Can I Get Workers’ Compensation For Heat Stroke in New York?

Yes, you can receive workers’ compensation benefits if you suffer a heat stroke at work in New York. Your illness is recognized under New York law as a compensable injury, provided it can be directly linked to your work environment and duties. Heat-related illnesses are eligible for workers’ compensation, though employers may sometimes contest such claims.

However, securing these benefits requires clear proof. You must establish a direct causal link between your workplace heat exposure and your medical condition, and you must follow strict procedural deadlines. This means showing that your heat stroke is a direct result of your job activities and the environment where you work.

If you’ve suffered a heat-related illness at work, call Maggiano, DiGirolamo & Lizzi, P.C. today at (201) 585-9111 for a no-obligation consultation with a New York compensation lawyer.

Why Is Heat Stroke Considered a “Workplace Injury”?

Under New York’s Workers’ Compensation Law, an injury doesn’t have to be from a sudden accident like a fall. It could also be an “occupational disease”—an illness that develops because of the specific conditions of your employment. An occupational disease is defined as a disease resulting from the nature of the employment and contracted from it.

A Hazardous Condition

The law views extreme heat as a recognized workplace hazard, similar to faulty equipment or chemical exposure. The federal Occupational Safety and Health Act (OSH Act) mandates that employers provide a workplace free from such known dangers, which includes protecting workers from extreme heat.

A Direct Consequence

When your job requires you to work in high temperatures without adequate protection, and you suffer a heat stroke, the law sees a direct line between the hazardous condition (the heat) and the injury (the illness). For a condition to be considered an occupational disease, there must be a clear link between the illness and the distinctive character of the job. This makes it a “compensable injury,” meaning you have the right to seek compensation.

The Two Deadlines You Cannot Afford to Miss

To protect your right to benefits, two timelines begin the moment your work-related heat illness occurs. Missing them can permanently bar you from receiving compensation.

First: Written Notice to Your Employer

You must inform your employer of your injury in writing, preferably within 30 days. This notice, as required by Workers’ Compensation Law § 18, officially documents that the injury happened and is connected to your job. The notice should include your name and address, and state the time, place, nature, and cause of the injury.

Second: Filing a Claim with the Board

You must file a formal claim (Form C-3) with the New York State Workers’ Compensation Board. This must be done within two years of the incident. This is the legal step that initiates your case for benefits under Workers’ Compensation Law § 28. For an occupational disease, the claim must be filed within two years after disablement and after you knew or should have known the disease was due to your employment.

How We Prove Your Heat Stroke Was Caused by Your Job

The core of a successful claim is proving “causation.” This is a legal term that simply means we must draw an undeniable line from your work duties to your heat stroke. An insurance company may try to argue the illness was caused by something else. The burden is on you, the claimant, to establish this causal relationship.

Our firm gathers the specific evidence needed to build this connection:

• Medical Documentation: We will work with your medical records that diagnose heat stroke and contain your doctor’s opinion linking it to your work activities. Medical opinions are crucial for demonstrating a causal relationship.
• Official Weather Data: We will pull historical weather reports for the day of the incident to document the extreme temperatures and humidity levels. A recent report by the New York State Insurance Fund found that workers’ compensation claims were 45% more likely on days with a heat classification from the National Weather Service (temperatures over 80 degrees).
• Work Environment Analysis: We document the conditions at your job site. Were you in direct sun? Was there poor ventilation in the warehouse? Did a vehicle’s air conditioning fail? These environmental factors are key to proving the claim.
• Statements from Co-Workers: Testimony from colleagues can confirm the demanding nature of your work and the oppressive heat on the day you fell ill.
• Your Job Description: We will use your official duties to show the level of physical exertion required, which contributes significantly to the risk of heat stroke.

Who Is Most at Risk in Our Fort Lee and Hackensack Communities?

While any worker can be affected, certain jobs and demographics in our local communities face a higher risk. The very fabric of our neighborhoods—from the bustling construction sites in Fort Lee to the diverse industrial workplaces in Hackensack—places many of our residents on the front lines of heat exposure.

Construction and Outdoor Workers

In towns like Fort Lee, Palisades Park, and Edgewater, the skyline is constantly changing. The construction workers, landscapers, and road crews who build and maintain our communities are constantly exposed to the elements. In these physically demanding jobs, the combination of hard labor and direct sun dramatically increases risk. This is particularly relevant in areas like Main Street Fort Lee, known as Korea Town, where development and outdoor work are common.

Public Safety and Transportation Workers

From the melting pot communities of Hackensack and Teaneck, with their large Hispanic, African American, and Orthodox Jewish populations, public safety officers and transportation workers often work long hours outdoors or in vehicles that risk becoming dangerously hot. The constant movement and exposure place a significant strain on the body’s ability to cool itself.

Warehouse and Kitchen Staff

In the industrial areas of South Hackensack, Lodi, and Teterboro, many residents work in warehouses and commercial kitchens. These indoor environments are just as dangerous as working in the direct sun. Poor ventilation, heat-generating machinery, and fast-paced work create oppressive indoor temperatures, putting workers at high risk for heat-related illness.

What Kind of Compensation Can You Receive?

A successful workers’ compensation claim for heat stroke provides two main types of benefits to help you manage the financial and medical disruption. The system is designed to provide medical care and cash benefits, regardless of who was at fault.

• Complete Coverage of Medical Treatment: This includes payment for all reasonable and necessary medical care, such as emergency room visits, hospitalization, doctor’s appointments, and prescription medications. Even if you don’t receive cash benefits, necessary medical care is covered. 
• Replacement of Lost Wages: If your heat stroke prevents you from working for more than seven days, you may receive weekly cash benefits to replace a portion of your lost income. The amount is generally calculated as two-thirds of your average weekly wage, up to a legal maximum.
• Benefits for Long-Term Consequences: Severe heat stroke might unfortunately cause lasting damage to the brain, heart, or kidneys. If this occurs, you may be entitled to permanent disability benefits. Furthermore, if heat exposure caused you to become dizzy and suffer a fall, that separate injury is also covered.

New York Is Taking Workplace Heat More Seriously. Are Employers?

State agencies and lawmakers are beginning to respond to the growing danger of workplace heat exposure.

Proposed Legislation

Lawmakers have introduced bills like the Temperature Extreme Mitigation Program (TEMP) Act, which would mandate that employers in specific industries provide water, shade, and paid cool-down breaks when temperatures exceed 80°F. Another bill, Assembly Bill A2602, specifically targets construction employers, requiring them to implement heat-related illness prevention plans. While these are not yet law, they signal a clear recognition of the problem.

State-Sponsored Support

In July 2025, New York launched the Extreme Heat Equipment Credit to help small businesses in industries like manufacturing, warehousing, and landscaping purchase protective gear for their workers. This program provides a credit towards items like cooling vests, ventilation systems, and UV-resistant glasses, showing the state is encouraging employers to take proactive safety measures.

Despite this, many employers still fail to implement basic safety plans. When they fail, their injured workers have a right to hold them accountable through the workers’ compensation system.

Frequently Asked Questions About New York Heat Stroke Claims

Your Health Is Your Priority. Let Us Make Your Claim Ours.

Recovering from a serious medical event like a heat stroke is your only job right now. You shouldn’t also have to shoulder the weight of legal paperwork, claim deadlines, and disputes with an insurance company.

Let our firm handle the complexities of the workers’ compensation system for you. We will build your claim, gather the evidence, and manage the process so you can focus on getting better.

Call Maggiano, DiGirolamo & Lizzi, P.C. now at (201) 585-9111 or contact us online to discuss your case.