Know Your Legal Rights: Heat Illness Injuries and Fatalities in Construction

Construction employers have a legal duty to provide a safe workplace under both federal OSHA regulations and state workplace safety laws. This duty includes taking reasonable steps to prevent heat illness by providing water, shade, rest breaks, training, and emergency response plans.

If your employer fails in these duties and you suffer a heat illness injury, you may be entitled to:

Workers’ Compensation Benefits: These benefits typically cover medical treatment costs, rehabilitation expenses, and a portion of lost wages. You generally cannot sue your employer outside of workers’ compensation, but benefits should adequately cover your injury-related losses.
Third-Party Claims: Sometimes, a heat illness injury might be caused by a subcontractor, equipment manufacturer, or property owner’s negligence. In these cases, you may have grounds to pursue a personal injury lawsuit against those parties to recover additional damages.

What If a Worker Dies From Heat Illness on the Job?

A fatal heat illness accident deeply affects families. Surviving dependents may have the right to file a workers’ compensation death benefit claim, which provides financial support for funeral expenses, loss of income, and other damages.

Additionally, if employer negligence or violation of safety regulations contributed to the death, families might pursue a wrongful death lawsuit to seek further compensation for their loss and suffering.

Why Do You Need a Construction Accident Lawyer?

Heat illness cases can be complicated. Employers and insurance companies may dispute claims or downplay the cause of injury or death to avoid liability.

A construction accident lawyer can help by:

Investigating the circumstances that led to the heat illness injury or death;
Gathering vital evidence such as safety records, training logs, and eyewitness accounts;
Navigating the workers’ compensation system and any related lawsuits;
Fighting to maximize your compensation for medical bills, lost income, pain and suffering, and other damages;
Providing support and guidance through the legal process so you can focus on recovery or grieving.

Taking Action: What You Should Do If You or a Loved One Is Affected

Report heat illness symptoms immediately to a supervisor and seek medical attention.
Document all communications with your employer related to heat illness prevention and injuries.
Contact a dedicated construction accident lawyer as soon as possible to protect your rights.

Final Thoughts

Heat illness and heat stroke are preventable dangers, but when employers neglect their safety responsibilities, workers and families deserve justice and compensation. Understanding your legal rights is the first step toward that goal.

If you or a loved one has been injured or died due to heat illness on a construction site, contact our experienced construction accident lawyers for a free consultation at 212-943-1090 or fill a form on our website. We are committed to fighting for your rights and helping you get the compensation you deserve.