With Florida’s average temperatures rising yearly, you are vulnerable to hot summer weather. Extreme heat can cause dangerous conditions that lead to injury and illness. Conditions can range from minor heat exhaustion to life-threatening heat stroke. Heat can also worsen existing chronic illnesses.
If you are an outdoor worker in Florida, it is important to know your heat protection rights. Working in extreme heat can trigger or worsen severe health conditions that can cause long-term financial losses and physical damage.
No specific state laws
While other states may mandate heat breaks, fresh water and shade above specific temperatures, Florida has no similar laws. There are currently no state or local laws outlining heat illness prevention for outdoor workers. In fact, Florida law (HB 433) prevents local governments from passing their own heat-exposure laws.
Workers in the construction, agriculture, and delivery sectors face vulnerability because of the nature of their job. The legal debate is still ongoing over whether Florida should consider dedicated laws on heat protections. As a worker, you need to rely on federal standards and workers’ protections for heat-related issues.
OSHA protections
Florida employers must still follow the Occupational Safety and Health Administration (OSHA) General Duty Clause. It compels employers to provide workers with a workplace free of serious hazards. This includes protection from extreme temperatures by implementing specific measures.
Federal OSHA uses its General Duty Clause to address dangerous heat conditions, even though it does not currently have a specific federal heat standard. Employers can meet this duty by providing drinkable water, short breaks and training to recognize heat exhaustion.
Florida workers’ comp
If you sustain a heat-related illness while on the job, you can become eligible for workers’ comp benefits. You must notify your employer within 30 days of discovering the injury. An employer can provide you with a list of authorized medical providers.
Your employer’s insurance carrier will provide coverage for a portion of lost wages and necessary medical expenses. Florida’s workers’ compensation law requires companies to provide no-fault insurance for work-related injuries.
Addressing denied claims
An insurance carrier may deny a heat injury claim. They may dispute the relationship between the injury and the work conditions. Carriers will look at pre-existing conditions or unrelated lifestyle choices as causes.
If the insurance carrier denies your workers’ compensation claim, you must act fast. You can formally dispute a denial by filing a Petition for Benefits (PFB) with the Florida Office of Judges of Compensation Claims (OJCC). The office reviews and resolves issues with workers’ compensation claim disputes.
Documenting medical treatments, tracing sources and compiling evidence can help you challenge your denial. You may want to consider hiring a legal professional if you decide to contest a denied claim. Navigating this process requires knowledge of legal steps and strict rules.