibly dangerous. Heat exhaustion has injured and even killed many Florida workers in the past. But what can you do if you suffer this type of injury in Tampa? Is it true that you can file a workers’ comp claim?
Employers Are Famous for Violating Heat-Related Safety Protocols
Although heat exhaustion and related injuries are an obvious threat to Florida workers, little has been done by major industries across the state. While California and a few other states have specific laws on the books that require employers to provide a certain level of shade and a constant supply of drinking water, Florida often falls short in this regard. The truth is that many industries are blocking the passing of such laws, arguing that they would interfere with their business interests. Providing breaks, shade, and water will cost businesses money – and they’re not prepared to part with these profits. This is despite the fact that many workers have lost their lives after working for too many hours under the baking Florida sun.
Can You File a Workers’ Comp Claim?
Despite the lack of protection from both state legislators and industries in Florida, workers who suffer heat-related injuries can indeed file workers’ comp claims in many cases. In fact, you can file a worker’s comp claim for virtually any injury at the job site. The only exception is if you were intoxicated in some way during the accident. You should also know that if you are working in an environment where multiple contractors are present, you might be able to file a personal injury lawsuit against a third-party contractor if this party caused your injury in some way.
Finally, you should know that workers’ comp is not available for independent contractors. Also known as “gig workers” or “casual employees,” these individuals do not have the same rights as “real” workers in the United States. That being said, your employer may have misclassified you. Not only is misclassifying workers a violation of labor laws, but it may also open up a pathway towards a workers’ comp claim.
Where Can I Find a Workers’ Comp Attorney in Tampa?
If you’ve been searching for a Tampa workers’ comp attorney, look no further than the Franco Law Firm. Over the years, we have helped numerous injured plaintiffs across the Tampa area – including workers who have suffered serious but less obvious accidents while trying to earn a living. Heat exhaustion is a serious threat for many Florida workers, especially those within the agricultural industry. If you have suffered an injury of any kind and you’re having issues with your workers’ comp claim, don’t hesitate to book a consultation with us at your earliest convenience. With our help, you can strive for the best possible results and gain compensation for your injuries.
Sources:
publicintegrity.org/environment/hidden-epidemics/florida-heat-illness-health-risks-farmworkers-elderly/
nbcnews.com/business/business-news/why-are-workers-u-s-still-dying-heat-exhaustion-n1270417