You can’t sue just because you’re uncomfortable. In order to successfully sue a business or employer you would need to prove damages relating to negligence, a breach of contract or a violation of state or federal law.

You can file a workers’ compensation claim for heat stroke or any other injuries caused by inadequate temperature control.

As countless social media influencers have proven, Arizona is hot enough that one can fry an egg on the side of the road. Imagine what that heat can do to your body after hours or even years of prolonged exposure.

Your employer is responsible for maintaining a safe work environment, which includes a safe temperature. If your employer fails to provide a safe workplace, they are violating OSHA standards and may be subject to fines.

People working in Phoenix may succumb to heat stroke at work even if their employers aren’t violating OSHA regulations. Workers made ill or injured by high temperatures while on the job are likely entitled to workers’ comp benefits.

What Is OSHA?

Occupational Safety and Health Administration (OSHA) standards refer to the rules employers must follow to protect their employees from hazards in the workplace. OSHA protects your health and safety as a worker.

Is Air Conditioning a Requirement for Businesses in Phoenix?

There is a difference between needs and luxuries. Since it may be physically possible to work in a hot environment, you might think air conditioning is a luxury, but it may not be in every circumstance. If air conditioning is a necessity in order to safely perform your assigned job duties, it’s not optional.

Common Illnesses and Ailments Caused by the Heat

Heat Exhaustion

While heat stroke and heat exhaustion may sound synonymous, there is a difference. Heat exhaustion is essentially the precursor condition. The human body needs its water and salt, and excessive heat without adequate hydration can lead to dangerous drops in both.

You should become concerned if you or someone you’re working with begins to experience:

• A headache
• Dizziness
• Nausea
• Extreme thirst

Getting out of the heat or sun and drinking water, sodium-heavy sports drinks like Gatorade and taking salt tablets may provide rapid relief.

Heat Stroke

Businesses have a moral and legal imperative to prevent heat stroke in the workplace. Workers who succumb to heat stroke can suffer life-altering injuries, up to and including death. Severe heat stroke symptoms include things like seizures and permanent kidney and brain damage, which may be irreversible.

How Do I File a Workers’ Compensation Claim?

There are certain steps you must follow when filing a workers’ compensation claim in Arizona.

One of the very first things you should do is report your illness or ailment to your employer and their workers’ comp insurance provider. Your employer must provide you with the necessary information for their workers’ compensation insurance. In some cases, this may include a list of doctors who can treat you. (If your employer is privately insured, you can likely choose your own doctor.)

See a doctor as soon as possible. Your claim will be primarily based on your diagnosis and treatment recommendations. Not only will a doctor help ensure your recovery, but their report will serve as evidence of your illness/ailment’s legitimacy, which will increase the likelihood of your workers’ compensation benefits being approved.

Worker’s and Physician’s Report of Injury Form

You can download the Worker’s and Physician’s Report of Injury form here and fill out the first (Worker’s Report) section to bring with you to your doctor’s appointment. You may also get the form from your doctor, who will need to fill out the second (Physician’s Initial Report) section of this form.

Make sure your doctor mails the form to the Industrial Commission of Arizona (ICA) within eight days of providing treatment. Remember to send copies to your employer and your employer’s workers’ compensation insurance carrier.

Worker’s Report of Injury Form

When filling out the Worker’s Report of Injury form, you will need to answer some general questions about your injury. Make sure to complete and mail this form to the Industrial Commission of Arizona, your employer and your employer’s workers’ compensation insurance carrier within a year of the incident.

You should ideally be doing this as soon as possible. Waiting nearly a year before pursuing a workers’ comp claim may appear suspicious unless there are legitimate reasons you couldn’t start the process earlier. Taking fast action after a workplace injury also gives you more time to gather evidence and, if necessary, gives your legal team more time to investigate and build your case.

Getting Your Benefits

Your claim will either be approved or denied. If your benefits are denied, you can file an appeal. At PHX Elite Lawyers, we’ve found some of the best personal injury lawyers in the Phoenix area who will fight for your benefits.