(757) 455-8889

Outdoor Work Injuries and Workers’ Compensation – Part Two

This is our second article on why exposure to the outdoor elements can lead to workers’ compensation claims in North Carolina and Virginia. In the first article, we talked about the dangers of biological hazards, venomous hazards, and the physical hazard of heat exposure. In this article, we’ll talk about work injuries and illnesses due to exposure to the sun and exposure to the cold. Our third article will discuss the physical hazard of exposure to noise which can be an outdoor or indoor hazard.

CAVEAT AND WARNING: Most of What is described here will not amount to a Compensable Workers Compensation Claim.

As noted in Part I, any type of environmental exposure that occurs over time is usually by definition not an “accident,” but rather potentially an occupational disease.

Unless the occupational disease falls into certain very specific categories, in order to prove that a disease is compensable, one must show by clear and convincing evidence that it is a disease arising out of employment to which the general public is not equally exposed.

Sunburn, even severe, is typically not thought of as a compensable type of injury, simply because it is so common in the public. Accordingly, although we will discuss the hazards of sun exposure, one should realize that it is highly unlikely that a worker’s compensation case could be brought based on an injury from overexposure to the sun.

What are the risks of sun exposure while working outdoors?

The CDC states that sunburn and skin cancer are two of the risks of working outdoors – for construction workers, agricultural workers, and other outdoor workers.

Sunlight provides an invisible source of radiation called ultraviolet (UV) rays. These rays can penetrate a worker’s skin and alter the structure of their skin cells. The three kinds of UV rays include:

  • Ultraviolet A (UVA) rays
  • Ultraviolet B (UVB) rays
  • Ultraviolet C (UVC) rays.

The most abundant source of UV rays from sun exposure are UVA rays which penetrate below the top skin layer of a worker- which can damage connective tissue and increase the odds a person will develop skin cancer. UVB rays can also cause some types of skin cancer even though they don’t penetrate as deeply as UVA rays. Generally, UVC rays are absorbed by the Earth’s atmosphere before they reach any workers.

The risk of ultraviolet exposure is the highest between 10:00 a.m. and 4:00 p.m. Any type of outdoor activity during these hours increases the risk of a sunburn. “Snow and light-colored sand reflect UV light and increase the risk of sunburn.” Even on cloudy days, workers can suffer exposure to UV radiation.

The following drugs that workers may take increase sunlight sensitivity:

  • “Thiazides
  • Diuretics
  • Tetracycline
  • Doxycycline
  • Sulfa antibiotics
  • Nonsteroidal anti-inflammatory drugs, such as ibuprofen”

What steps can employers and workers take to protect against sun exposure?

The CDC and NIOSH recommend that employers help their workers avoid sunburn and skin cancer by:

  • “Scheduling outdoor work when there is less sunlight exposure.
  • Providing shaded or indoor break areas.”
  • Training employees about the dangers of exposure to sunlight, how to prevent exposure to sunlight, and the signs and symptoms that they have too much exposure to sunlight.

The CDC and NIOSH recommend that employees use the following sun exposure protections:

  • Wear sunscreen with a minimum of SPF 15. SPF (sun protection factor) refers to the length of time the sunscreen protects you. With SPF 15, you should be able to spend 15 times longer in the sun than a person with no sunscreen protection. Some of the factors that affect SPF performance include wind, perspiration, humidity, and proper applications.
  • Discard sunscreens that are more than 1 or 2 years old.
  • Apply sunscreen at least 20 minutes before exposure to the neck, lips, ears, scalp, backs of your hands, and the tops of your feet.
  • Reapply sunscreens “at least every 2 hours and each time you get out of the water or sweat heavily,” or more often if you are also using insect repellants.
  • Wear the proper clothing. This includes clothing with more SPF protection, wide-brimmed hats, sunglasses with nearly 100% UV protection, and dark clothing with a light weave (compared to light-colored, loosely woven clothing.”

Sunburn generally occurs when workers spend too much time outdoors without wearing sunscreen. Extensive overexposure can cause age spots, premature wrinkles, and skin cancer. Workers who have too much sun exposure can also damage their eyes – including suffering cataracts, macular degeneration (a primary cause of blindness), and Pterygium (tissue growth that leads to blindness).

Some of the signs of sunburn include blisters; swollen skin; warm, red, and tender skin, nausea, tiredness, and headaches.

The CDC states that workers who do have sunburn may benefit from the use of pain relievers, lots of water, cool baths/cool wet cloths, and applying “a topical moisturizing cream, aloe, or 1% hydrocortisone cream.”

Blisters may require bandages to help prevent infections. Blisters that break increase the risk of an infection and slow the healing process.

Workers should seek medical help if:

  • “Severe sunburns cover more than 15% of their body.
  • They are dehydrated.
  • They have a high fever (over 101°F).
  • Extreme pain lasts longer than 48 hours.”

What are the risks of working in the Cold while outdoors?

Unlike sunburn, there have been some cases of the Virginia Workers Compensation Commission as well as North Carolina Industrial Commission finding that injuries to workers from extreme cold such as frostbite may be compensable, either as an occupational disease or an injury by accident. Whether your case is compensable will depend on the specific facts of your case.

Working in cold temperatures causes a worker’s body to lose heat. It does get quite cold in January, February, and March in both North Carolina and Virginia, particularly in the mountainous areas. Cold weather can also affect employees who work in areas without heat or with poor insulation.

Some of the dangers of working in the cold, according to the Occupational Health and Safety Administration (OSHA) include:

  • Immersion/Trench Foot. “Trench foot is a non-freezing injury of the feet caused by prolonged exposure to wet and cold conditions.” Symptoms include numbness, tingling, red skin, leg cramps bleeding under the skin, blisters, and gangrene.
  • Frostbite. This health disorder is due to thefreezing of the skin and tissues. Frostbite can lead to amputation without prompt treatment. Symptoms include “reddened skin develops gray/white patches in the fingers, toes, nose, or ear lobes; tingling, aching, a loss of feeling; and blisters.’
  • Hypothermia. This disorder occurs when a worker’s body drops below 95°F. Cold exposure means that a worker’s body loses heat faster than the body can produce heat – eventually using up the body’s stored energy. While cold temperatures are the common cause, hypothermia “can occur even at cool temperatures (above 40°F) if a person becomes chilled from rain, sweat, or immersion in cold water.” Symptoms include “uncontrollable shivering, which should not be ignored.” Other symptoms include confusion, lack of coordination, a slow heart rate or slow breathing, slurred speech, and unconsciousness. Hypothermia can be fatal.
  • Chilblains. This is a“painful inflammation of small blood vessels in the skin, caused by the repeated exposure of skin to temperatures just above freezing to as high as 60°F.” Common symptoms include itching, inflammation, redness, blisters, and possible ulceration.

Preventive measures that employers should take to protect workers from the cold include scheduling jobs for warmer times, warm liquids, warm break areas, monitoring workers for cold stress, and cold stress training.

Workers should wear layered clothing provided the clothing does not affect movement, waterproof and insulated boots, a hat, and protection for the face and other exposed body parts. Workers should also:

  • Carry extra items of worm clothing
  • Place a thermometer and chemical hot packs in your first aid kit.
  • Don’t touch cold metal surfaces with your bare skin.
  • Monitor your physical condition and the healh of your coworkers.

Workers’ compensation lawyer Joe Miller has helped thousands of workers just like you obtain strong recoveries. We have more than 30 years of experience fighting for employees in North Carolina and Virginia. Call attorney Joe Miller, Esq., at 888-667-8295 or use my online contact form to schedule a free consultation.

Our law firm does have a way for you to provide your details of your accident and injuries if you simply want to do that electronically from the comfort and safety of your home at any time of day or night. To utilize this service, simply click here: New Electronic Case Review.

We’ll get back to you, typically within 24 hours to provide our response as to whether your situation is one where we can provide you with legal representation. If we require more information, we’ll contact you and ask for that information in order to make that determination as to whether we are the best folks to assist you. If we ultimately determine that we cannot represent or assist you, we will not leave you high and dry. We’ll do our best to provide you with other resources to assist you.