Holding Maryland Employers Liable For Heat Stroke
Certain occupations, such as construction, require a lot of time outdoors. In summer., high temperatures can create additional hazards for these employees. Heat stroke and dehydration can pose significant health risks and should be taken seriously when symptoms present. While many times people may try to drink more water when they notice themselves starting to feel light-headed, drinking water is unlikely to stop the progression of heat stroke. This is because, as the name implies, heat stroke is caused by heat. For this reason, the only thing likely to help alleviate symptoms is reducing body temperature. This can be achieved by removing the employee from the high-temperature situation and by using ice packs to reduce body temperature. However, it’s important to understand that heat stroke is a serious condition. If left untreated, or if severe, heat stroke can result in heart attack and even death. Symptoms of heat stroke should always be taken seriously and given medical attention.
Workers Compensation for Heat Stroke
If you develop heat stroke as a result of performing your job then you qualify for workers’ compensation benefits. Workers’ compensation provides medical care for work related injuries, illnesses, and conditions, as well as partial or complete wages for time not worked as a result of the injury. For heat stroke, workers’ compensation claims may cover hospitalization or medical treatment as well as any time off of work required to recover. It should be noted that in certain circumstances, workers’ compensation adjusters may deny workers’ compensation claims for heat stroke due to preexisting conditions. It is a commonly used excuse by workers’ compensation insurance companies that if an employee has a condition that increases their odds of developing heat stroke, such as obesity or certain cardiac conditions, that they do not qualify for coverage. However, this is not accurate. Pre-existing conditions do not negate your eligibility for coverage. After all, the pre-existing conditions did not affect your ability to complete your job duties prior to the onset of heatstroke, which occurred as a direct result of performing your job. For this reason, your employer is liable for heat stroke and you are legally entitled to workers’ compensation benefits should you experience it.
How a Lawyer Can Help
If you are denied benefits that you are legitimately entitled to, a Maryland workers’ compensation attorney can help you get the benefits that you are entitled to. Workers’ compensation adjusters and your employer may have conflicting interests when it comes to providing you with coverage for your condition. For instance, workers’ compensation insurance adjusters have a vested interest in limiting the number of claims that they pay out as much as possible. Likewise, employers risk higher premiums for each accident and illness that they report. Therefore, you can face a lot of obstacles just in trying to file a claim. A workers’ compensation attorney can help you navigate this process and level the playing field between you, your employer, and the workers’ compensation insurance company. This ensures that your rights will be protected and that you will get the benefits and compensation that you are entitled to by law.
Talk to a Maryland Workers’ Compensation Attorney
If you have suffered a workplace injury, contact the experienced Maryland workers’ compensation attorneys at Berman, Sobin, Gross, Feldman & Darby, LLP to schedule a free consultation and find out how we can help you get the workers’ compensation benefits that you are entitled to.