Checklist: Steps To Take After a Heat-Related Illness
- Report your illness to your employer and ask them to file a workers’ comp claim.
- Get medical care (your employer’s workers’ comp insurance provider may arrange this for you).
- Collect evidence such as medical records, incident reports, employer policies, and weather details.
- File a personal injury claim if someone other than your employer contributed to your illness, such as a subcontractor or property owner.
- Speak with an attorney who can help you with all the above.
With an average temperature of 72.9°F in 2024, Florida is the hottest state in the United States by some margin. While the year-round sunshine is great for some, it’s often a massive challenge for those who spend hours doing physical labor outdoors.
Heat-related illnesses such as heat stroke and dehydration are no joke. Construction workers, landscapers, and even delivery drivers are all at risk, especially when it’s humid.
If you get sick from the heat while working, you may be able to file a workers’ comp claim through your employer’s insurance provider. This can help cover medical bills, lost wages, and other expenses. You may also be entitled to benefits while you recover.
However, this isn’t the only option available.
In some circumstances, filing a third-party claim can also be possible if someone other than your employer contributed to a dangerous situation in the heat.
This might all sound confusing or stressful, but don’t worry. Long & Jean, P.A. (LJ Legal) explains the differences between third-party claims and heat illness workers’ comp in Florida.
When Workers’ Comp Applies
If you get sick from a heat-related illness while working, you typically go through workers’ comp first. It applies when you suffer an injury or illness at work.
This is the usual process:
- You report your illness to your employer and tell them you want to file workers’ comp (we recommend doing this as quickly as possible)
- Your employer notifies their workers’ comp insurance provider
- You receive medical treatment, usually through a doctor authorized by the provider
- The insurance provider reviews your claim and determines what you may be entitled to
Workers’ comp can cover a wide range of benefits, such as:
- Medical treatment
- Lost wages
- Temporary or permanent disability benefits
When filing workers’ comp, you don’t have to prove fault. This makes it different from a personal injury claim, which we cover below. The only rule is that your illness or injury has to be work-related.
Here’s an example:
A construction worker spends hours on a job site in South Florida during extreme heat. After feeling disoriented, they collapse due to severe dehydration. Even if their employer didn’t follow safety rules, the worker can still apply for workers’ comp for their dehydration work injury in Florida.
Proving Heat Illness Workers’ Comp in Florida
Although you don’t have to show fault in a workers’ comp claim, you’ll still need to prove that your illness was related to your job.
Evidence can include:
- medical records,
- incident reports,
- and co-worker statements that verify what happened.
You’ll also want to act quickly. Florida has deadlines for workers’ comp claims, known as statutes of limitations. In most cases, you only have 2 years from the date you got sick to file.
This is where an experienced attorney like LJ Legal comes in. We can file a workers’ comp claim on time on your behalf and help you seek everything you may be entitled to under Florida law.
When a Third Party May Also Be Responsible
In some cases, a party other than your employer may have created or contributed to unsafe working conditions that led to your heat-related illness. That third party could be a property owner, subcontractor, or equipment owner.
Here are some examples:
- You were working on a property, but the owner didn’t provide access to shade or water.
- You were working in a vehicle belonging to another company that didn’t have enough ventilation.
- You were wearing clothing from a provider that restricted your ability to stay cool in hot weather.
- You were using equipment that malfunctioned, leaving you exposed to the heat (this could fall under product liability law).
In situations like this, you may be able to file a personal injury claim against the third party.
In Florida, you can pursue compensation for an illness or injury if another person is negligent. This means they failed to take reasonable care, and that failure led to harm.
Let’s use one of the examples above. Say you were working on a property that had no access to shade or water. As a result, you suffer heat exhaustion, end up in the hospital, and receive expensive medical bills. You could file a personal injury claim against the property owner and seek damages for your losses.
In Florida, you have 2 years from the date of the incident (the day you got sick) to file a personal injury claim.
Proving a Heat Illness Personal Injury Claim in Florida
With a personal injury claim, you have to prove that the third party who caused your heat illness acted negligently. This means you’ll typically need stronger evidence than what’s required for workers’ comp. You may want to speak with an attorney about what proof can strengthen your claim and increase your chances of getting compensation.
Once you collect evidence, the responsible party’s insurance company will review it and make a final determination about damages. However, in our experience, many insurers try to delay or deny compensation by saying victims like you are responsible for what happened. That’s why you need a reputable outdoor work injury lawyer in Florida on your side who can negotiate with them on your behalf.
Evidence to Document a Heat-Related Illness
Here are some pieces of evidence that may help you prove your heat illness to your employer’s or a third party’s insurance company:
Medical Records
Notes from your doctor about your symptoms and diagnosis can prove that working in the heat caused or contributed to your illness. However, prompt medical evaluation is really important. If you delay things, insurers may question whether your condition was really work-related and claim that something else caused it.
Incident Reports
An incident report is a written record from your employer that details what happened when you got sick. It usually includes the date and time you were working, what you were doing, and when your symptoms started. This is an important document because it shows that your illness occurred at work, not elsewhere.
Employer Policies
You’ll want to obtain your employer’s official policies about working outside in hot conditions. They may include rules on rest periods, water breaks, and how long you should spend outdoors at a time. If your employer didn’t follow these rules, it might support your claim.
Training Logs
These documents show whether you received training about working in the heat. For example, you may have received training on recognizing the signs of dehydration and on who to report to if you feel sick.
Weather Details
Showing the temperature, heat index, and other weather conditions at the time you got sick can also support your claim.
Common Pitfalls to Avoid
After a heat-related illness, small mistakes may affect your ability to get benefits or compensation:
Not Reporting Your Illness Quickly Enough
In Florida, you have 30 days to report your heat-related illness to your employer to qualify for workers’ comp. However, we recommend telling them much sooner than that. The sooner you act, the sooner you may receive benefits such as lost wages.
Not Keeping Documents
Losing medical records, incident reports, and other documents can make it harder to prove that your illness is work-related. We suggest storing all digital evidence in the cloud so you can access it quickly from any device.
Not Getting Legal Guidance
You might not think you need an attorney for a workers’ comp or personal injury claim, but the right one can make the process so much easier. Here at LJ Legal, we’ll protect your rights and guide you on the next steps while you focus on healing. We’re also prepared to take your case to court if necessary.
Frequently Asked Questions
What type of heat illnesses can happen at work?
In Florida, heat-related illnesses are common, especially among those who work outdoors for long periods. They can include dehydration, heat stroke, and heat cramps.
Do I need to prove my employer was at fault when filing workers’ comp for a heat illness?
No, workers’ comp is a no-fault system, so you don’t have to prove liability or negligence. Filing a personal injury claim against a third party who may have contributed to your illness is a little different, so speak with an attorney to learn more.
What damages can I recover in a personal injury claim?
You may be entitled to financial losses (economic damages) like medical bills and lost wages, as well as personal losses (non-economic damages) like emotional trauma. In some cases, the court can award punitive damages if a responsible party was grossly negligent or reckless. It all depends on the circumstances of your third-party claim for a workplace injury in Florida.
Contact LJ Legal
Did you get sick while working outdoors? While heat illness workers’ comp in Florida is the default option in situations like this, you may also be able to file a personal injury claim if a third party was involved. LJ Legal can evaluate all available avenues of recovery, helping you pursue full benefits or compensation after what happened to you. We operate on a contingency fee basis, so you won’t pay any attorney’s fees unless you have a successful outcome.
Call us at (954) 715-2400, or schedule a free case review online.
Remember, Florida has statutes of limitations for both workers’ comp and injury claims, so act quickly. Otherwise, you could leave money on the table.
