At our morning meeting, my boss went over heat stroke/exhaustion. In his notes he had written down that work comp does not cover heat stroke or exhaustion. Is this true? Work and live in Iowa.
Work comp question
- Thread starter cmjh10
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- Mar 27, 2006
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Curious what his justification for that might be. Quick Google suggests that it very much can be covered by workers comp. Probably depends on additional factors, but I wouldn't think a blanket statement of "worker's comp doesn't cover heat stroke/exhaustion" is accurate.
If it occurs while you're on the clock and in the course of performing your work, I'm not sure how they could deny it.
Having worked an outdoor job and having managed hourly seasonal personnel, I'm curious to hear more context and have a legal expert chime in. These subjects were often taboo at work and responsibility put on the worker to stay hydrated. But a lot has changed in the last 20 or so years, just not necessarily in Iowa.
Seems like some ****** boss bs, but sometimes Iowa just surprises you.
Agree with others that seems odd.
Maybe it means the insurance policy doesn't cover it as a way to motivate employers to allow for water and breaks?
Maybe it means it's considered a "short term" thing since the recovery period is short, and there's no long term payout for workers comp?
Saw a few Iowa based law firms with articles like this.
Are you considered independent contractors? Regardless, take all the breaks you need and if boss gives any ****, tell them you felt light headed.
Can't say that I've ever heard that before. 15+yrs in construction (engineer/PM) and that's a new one. I've also worked in some hot locations (New Orleans, Houston, SoCal).
The only thing I can think of would be that it would have to to the point where you go to the hospital/clinic/actually diagnosed to be eligible for workers comp.
The one thing that makes this tricky is that a lot of outside of work influences play into this. A lot of the guys that we've dealt with at work over the years who were overheated were not helping themselves at home. You know, they guys who go home after 8-10 hrs outside to rehydrate with about 8 bud lights, then have a breakfast consisting of 2 monsters and a couple of zyns.
The only thing I can think of would be that it would have to to the point where you go to the hospital/clinic/actually diagnosed to be eligible for workers comp.
The one thing that makes this tricky is that a lot of outside of work influences play into this. A lot of the guys that we've dealt with at work over the years who were overheated were not helping themselves at home. You know, they guys who go home after 8-10 hrs outside to rehydrate with about 8 bud lights, then have a breakfast consisting of 2 monsters and a couple of zyns.
Sounds like a "you can't discuss your salary with others" and "our ridiculous non-compete is perfectly legal" situation. I'm very doubtful there is an exclusion for that and it sounds like they're trying to convince people to just not ask.
OSHA is moving forward with updating their heat standard. Having been in construction in Iowa and having a coworker go down to heat exhaustion I know for a fact WC covered it. Your boss is talking out his a*s.
This is mostly false. If heat stroke or exhaustion happens on the job and medical treatment is received, it is a work related injury. There is some nuance as personal factors and preexisting conditions may cloud that, but if work exasperated it, it'll most likely be covered. Employers need to have controls in place to help mitigate heat stress as it is an identified hazard. The excuse that we live in Iowa is BS. It a falls under the General Duty Clause for OSHA, and OSHA (federal) is in the final stages of publishing its first heat related illness standard.
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Little more context, I’m a welder for a local trailer manufacturer. I’m pretty sure his statement about heat exhaustion and work comp were based off of notes from a meeting, but maybe not. Building has no AC outside of the office and they do allow for 5-10 minute hydration breaks when it does get hot.
Exactly. WC is tricky like that. With a WC payout they are going to be looking into diet and hydration and what the sufferer did on their own time that could have contributed. It gets messy.
If it's a somewhat "minor" case of heat stroke, you may be back to work in less than 3 days (the worker's comp mandated waiting period) so that could be what he's referring to.
It’s always interesting seeing different policies at different places of employment. An hour ago our plant announced the heat stress level is Red, which means 15 min of work and 45 min of rest for anyone doing work outside. No work if additional PPE is required for the task.
Ass hole boss. Some people sweat faster than they can put it back in their body (that's me). Once you get there you can't keep it down and continually vomit. It's the same old **** on construction. Everyone just trying to mitigate liability. No one gives a flying **** about other human beings anymore.
That's heat exhaustion. No such thing as minor case of heat stroke. You can die from it.
I wonder if there's some weird loophole where they provide cold water or something and then it's your fault you didn't hydrate.
Sounds like an ass hole boss though
Sounds like an ass hole boss though
