Colorado Workers’ Comp for Heat-Related Injuries
Learn about your rights to workers’ comp benefits after suffering heat stroke or another heat-related injury in Denver
Key points about heat-related illness and workers’ rights in Colorado:
- If untreated, heat exhaustion can progress to heat stroke, a medical emergency that can cause confusion, seizures, loss of consciousness, and death.
- OSHA requires employers to protect workers from recognized hazards like heat, even though there’s no specific federal heat standard yet.
- Agricultural workers in Colorado are currently the only group with specific heat protections under state law, including access to shade, cool water, and rest breaks.
- Eligible Colorado employees can get workers’ comp benefits for heat-related injuries, and they don’t need to prove their employer was at fault to receive benefits.
When most people think of Colorado, they picture snow-capped Rocky Mountains and chilly alpine air. While great for recreation and tourism, these weather conditions can also lead to serious cold-weather injuries like frostbite and hypothermia for Denver workers.
But what many people don’t realize is that Denver also sees dangerously high temperatures in the summer, putting those same workers at risk of heat-related illnesses like heat exhaustion and heat stroke.
Fortunately, most workers who suffer heat-related injuries at work in Colorado are entitled to workers’ compensation benefits, but employers and insurance companies don’t always make the process easy. They often try to downplay these injuries or claim they were caused by pre-existing conditions so they can deny the claims altogether.
If you’ve gotten sick after working in extreme heat in Colorado and are having trouble getting the workers’ comp benefits you deserve, we can help. Reach out to the experienced Denver work injury attorneys at Babcock Tucker to schedule a free consultation.
What are the red flags of heat exhaustion?
Heat exhaustion is a heat-related illness that occurs when the body overheats due to prolonged exposure to high temperatures and physical exertion, especially in humid conditions. It happens when the body can no longer cool itself effectively, leading to dehydration and a drop in blood pressure.
According to WebMD, there are a variety of symptoms one may experience during heat exhaustion, including:
Workers experiencing any of these symptoms should stop working immediately, move to a cooler area, and begin hydrating. Rest and cooling off can often reverse heat exhaustion when caught early.
- Fatigue and extreme dizziness
- Nausea
- Excessive thirst
- Confusion or anxiety
- Fainting
- Weakness, including a slow or weak heartbeat
- Headache and achy muscles
If not addressed promptly, heat exhaustion can progress into heat stroke, a potentially life-threatening emergency.
Did you know?
The most dangerous days on the job in hot weather are often the very first ones. In fact, according to OSHA, 50% to 70% of heat-related outdoor deaths happen during a worker’s first few days in the heat.
That’s because the body needs time to adjust to high temperatures—a process known as heat acclimatization. Without that adjustment period, the risk of serious illness or even death rises dramatically. Taking it slow at the start isn’t just smart—it can save lives.
When does heat exhaustion become heat stroke?
Heat exhaustion progresses to heat stroke when the body’s temperature regulation system fails entirely, and core temperature rises to 104°F or higher. This stage is a medical emergency. Red flags of heat stroke include:
- Hot, dry skin (or profuse sweating that suddenly stops)
- Altered mental state, such as confusion, slurred speech, or agitation
- Seizures
- Loss of consciousness
If these symptoms appear, call 911 immediately. Heat stroke can cause permanent damage to vital organs or even be fatal without prompt treatment.
Can my employer force me to work in extreme heat?
While there’s no specific federal law banning employers from requiring work in extreme heat, OSHA does require all employers to provide a safe workplace under its General Duty Clause Section 5(a)(1) of the Occupational Safety and Health Act of 1970.
This clause has been interpreted by the courts to mean that employers must address recognized hazards—including heat-related risks—when there are feasible ways to prevent serious injury or death at work.
In other words, if extreme heat presents a serious and preventable danger, your employer may be violating federal law by forcing you to work in those conditions without proper safety measures in place.
What is OSHA and How Do they Protect Workers?
Learn about worker rights under OSHA and how to file a complaint if your employer violates those rights.
What is the heat illness law in Colorado?
In 2025, Colorado lawmakers introduced House Bill 25-1286, which aimed to go beyond OSHA by establishing state-level protections for workers in extreme temperatures. The bill would have required employers to:
- Provide shade or warming shelters when temperatures hit 80°F or drop below 30°F.
- Offer frequent rest breaks, especially above 90°F.
- Supply cool drinking water.
- Develop site-specific temperature monitoring and emergency plans.
- Train workers on how to recognize and prevent heat-related illnesses.
- Allow workers to take legal action if employers fail to comply.
Despite growing concern about climate-related hazards and increasing heat-related hospital visits, the bill faced strong opposition from business groups and bipartisan lawmakers. Critics argued that the rules were too prescriptive, economically burdensome, and duplicative of existing OSHA requirements.
Ultimately, the sponsors withdrew the bill before its first committee vote but vowed to revisit it in 2026.
Are there any special heat protections for agricultural workers in Colorado?
Yes. While most Colorado workers, like roofers, construction workers, and warehouse workers, are only covered by OSHA’s general guidance, farmworkers in Colorado do have specific legal protections thanks to the Agricultural Labor Rights and Responsibilities Act (ALRRA).
Under this law, employers must take action when:
- Temperatures hit 80°F or more.
- There are “increased risk conditions”, such as temperatures above 95°F, long workdays, new hires still acclimating, heavy clothing/PPE, or unhealthy air quality.
Required protections include:
- Access to shade close to the worksite
- At least 32 ounces of cool, clean water per hour
- Preventative cool-down breaks whenever a worker feels overheated
- Additional 10-minute breaks every 2 hours during increased risk conditions
- Notice of heat-related rights, in the worker’s primary language
- An annual heat safety training program and written emergency response plan
If it’s not possible to meet these exact requirements due to safety or location issues, employers must implement equivalent protective measures, like air-conditioned rest areas or cooling vests.
When Will Workers’ Comp Offer a Settlement?
Understand when workers’ comp settlements are typically offered and how they impact your right to future benefits in Colorado.
Is heat stroke considered an injury for workers’ comp?
Yes, heat stroke qualifies as a covered injury under Colorado workers’ compensation. One important thing to know is that workers’ comp is a no-fault system. That means you don’t need to prove your employer did anything wrong to receive benefits.
If your heat stroke occurred while you were performing your job duties, you may be entitled to compensation, even if your employer followed all safety protocols.
Keep in mind that these benefits aren’t automatic. You’ll need to take specific steps to file a workers’ comp claim in Colorado, including seeking medical attention from an employer-approved doctor and notifying your employer of your injury within 10 days of the incident.
What workers’ comp benefits can I receive if I suffer a heat illness at work in Colorado?
If your claim is approved, you may be entitled to a few different types of workers’ comp benefits that provide:
- All necessary medical care, including ER visits, hospitalization, medications, and follow-up treatment
- Temporary disability payments (wage replacement) while you recover and can’t work
- Permanent disability benefits if heat stroke causes lasting impairments
- Death benefits to certain dependents if a heat-related illness leads to death
Despite the protections in place, workers sometimes face pushback from employers or insurance companies who may dispute whether the heat stroke was work-related (especially if symptoms appeared after hours), blame the condition on a pre-existing health issue, or downplay the severity of the illness.
Please be aware that legitimate workers’ comp claims are denied every day, so a denial isn’t necessarily the end of the story. If you suffered a heart-related illness in Denver and are having trouble getting the benefits you deserve, contact a local Colorado workers’ compensation law firm for help filing an appeal.
Did you suffer a heat-related injury or illness at work in Denver? We can help!
Whether you’ve suffered heat stroke, heat exhaustion, or another job-related illness caused by extreme temperatures in Colorado, you may be entitled to compensation for your medical bills, lost wages, and more—regardless of what your employer tries to tell you.
At Babcock Tucker, our skilled Denver work injury lawyers know how to push back when employers or insurance companies try to deny legitimate claims or offer you far less money than your claim is worth. We’re here to fight for your rights, help you get the care you need, and make sure you’re treated fairly every step of the way.
Contact the Colorado work injury advocates at Babcock Tucker today for a free consultation, and let us help you get back on the road to recovery.
References
Danielson, M., Coleman, Fenberg, Gonzales, Hansen, J., Lewis, Rodriguez, C., Duran, Kennedy, Daugherty, Mccluskie, M., Jenet, & Mullica, V. (n.d.). SENATE BILL 21-087. Retrieved July 17, 2025, from https://leg.colorado.gov/sites/default/files/2021a_087_signed.pdf
OSHA. (n.d.). Duties | Occupational Safety and Health Administration. www.osha.gov. https://www.osha.gov/laws-regs/oshact/section_5
OSHA. (2022). Heat – Overview: Working in Outdoor and Indoor Heat Environments | Occupational Safety and Health Administration. www.osha.gov. https://www.osha.gov/heat-exposure
Protecting Workers from Extreme Temperatures | Colorado General Assembly. (2025). Colorado.gov; Colorado General Assembly. https://leg.colorado.gov/bills/hb25-1286
WebMD. (2002, November). Understanding Heat-Related Illness — Symptoms. WebMD; WebMD. https://www.webmd.com/first-aid/understanding-heat-related-illness-symptoms
