Working in the heat – workers’ compensation and employee rights in Queensland

Occupations which require employees to work in hot or humid environments can cause serious health risks, and the risk and severity of heat-related illness should not be underestimated. Heat-related illness should be taken seriously by employers as workers who suffer health-related illnesses may be entitled to workers’ compensation benefits as a result of the injury.

Employers could be exposed to breaches of work health and safety laws. A safe system of work should be implemented to manage such safety hazards.

This article will outline why it is important for employers and employees to understand the risks of working in hot and humid environments, ways to minimise the danger of workers suffering a heat-related illness or injury and workers’ compensation rights if they have sustained such an illness or injury at work.

Occupations commonly exposed to heat

Working in hot and humid environments poses significant health and safety risks to workers, which can either be mild, severe or, in some serious cases, stroke or fatality. The risk to workers is not simply related to the temperature; rather, the environment to which a worker is exposed is relevant. While heat-related illnesses are seen as more prevalent among people working outdoors, workers in indoor settings are also vulnerable.

Common outdoor occupations with exposure to heat

• construction workers;
• mining workers;
• energy and infrastructure workers;
• road workers;
• agricultural workers; and
• other tradespersons.

Common indoor occupations with exposure to heat

• manufacturing workers, for example foundry and sheet metal industries;
• hospitality workers, particularly those working in hot kitchens;
• commercial laundry workers; and
• warehouse workers.

Common heat-related illnesses

Heat rash and cramps

These are considered the least serious heat-related illnesses. After working in heat, employees may experience skin irritation due to profuse sweating or muscle cramps and spasms as a result of dehydration.

Heat exhaustion

This is a significant heat-related illness which occurs when the body has lost too much water and salt due to significant exposure to heat.

The common symptoms of heat exhaustion include feelings of weakness, dizziness and/or fainting, and nausea and/or vomiting.

Heat stroke

This is a serious illness which restricts the body’s ability to provide blood flow to internal organs and, left untreated, can potentially be fatal.

In addition to the symptoms of heat exhaustion, a person suffering from heat stroke may present with signs of agitation and confusion, slurred speech and/or loss of consciousness. If a worker is suspected to be suffering from heat stroke, medical attention should be sought urgently.

Workers who suffer illness/injury due to working in hot and humid environments and require medical attention and/or time off work should lodge a workers’ compensation claim.

Other injuries as a result of heat exposure at work

In addition to potentially suffering a heat-related illness, working in excessive heat can lead to safety hazards, which could potentially cause other physical injuries.

For example:

• profusely sweating may cause workers to slip or lose their grip, which can cause musculoskeletal injuries; or
• prolonged exposure to a hot environment can also lead to reduced concentration, which could possibly result in workers making more mistakes, putting them at a potential risk of injury.

If you have suffered an injury or illness as a result of excessive heat conditions at your workplace and have required medical treatment and/or time off work to recover, you may make an application for workers’ compensation with WorkCover Queensland or your employer’s workers’ compensation self-insurer, seeking workers’ compensation benefits.

Employer’s responsibilities for employees working in hot conditions

Employers have a legal responsibility to protect their workers from the risks of harm to their health and safety and to minimise these risks as is reasonably practical.

Measures which can be undertaken by employers to minimise the risks of their workers’ suffering from a heat-related illness or injury include, but are not limited to:

• ensuring all workers have access to cool drinking water;
• scheduling work to be completed during cooler parts of the day, particularly for strenuous and physically demanding work;
• providing a shaded and cool area close to worksites so employees can rest away from the heat; and
• providing workers with sunscreen and PPE that is sun-safe and breathable.

While employers owe their workers a significant duty to minimise risks of harm and injury, employees also have a personal responsibility to take reasonable care of their own health and safety whilst undertaking their employment duties. When working in excessive heat, workers should follow their employer’s health and safety policies and procedures and seek medical treatment promptly if suffering from a heat-related illness.

Options if your employer is not providing a safe working environment

If you believe your employer is not doing enough to address the risks of heat-related illnesses or injuries in your workplace, it is important to notify your manager or health and safety representative of your concerns.

If you believe that, even after you have raised your concerns, your employer is still not addressing the issue, you should speak with your union for advice on how to escalate the matter and see tangible changes in the processes at your workplace to address the significant health and safety risks associated with working in excessive heat.

In Queensland, there is no maximum temperature at which employers are required to stop their employees from undertaking their work. However, the Queensland Workplace Health and Safety website provides a Heat Stress (Basic) Calculator which considers factors such as humidity percentage, ventilation, availability of fresh drinking water and other temperature controls to help identify the risk of heat-related illnesses in a workplace.

Workers’ compensation for heat-related illnesses

If you have suffered a heat-related illness or injury due to working in excessive heat and had to take time off work as a result, you may be entitled to make a claim with WorkCover Queensland or your employers’ self-insurer.

If your workers’ compensation claim is accepted, you may be entitled to the following statutory benefits:

• Weekly payments for lost wages;
• Any medical and rehabilitation expenses related to the injury or illness;
• Expenses relating to travelling to medical and rehabilitation treatments;
• and
• A lump sum payment for permanent impairment.

In addition to your statutory entitlements, if your heat-related illness or injury was caused by your employer’s failure to take measures to minimise the risks of working in excessively hot or humid environments, you may be able to bring a common law claim against your employee for negligence.

This is a complex process, so it is important to discuss the prospects of your case with one of our experienced lawyers as soon as possible.

If a worker dies due to a workplace injury (including a heat-related injury or illness), an eligible dependant may be able to claim workers’ compensation death benefits. An eligible dependant is defined in the Workers’ Compensation and Rehabilitation Act 2003.

Get help from a workers’ compensation lawyer

At Hall Payne Lawyers, we understand that all employees have the right to work in an environment where their health and safety is protected and prioritised. If you have suffered a heat-related illness or injury at work, speaking to one of our lawyers will ensure your workplace rights and entitlements are protected and that you receive the compensation you are entitled to.  

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au

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