Between 2011 and 2022, approximately 34,000 heat-related workplace injuries resulted in 479 fatalities, according to data from the U.S. Bureau of Labor Statistics. Construction workers account for a disproportionate share of that toll. Now, with NCCI formally designating heat exposure as the top emerging workers’ compensation risk for outdoor industries in its 2026 legislative and regulatory issues report, the financial stakes for contractors are no longer a future concern, they’re a June problem.
Why Construction Bears the Greatest Exposure
NCCI’s 2026 analysis found that heat-related claims are increasing across every industry sector, but the largest impact is concentrated in outdoor work — construction, natural resources, and landscaping at the top of the list. The combination of physical exertion, direct sun exposure, heavy protective equipment, and inconsistent hydration creates a perfect storm for heat exhaustion and heat stroke on active job sites.
What makes this particularly important from an insurance standpoint: heat-related claims tend to be more severe and more expensive than typical soft-tissue injuries. A worker hospitalized for heat stroke faces extended recovery, potential neurological complications, and a claim that can linger on your loss run for years. A single high-cost heat claim can meaningfully move your experience modification rate which then follows you into every workers’ comp renewal and every bonded project bid for the next three years.

The Experience Mod Multiplier Effect
Your experience modification rate (EMR) is calculated using your actual losses compared to expected losses for contractors of your size and classification. Heat claims don’t just cost you money once; they cost you money every year until the claim ages off the three-year window used in the EMR formula.
A claim that costs $40,000 in medical and lost-time benefits can translate to significantly more than that in premium increases over three policy years, depending on your payroll base and expected losses. For contractors bidding public projects or work that requires prequalification, a rising EMR also affects your ability to compete. Many general contractors and project owners set EMR thresholds (commonly 1.0 or lower) for bid eligibility.
What You Should Be Doing Before Peak Summer Arrives
June is National Safety Month, and the National Safety Council’s Week 4 theme, Wellbeing, speaks directly to this issue. The good news is that heat-related illness is almost entirely preventable with consistent, documented protocols. The bad news is that “almost” still generates claims when protocols aren’t enforced or aren’t in writing.
A credible heat prevention program for construction should include:
- A written heat illness prevention plan specific to your job sites (not a generic template)
- Mandatory rest-and-shade schedules tied to temperature and heat index thresholds, following OSHA’s heat index guidance
- Documented crew-level training — not just toolbox talks, but signed acknowledgment of heat illness recognition and response procedures
- An acclimatization protocol for new workers and returning employees after time off
- Emergency response procedures with clearly designated roles if a worker shows symptoms
Documentation is not bureaucracy here. It is your defense in a claim and your evidence of good faith in an audit.
Connecting Heat Safety to Your Broader WC Strategy
Carriers and underwriters are paying attention. Contractors who demonstrate a structured, proactive approach to heat illness prevention are better positioned at renewal and less likely to see their programs singled out as high-risk during market tightening. Your workers’ compensation program should reflect your real-world safety investments, not just your past claim history.
If your current program doesn’t have formal return-to-work protocols alongside your safety plan, this is the moment to build them. A worker who recovers and returns to modified duty costs significantly less on a claim than one who remains on full disability through a prolonged recovery. For guidance on how these programs integrate with broader risk management strategy, RIMS resources on occupational health offer a practical starting point.
Learn more about how specialty programs for construction businesses are structured to account for seasonal risk exposure — including what underwriters are looking for when they price heat-prone operations this time of year.
Ready to take a closer look at your workers’ comp program before the summer heat peaks? The team at Tooher-Ferraris has been helping construction businesses manage their risk and protect their programs since 1932. Contact us today to schedule a no-obligation consultation.





