Arizona summers are genuinely dangerous, with sustained temperatures well above 100 degrees and stretches surpassing 110. For people who work outdoors or in hot indoor environments, construction workers, landscapers, agricultural and warehouse workers, roofers, and delivery drivers, that heat is a serious occupational hazard that causes illness, permanent injury, and death every year.
A Deadly Occupational Hazard
Heat illness ranges from cramps and exhaustion to life-threatening heat stroke, which can cause organ damage and death within hours.
Employer Responsibilities
Employers have a duty to provide a reasonably safe workplace, and in extreme heat that means access to water, shade or cooling, rest breaks, acclimatization for new workers, and training to recognize the signs of heat illness. When employers push workers through dangerous conditions without these basic protections, the consequences can be catastrophic.
A failure to take reasonable heat-safety measures can be central to an injury or wrongful death claim.
Workers' Comp and Third-Party Claims
A worker who suffers heat illness on the job is generally entitled to workers' compensation benefits regardless of fault, covering medical care and partial wage replacement. But comp does not pay for pain and suffering and often falls short of the true losses, especially in death cases.
Where a party other than the direct employer contributed, a staffing agency, a general contractor controlling a job site, or another company, a third-party claim may allow recovery of full damages beyond workers' comp.
After a Heat-Related Injury or Death
Document the working conditions, temperatures, available water and shade, breaks, and supervision, as best you can, and get immediate medical care. For families who have lost a loved one to on-the-job heat, a compassionate free review can explain both workers' comp death benefits and any third-party or wrongful death claim that may apply.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.