Summer heat in California has become more than just uncomfortable – it can be dangerous. In recent years, the state has endured long, intense heat waves that have pushed temperatures to historic highs. These conditions are particularly hazardous for individuals who work outdoors or in hot indoor spaces.
Employees in agriculture, construction, landscaping, delivery services, and even warehouse operations are among those most vulnerable. Prolonged exposure to high temperatures can lead to heat exhaustion, heat stroke, and other serious medical conditions. The problem is that, although the dangers were recognized, not much has changed (yet).
Employees who suffered heat-related illnesses still encounter roadblocks, realizing their rights only with the extensive help of workers’ compensation attorneys in San Bernardino. Let’s dive in and explore what those rights are.
Extreme Heat: A growing workplace hazard in California
In 2024, California lawmakers introduced Senate Bill 1299 (SB 1299), aiming to make it easier for farmworkers suffering from heat-related illnesses to receive workers’ compensation by creating a “rebuttable presumption” – meaning such illnesses would be presumed work-related unless proven otherwise by the employer.
Although the measure passed the legislature, the governor ultimately vetoed the bill, leaving the existing rules unchanged. Even without SB 1299, California law still offers meaningful protections for workers who become ill from excessive heat on the job.
Employer responsibilities under Cal/OSHA Heat Safety Standards
California is one of the few states with comprehensive heat illness prevention regulations, enforced by the state’s Division of Occupational Safety and Health (Cal/OSHA). These standards apply to all outdoor job sites and to indoor settings where heat poses a known hazard. Employers must:
- Ensure adequate drinking water: Each worker should have access to at least one quart per hour for the entire shift.
- Provide shade: When temperatures exceed 80°F, shaded rest areas must be available.
- Allow cool-down breaks: Employees feeling overheated must be given at least five minutes in the shade to recover.
- Maintain a written prevention plan: A site-specific policy must explain how heat-related illnesses will be prevented, identified, and treated.
- Train staff and supervisors: Education should cover the signs and symptoms of heat illness, prevention strategies, and proper emergency response.
Failure to follow these requirements can lead to Cal/OSHA citations, fines, and potential exposure to liability through workers’ compensation claims.
Workers’ Compensation benefits for heat-related illness
California’s no-fault workers’ compensation system is designed to protect employees injured or made ill by their work. If a worker suffers a heat-related illness on the job, they may be entitled to:
- Medical treatment with no cost to the employee
- Temporary disability benefits to replace lost wages during recovery
- Permanent disability payments if there is lasting impairment
- Supplemental job displacement benefits for retraining when returning to the same job is not possible
For instance, a warehouse employee who collapses from heat stress while working in an unventilated facility, or a farmworker who suffers heat stroke during a 100°F harvest, can typically file for benefits under the system.
Proving your illness is work-related
Without the legal presumption proposed in SB 1299, employees must show that their condition is connected to workplace conditions. This can be challenging if:
- The worker had an unrelated health problem, like heart disease or dehydration from illness
- Symptoms developed after leaving work
- The employer disputes that heat on the job was the primary cause
Key evidence in these cases can include medical records, workplace temperature logs, eyewitness statements, and expert testimony linking the illness to job duties.
Why does it pay to have experienced workers’ compensation attorneys in San Bernardino?
While heat illness claims may seem straightforward, they can quickly become complicated if an insurance carrier disputes the connection to work or downplays the severity of the condition. Specialists from California Workers Compensation Lawyers, APC can:
- Gather and present persuasive medical and environmental evidence
- Make sure claims are filed accurately and within the required time limits
- Represent the worker in hearings or appeals if benefits are denied
- Negotiate for full compensation, including long-term disability payments if needed
In addition, our long-time expertise enables us to assist you with other facets of CA Work Comp law, whether you’re navigating the unique challenges of remote work injuries, understanding the expanded presumptions for first responders and essential workers, or addressing the complex issues surrounding workplace violence and workers’ compensation.
Whether you’re in San Bernardino, Riverside, or any other part of Southern California, we’re here to ensure you stay informed, protected, and fully supported. Reach out to us today!
