Should I contact an Attorney or File WC ?
What is the name of your state? AZ
My husband works in a high stress/ high heat kitchen as a Chef and experienced heat stress / exhaustion on a daily basis for months. The kitchen temperature is consistantly approx 90 to 110 degrees, or more. My husband's work day ranges from 9 to 15 hours without any scheduled breaks, rest periods or cooling off periods. (although he does step outside for a quick cigarette when he gets a minute now and then for 2 or 3 minutes). Outside temp is always in the 90-100 + degree mark .
After working a 13-14 hour day last week, he came home physically and mentally exhausted and promptly showered and went to bed almost instantly. The following two days he had off, but he was still extremely tired and had been feeling aggitated and dizzy, so the following day he called in and we went to the ER. There, the Dr on duty diagnosed him as having High Blood Pressure and Diabetes. He had previously "cured" his Diabetes and was medication free for over a year. His sugar readings were always good and he had no problems, until now. His employer was well aware that he was previously Diabetic.
I have done a tad of research on the OSHA website and have found that the temperature he was working in was way above the permissable range by quite a bit. Since going to the hospital, my husband returned to work for just one day, came home and had a mental breakdown of sorts. He has not gone back to work since then. I know (believe) that he would qualify for WC benefits--and we desperately need to replace his income asap /B]as I have been out on disability for 16 months myself. What would you recommend that we (he) do ? He has not filled a WC claim yet---I wanted to investigate the matter fully beforehand to determine if he has grounds for a suit against his employer and know that receiving WC would not enable him to file at a later date.
I believe that the HBP, Diabetes returning, and the mental breakdown was a direct result of the very poor working conditions and stress that he has been subjected to for months. I am very angry at his employer and the working conditions and am very concerned about his future health. Please advise as to the liklihood of being able to file suit based upon what I have told you, knowing that the OSHA "permissable" heat exposure was way off the mark, lack of a cooling off period, and very strenuous work / long hours. Also, is it advisable to call / make a complaint to OSHA for an inspection at this time, or should I wait ? He has told his employer that he is currently under treatment at this time and will keep them posted. He has not quit, or resigned and I am certain that they are praying for him to come back as soon as possible. I would also be interested in knowing what he (we) should or should not say if (when) his employer calls back again. We know that the company is likely having a very difficult time getting bye without him. He was doing the work of at least 2 or 3 people consistantly.
Thank you for your input and referral, if you believe this to be a prospective case.
I am in AZ. IF ANY ONE OF THE SENIOR MEMBERS (OR ANYONE ELSE THAT IS AMONG THE INFORMED) COULD OFFER ANY EXPERTISE BASED ON THIS INFO, I WOULD SURELY APPRECIATE IT. THANKS MUCH !
What is the name of your state? AZ
My husband works in a high stress/ high heat kitchen as a Chef and experienced heat stress / exhaustion on a daily basis for months. The kitchen temperature is consistantly approx 90 to 110 degrees, or more. My husband's work day ranges from 9 to 15 hours without any scheduled breaks, rest periods or cooling off periods. (although he does step outside for a quick cigarette when he gets a minute now and then for 2 or 3 minutes). Outside temp is always in the 90-100 + degree mark .
After working a 13-14 hour day last week, he came home physically and mentally exhausted and promptly showered and went to bed almost instantly. The following two days he had off, but he was still extremely tired and had been feeling aggitated and dizzy, so the following day he called in and we went to the ER. There, the Dr on duty diagnosed him as having High Blood Pressure and Diabetes. He had previously "cured" his Diabetes and was medication free for over a year. His sugar readings were always good and he had no problems, until now. His employer was well aware that he was previously Diabetic.
I have done a tad of research on the OSHA website and have found that the temperature he was working in was way above the permissable range by quite a bit. Since going to the hospital, my husband returned to work for just one day, came home and had a mental breakdown of sorts. He has not gone back to work since then. I know (believe) that he would qualify for WC benefits--and we desperately need to replace his income asap /B]as I have been out on disability for 16 months myself. What would you recommend that we (he) do ? He has not filled a WC claim yet---I wanted to investigate the matter fully beforehand to determine if he has grounds for a suit against his employer and know that receiving WC would not enable him to file at a later date.
I believe that the HBP, Diabetes returning, and the mental breakdown was a direct result of the very poor working conditions and stress that he has been subjected to for months. I am very angry at his employer and the working conditions and am very concerned about his future health. Please advise as to the liklihood of being able to file suit based upon what I have told you, knowing that the OSHA "permissable" heat exposure was way off the mark, lack of a cooling off period, and very strenuous work / long hours. Also, is it advisable to call / make a complaint to OSHA for an inspection at this time, or should I wait ? He has told his employer that he is currently under treatment at this time and will keep them posted. He has not quit, or resigned and I am certain that they are praying for him to come back as soon as possible. I would also be interested in knowing what he (we) should or should not say if (when) his employer calls back again. We know that the company is likely having a very difficult time getting bye without him. He was doing the work of at least 2 or 3 people consistantly.
Thank you for your input and referral, if you believe this to be a prospective case.
I am in AZ. IF ANY ONE OF THE SENIOR MEMBERS (OR ANYONE ELSE THAT IS AMONG THE INFORMED) COULD OFFER ANY EXPERTISE BASED ON THIS INFO, I WOULD SURELY APPRECIATE IT. THANKS MUCH !
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