Managing Member Alan Brackett and Associate Lejla Alibasic are co-authors of a workers’ compensation “Attorney Analysis” column for Reuters Legal News and Westlaw Today. Following is their recent article, “From heatwaves to hurricanes — Workers’ compensation in an era of extreme weather.”
From Heatwaves to Hurricanes: Workers’ Compensation in an Era of Extreme Weather
Climate change is reshaping weather patterns and increasing risks posed by extreme weather events. The frequency of weather-related disasters has risen drastically over recent decades, with more heatwaves, stronger storms, and severe flooding and wildfires.
This unprecedented era of climate change has created a new category of issues in the workers’ compensation arena. Employers, regulators, and courts are now forced to determine what is considered a workplace hazard, how occupational causation is established, and whether workers compensation is an exclusive remedy in workplace injuries involving extreme weather.