Working outdoors in Texas, whether on a construction site, farm, or oilfield, can be dangerous. But aside from the risks associated with aging pipelines, working at height, handling heavy machinery, and wearing inadequate or defective personal protection equipment, there is a more silent threat: the summer heat.
Every summer, temperatures soar to triple digits, making working outdoors or in poorly ventilated indoor spaces uncomfortable and dangerous.
According to a 2023 study published in the Journal of the American Medical Association, the heat-related mortality rate in the U.S. increased by 117% over the previous seven years. In Texas alone, 563 heat-related deaths were reported in 2023, although the real number may be higher.
Fast-forward to 2025, with heat advisories in place and heat index values as high as 107 degrees, the risk has never been higher.
So, what happens if you or a loved one suffers a hot-weather injury on the job? Can you claim compensation, and if so, how?
In this blog, we break down what workers need to know about heat-related injuries in the workplace, how to recognize the signs, and when you may be entitled to legal compensation.
Who Is At Risk of Heat Stress Injuries?
Anyone can develop a heat-related illness, but certain groups of workers are at much higher risk:
- Construction workers: According to the International Journal of Exercise Science, construction workers are 13 times more likely to die from heat stress illnesses compared to the general population.
- Oil and gas industry workers: Long shifts, physically demanding labor, and limited access to shade make these job sites especially dangerous.
- Agricultural and landscaping workers: Outdoor laborers often spend full workdays under direct sunlight with minimal breaks.
- Warehouse and factory workers: Poor ventilation and lack of air conditioning can turn indoor spaces into heat traps.
The National Weather Service advises workers to stay hydrated, find cool shelter, and recognize the early signs of heat-related illnesses in workers. But when your paycheck depends on you working outside in Texas — or inside in a poorly ventilated space — that can be easier said than done.
Types of Heat Stress Injuries
Heat stress injuries range from mild discomfort to life-threatening medical emergencies. Understanding them is critical for both workers and employers:
- Heat exhaustion: Caused by the body losing too much water and salt through sweat. Symptoms include dizziness, fatigue, nausea, palpitations, and headaches. If ignored, it can escalate to heat stroke.
- Heat stroke: A medical emergency where the body loses its ability to regulate temperature, leading to confusion, seizures, or unconsciousness. Left untreated, it can be fatal.
- Dehydration: Without regular access to drinking water, outdoor workers quickly become dehydrated, leading to fatigue, headaches, and reduced mental clarity.
- Heat rash: Red, itchy bumps, often on the neck or chest, caused by skin irritation due to sweat not evaporating.
- Heat cramps: Painful muscle spasms caused by fluid and electrolyte loss from sweating.
- Burns: Contact with sun-heated metal tools, vehicles, or surfaces can cause skin burns.
- Rhabdomyolysis: A severe but lesser-known condition where muscle tissue breaks down under heat stress and physical exertion, releasing proteins that can damage the kidneys. Symptoms include muscle pain, weakness, and dark urine.
Recognizing the Signs of Heat-Related Illnesses in Workers
Spotting symptoms early can save lives. If you or a co-worker notices any of these symptoms, it’s essential to act fast:
- Dizziness or lightheadedness
- Throbbing headache
- Nausea or vomiting
- Flushed, hot, or dry skin
- Muscle weakness or cramping
- Elevated or shallow breathing
- Confusion, disorientation, or irrational behavior
- Irregular or racing heartbeat
- Loss of consciousness.
Ignoring the early signs of heat-related illnesses in workers can also lead to long-term consequences, such as:
- Organ damage (especially to the kidneys, heart, and brain).
- Persistent fatigue, headaches, and cognitive difficulties
- Increased vulnerability to future heat stress
- Anxiety, depression, or PTSD following a severe episode.
Do Employers Have a Responsibility to Prevent Heat-Related Injuries in the Workplace?
The law in Texas regarding employer responsibility is patchy at best. OSHA’s General Duty Clause requires employers to protect workers “from recognized hazards” that threaten their lives and safety. Heat is recognized as such a hazard, and companies are expected to take reasonable steps to reduce the risk of heat-related injuries.
However, despite the increased deaths from heat stress injuries and temperatures climbing ever higher each summer, there is still no specific nationwide regulation for heat protection. Federal agencies, including CDC/NIOSH, have issued guidelines, but enforcement remains inconsistent.
Some cities have tried to fill this gap. In 2023, the San Antonio City Council approved a measure regarding contractors on city-funded projects to provide rest breaks, shade, and water during extreme heat. But later that year, Texas lawmakers passed House Bill 2127 (sometimes called the “Death Star Law”), which restricts local governments from adopting workplace safety ordinances stricter than state law. That legislation is currently being challenged in court (San Antonio Report), leaving heat safety rules in limbo.
In practice, this means workers often depend on whether their employer voluntarily follows best practices; otherwise, they may not have guaranteed legal protections against heat exposure.
When Employers Can Be Held Liable for Heat Stress Injuries
Several agencies strongly urge employers to take specific steps to protect workers from heat-related illness, but whether you can seek heat exhaustion compensation depends on your employer’s insurance status.
Unlike many other states, Texas is unique because employers are not required to carry workers’ compensation insurance. Here’s what that means:
- If your employer has workers’ compensation insurance: You cannot sue your employer directly. Your only option is to file a workers’ compensation claim. This covers medical expenses and about two-thirds of lost wages, but not pain and suffering. You do not need to prove an employer’s negligence or gross misconduct; only that you suffered an injury at work.
- If your employer does NOT have workers’ compensation insurance: If your employer opts out of workers’ comp, you may be able to file a lawsuit directly against them. In this case, you’ll need to prove negligence, for example, that your employer failed to provide water, denied breaks, or ignored heat advisories.
- If a third party was involved: If a contractor, equipment manufacturer, or premises owner contributed to unsafe conditions, you may have grounds for a third-party lawsuit.
- In cases of wrongful death: If a worker dies from heatstroke and gross negligence is involved, surviving family members may be able to pursue a wrongful death claim, even if the employer subscribes to workers’ comp.
Building a Claim for a Hot Weather Injury
To succeed in a claim, showing that the injury could have been prevented is crucial. This may include:
- Medical documentation of your injury.
- Evidence of unsafe conditions (photos, eyewitness reports).
- Documentation showing a lack of water, shade, or cooling measures.
- Any history of complaints about the worksite or prior incidents.
- Records of retaliation or dismissal after raising concerns.
An experienced work injury attorney can gather evidence to build a case, showing that an employer’s ignorance of known heat hazards (such as not making accommodations during heat advisories), failure to provide basic protections, or violating safety standards constitutes negligence. Given the controversy of recent legislation around workers’ rights and the shared experience many Texans have in the sweltering heat, insurers may be willing to settle and give you the compensation you deserve.
What to Do If You’ve Suffered a Heat-Related Injury at Work
If you experience symptoms of heat illness on the job:
- Seek immediate medical attention — heat stroke and related conditions can be fatal if left untreated.
- Report the incident to your employer as soon as possible. Document when and how the injury occurred.
- Collect evidence — photos of the worksite, lack of shade, or unsafe conditions can be valuable.
- Talk to an attorney — especially if your employer does not have workers’ compensation or if negligence seems involved.
Final Thoughts: Protecting Workers in the Texas Heat
The Texas heat can be deadly. Employers know the risks, yet too many fail to provide basic protections like water, shade, and rest. For workers, that neglect can lead to devastating consequences, from kidney damage to wrongful death.
While the law around heat safety remains unsettled, workers still have rights. Whether through a workers’ compensation claim or lawsuit against a negligent employer, you may be entitled to recover compensation for medical bills, lost wages, and in some cases, pain and suffering.
Contact Patino Law Firm
If you or a loved one has suffered a hot weather injury at work or is seeking heat exhaustion compensation, don’t delay. Time can erode evidence and weaken your claim.
At Patino Law Firm, we fight for Texas workers suffering from heat-related injuries in the workplace. We can investigate your case, identify all potential sources of compensation, and hold negligent employers accountable.
We offer:
- A free, no-fee consultation – no fee unless we win.
- Personalized, bilingual (English & Spanish) service.
- Hands-on support: evidence gathering, medical coordination, negotiating with insurers.
- Offices serving McAllen, San Antonio, Midland-Odessa, and the surrounding cities, with flexible appointments to suit your needs.
Call 855-LAW-NINJA today, or submit the confidential contact form on our website to speak with a dedicated attorney about your rights and options.
