Working in the Heat: Understanding Your Rights and Workers Compensation

In 2024, the average temperature in Queensland climbed to 31.3°C, 1.4°C higher than the average from 1960 to 1990. In these temperatures, working in the heat presents serious health risks for thousands of workers across industries, especially during summer. From construction sites to farms, factories to schools, heat-related illnesses affect productivity and can lead to severe health complications. But what are your rights when temperatures soar, and what compensation can you claim if you suffer from heat stress on the job?

Most Common Heat-Related Conditions

These include:

• Heat rash: An irritating skin condition caused by excessive sweating during hot weather, commonly affecting workers in high-humidity environments.
• Heat cramps: Painful muscle spasms that occur during physical exertion in hot environments, often affecting workers performing strenuous tasks.
• Heat exhaustion: Characterised by heavy sweating, rapid pulse, dizziness, and fatigue, representing a serious warning sign that requires immediate attention.
• Heat stroke: A medical emergency where body temperature exceeds 40°C, potentially causing organ damage or death if not treated promptly.

For outdoor workers such as construction workers, landscapers, and agricultural workers, the risk is particularly high due to direct sun exposure. However, indoor workers in poorly ventilated spaces like factories, kitchens, and laundries also face significant dangers when working in the heat without adequate cooling systems.

Several factors impact the severity of heat-related illnesses:

• Temperature and Humidity: High heat and humidity prevent the body from cooling through sweat, increasing heat stress risk.
• Physical Exertion: Jobs with heavy physical activity, like construction, generate body heat, leading to heat exhaustion or stroke.
• Protective Clothing: Heavy gear, such as full-body suits or helmets, traps heat, making it harder to regulate body temperature.
• Lack of Shade or Ventilation: Workplaces without shade or ventilation, indoors or outdoors, make it harder to cool down.
• Acclimatisation: Workers not used to extreme heat, especially new or inexperienced ones, are more prone to heat stress.
• Hydration: Inadequate hydration hinders sweating, making it difficult for the body to cool itself.
• Pre-existing Health Conditions: Workers with conditions like heart disease or obesity are less able to cope with heat, increasing their risk of illness.

By understanding these factors, employers and workers can better prepare for the risks associated with working in the heat and take proactive steps to reduce the likelihood of heat-related illnesses.

Queensland Laws on Working in the Heat

While Queensland doesn’t specify a maximum temperature at which work must stop, the Work Health and Safety Act 2011 places clear obligations on employers to provide safe working environments.

Many workers mistakenly believe there’s a specific cutoff temperature for outdoor work. Rather than a single threshold, employers must assess and manage all risk factors associated with heat exposure, including humidity, air flow, physical intensity of work, and individual worker factors.

Under Queensland law, employers must:

• Identify heat-related hazards specific to their workplace through thorough risk assessments.
• Assess the risks considering all relevant environmental and personal factors.
• Apply suitable safety measures according to the risk management hierarchy.
• Review and improve these measures regularly to ensure they remain effective.
• Consult with workers about heat management strategies and response plans.

According to the Fair Work Ombudsman, if an employee works for over 2 hours in an environment heated to 46°C or more by artificial means, they are entitled to a 20-minute paid rest after each 2-hour period.

How Employers Should Manage Heat Risks

Employers have a legal duty to eliminate or minimise heat-related risks “so far as is reasonably practicable.” This means implementing a range of strategies based on the hierarchy of controls:

Control Level	Examples for Managing Working in the Heat	Effectiveness
Elimination	Rescheduling outdoor work to cooler seasons	Most effective
Substitution	Using mechanical aids instead of manual labour	Very effective
Engineering	Installing shade structures, ventilation, cooling systems	Effective
Administrative	Scheduling work during cooler times, regular breaks, rotation of tasks	Moderately effective
PPE	Providing cooling vests, sun-protective clothing, hats	Least effective

According to Safe Work, comprehensive heat management programs combining multiple control measures are most effective. Simply providing water and encouraging breaks is insufficient—employers must implement a systematic approach that prioritises higher-level controls whenever possible.

Workers’ Rights When Working in the Heat

Queensland workers have several important rights when faced with excessive heat conditions:

• Right to a safe workplace: Including protection from both immediate heat hazards and long-term exposure risks.
• Right to appropriate facilities: Access to drinking water, shade, and rest areas with adequate cooling.
• Right to consultation: Employers must meaningfully involve workers in developing heat management strategies.
• Right to refuse unsafe work: Workers can cease dangerous activities if there’s an immediate risk without fear of reprisal.
• Right to workers’ compensation: Entitlement to compensation for heat-related illnesses arising from employment.

Many workers remain silent about unsafe heat conditions due to productivity pressures or fear of job loss. However, Queensland law explicitly protects workers who raise legitimate safety concerns or refuse dangerous work.

Workers’ Compensation for Heat-Related Injuries

If you’ve suffered a heat-related illness while working in the heat, you may be entitled to workers’ compensation through WorkCover Queensland.

To make a successful claim, you’ll need to:

• Seek medical attention immediately and inform healthcare providers your condition is work-related.
• Notify your employer as soon as possible using formal reporting channels.
• Submit your claim to WorkCover Queensland within six months of the incident.
• Provide medical evidence linking your condition to workplace heat exposure.

Compensation may cover:

• Medical and rehabilitation expenses including specialist consultations.
• Wage replacement (typically 85-90% of normal weekly earnings).
• Lump sum payment for permanent impairment if your condition causes lasting effects.
• Return-to-work support services to help you safely transition back to employment.

The burden of proof in heat-related claims can be challenging, as symptoms may be attributed to pre-existing conditions. Maintaining detailed records of working conditions, temperature readings, and symptoms can strengthen your case substantially.

What if My Employer was Negligent?

When working in extreme heat conditions, employers have a duty of care to prevent harm and provide a safe environment. If an employer fails to take reasonable steps to protect workers from heat-related injuries, they may be considered negligent. Negligence occurs when an employer does not fulfil their legal obligations, such as:

• Failing to provide appropriate rest breaks in high heat environments
• Not ensuring proper ventilation or cooling systems in workplaces
• Not providing adequate hydration or shaded rest areas
• Ignoring or underestimating the risks of heat stress

If a worker suffers an injury or illness due to an employer’s negligence, they may be entitled to claim damages. Damages can cover:

• Medical expenses: Costs related to treating heat-related injuries, including hospital bills, rehabilitation, and specialist care.
• Loss of wages: Compensation for lost income due to the inability to work while recovering from heat-related illness.
• Pain and suffering: Coverage for both the physical and emotional distress caused by the injury.
• Permanent impairment: Compensation if the heat-related illness results in long-term or permanent health effects, such as reduced mobility or organ damage.

Proving negligence in a workers’ compensation claim requires clear evidence that the employer’s failure to mitigate heat risks directly led to the injury. Legal advice is crucial in these cases to ensure workers’ rights are protected and appropriate compensation is pursued.

Climate Change Implications for Queensland Workers

With climate projections showing Queensland will face more frequent and intense heatwaves, heat-related workplace hazards are likely to increase substantially in coming years. 

Research indicates that by 2030, Brisbane and the Gold Coast could experience heatwaves for up to 10% of the year, each one lasting up to two weeks. This has major implications for industries like construction, where productivity loss during extreme heat is estimated at over $6 billion dollars annually.

Seeking Legal Help for Heat-Related Compensation Claims

If you’ve suffered a heat-related illness while working in the heat, navigating the workers’ compensation system can be challenging. WorkCover claims for heat stress sometimes face resistance as insurers may attempt to attribute symptoms to pre-existing conditions or non-work factors.

Our Gold Coast and Brisbane Workers Compensation Lawyers, Bundaberg Workers Compensation Lawyers, Rockhampton Workers Compensation Lawyers, and Hervey Bay Compensation Lawyers can help you understand your rights and build a strong case. We specialise in gathering medical evidence that clearly links your condition to workplace heat exposure and can guide you through the entire claims process. With decades of experience in Queensland’s workers’ compensation system, we’ll fight to ensure you receive the full compensation you deserve for injuries sustained while working in Queensland’s challenging climate. Reach out to us now and get a FREE initial consultation.