New York Weather Related Construction Accident Lawyers

As a resident of New York City, you may delight in changing autumn leaves or the crunch of freshly fallen snow as you walk through Central Park. Yet, New York seasons are not always pleasant. The weather can be unpredictable, wreaking havoc for New York construction site workers.

If you or your loved one is a construction worker who has been injured on the job, dealing with the stress of the situation may feel like a storm itself. You may wonder about your family’s prospects and how your accident will affect your life.

A construction accident lawyer can be compared to a strong, protective shelter in a fierce storm. When you work with Hill & Moin, you will feel like you have a lawyer in the family standing by to help you secure your future means of living under our professional guidance. To gain an understanding of your rights to fair workers’ compensation and damages, call us at (212) 668-6000 for a free New York construction accident case review.

Learn Your Rights as a New York Construction Worker

Unfavorable New York weather conditions may increase the likelihood of a construction accident. For instance, in 2017, the US Bureau of Labor Statistics reported 20,460 accident injuries related to ice, sleet, and snow. Of those injury cases, 14 percent happened in New York. As a construction worker, you may work outdoors often, leaving yourself vulnerable to accidents.

Considering just ice-related accidents alone, our NYC construction accident team has recovered millions of dollars in damages, including one $2 million settlement for a single client. Our experience and knowledge of New York laws may help you get the compensation you deserve for pain and suffering, lost wages, and medical expenses. All you have to do is contact personal injury lawyers today to get started with a free weather personal injury consultation.

Perhaps you are unsure if weather conditions played a part in your construction accident injury. Or you may have been receiving workers’ compensation checks since you were injured on the job and you don’t know if you are entitled to more.

Let’s look at some construction accident injuries to help determine if you qualify for benefits under New York liability or labor law.

Falls from ladders

Climbing ladders always carries the risk of injury. Ladders may break or collapse, especially if not properly secured. Laborers may slip or lose balance. Rain, wind, and ice may increase the dangers of using a ladder.

Despite how common ladder construction accidents are in the New York City construction industry, you may feel a degree of responsibility for your injury. Perhaps you moved the ladder from its secure position or you did not open it fully before you stepped and it collapsed by accident.

However, workers’ compensation insurance is a no-fault system. Except in rare cases, a competent injury lawyer can enforce your right to collect benefits even if you made a mistake or if you are an undocumented worker.

Employers also must do their part to keep the working environment safe. To prevent construction accidents, the Occupational Safety and Health Administration (OSHA) encourages construction site managers to:

1. Train employees how to work safely on elevated heights
2. Provide fall protection gear
3. Teach ladder safety
4. Clear ice and snow from surfaces
5. Take extra safety precautions near power lines
6. Limit worker exposure to extreme temperatures and physical exertion

Injuries due to ice or snow

Weather conditions may create obstacles on the surface of the ground, causing New York construction workers to slip and fall. For example, if the sidewalk is cracked and uneven, snow can hide these imperfections in the pathway that you would otherwise detect and avoid easily. Rain and ice can also make the pavement more wet and slippery.

To keep construction sites reasonably safe, employers should:

1. Keep walking surfaces free of snow and ice by shoveling or spreading deicer
2. Train workers to walk in slow, short steps so as to be able to react quickly if they lose traction
3. Encourage or provide suitable footwear (e.g. insulated, water-resistant boots with thick rubber treads)

Construction employers must follow strict OSHA guidelines to keep workers safe. The OSHA website explains the obligations of New York companies as regards to weather-related construction accidents: “Employers must prevent illnesses, injuries, or fatalities, by controlling these hazards in workplaces impacted by winter weather.”

Workers’ compensation covers job-related construction site accidents. But when someone else’s negligence was a factor in your personal injury, you have the right to hold the liable party responsible for your construction accident. This principle applies to property owners, construction site supervisors, product manufacturers, distributors, and fellow workers.

Contact a construction accident attorney today if you have slipped or fallen from any height, involving but not limited to:

• Stairs
• Lifts
• Hoists
• Scaffolding
• Rooftops

Injuries related to cold weather

Construction workers who work outside in cold weather may face temperatures during the winter months of New York that range from 27 to 45 degrees Fahrenheit. New York City construction site managers should thus be aware of potential hazards that accompany high wind chill temperatures and take actions to protect you from cold injuries.

To illustrate, imagine that the weather report indicates a strong wind chill factor for the day. Your shift supervisor assigns you a physical construction task. You begin to sweat, but chilling winds cause your body to lose heat. If you are unable to warm yourself, your tissues may suffer permanent injury. You could lose a finger or a toe or even die. Injuries of this kind are called cold stress injuries. Symptoms include red skin, tingling, pain, swelling, leg cramps, numbness, and blisters.

Frostbite, trench foot, and hypothermia are all cold stress disorders. Since the Occupational Safety and Health Act of 1970, employers were given the duty to protect their workers from cold weather hazards. Construction managers are expected to train workers to handle dangerously cold weather, to keep an eye on their workers’ physical conditions, and to schedule frequent breaks to warm up and drink hot beverages.

Heat-related illnesses

Temperatures in a New York summer regularly reach 80 degrees Fahrenheit or above. According to OSHA, thousands of workers become ill and dozens even die from working in extreme heat or humidity. Heat disorders fall into 3 categories: heat cramps, heat exhaustion, and heatstroke.

New York laws require employers to manage the risk of heat exposure. They must take into account the extra stress that respirators and other work gear place on a worker.

OSHA states that construction companies should have a 3-faceted heat illness prevention program in place to protect workers and contractors from high temperatures.

1. Water: Construction employees must have drinking water during their working period.

1. Rest: Workers should be allowed breaks to rest, especially during the hottest hours of the day. New (or returning) workers should be able to take more frequent breaks as they get used to working in heat. Attention should be given to their workloads, if possible, gradually increasing it only after they have built a good tolerance for high temperatures. Employers should monitor for signs of illnesses. There should be an emergency plan to follow if workers fall sick.

1. Shade: Workers should have access to a shady area to rest and drink water.

If an employer wants his construction workers to work outdoors, he or she should know the hazards of heat and cold. He or she has the duty to evaluate risks and to protect you from personal injury.

If you suffered a construction accident injury or illness due to extreme temperatures, you don’t have to handle your case alone. While you recover from your injury, why not learn how a Hill & Moin New York City construction attorney may pursue your legal rights and get you the workers’ compensation you need to take care of your family? Call (212) 668-6000 to get started.

Lightning

Lightning strikes kill an average of 20 Americans per year. Hundreds more suffer injuries because they tend to underestimate the threat of thunder and lighting. For this reason, OSHA implores employers to prioritize lightning education and safety procedures to prevent more weather-related construction accidents.

When working outdoors, you are at the highest risk of a lightning injury if you are on or near tall or conductive objects or in an open space. The National Oceanic and Atmospheric Administration (NOAA) warns that “no place outside is safe when a thunderstorm is in the area.”

Your employer should check weather reports before beginning outdoor work. If hazardous weather conditions are predicted, he or she should consider rescheduling work until the threat of thunderstorm activity passes.

If your employer did not have a written Emergency Action Plan or did not follow it, he or she may be liable for your injuries during work hours. OSHA prohibits working on or from scaffolds, crane hoists, or the tops of walls during storms and high winds. If you contact Hill & Moin, a New York personal injury lawyer can help you identify any potential violations and take proper action to file a claim.

High winds

Strong winds may blow over ladders or other scaffold equipment, increasing the chance of a fatal construction accident. However, little work would get done if workers had to wait for a breezeless day. So construction managers must make daily judgment calls about the risk posed by winds.

If a supervisor does decide that the winds are safe, he or she may still provide personal fall protection. That way, if wind drafts rattle your equipment or suddenly intensity, such devices can stabilize or catch you before a construction accident occurs.

Strong gusts commonly stir up dust, sand, trash, and other materials found on construction sites. Some employers may thus place temporary barriers throughout the job site to shield workers from flying debris that may cause injuries. Mesh windscreens may help keep materials within the construction site premises to protect passersby from injury.

Tree limbs and street signs may loosen and break during high winds. Items may also fall off of nearby balconies or roofs. Tornado or hurricane-strength winds can even push or flip vehicles or trailers.

Thus, if your job involves driving, your employer will need to determine the likelihood of an accident, given current weather conditions. NOAA advises the postponement of outdoor activities if a local weather station issues a wind advisory. If you are asked to work during a high-wind warning, contact a lawyer immediately to learn about your rights.

Electrocution Accidents

High winds may knock down power lines, so construction workers must be careful when working around live wires. NOAA warns to avoid touching anything that is in contact with a downed power line, including vehicles, tree branches, puddles, and wet or snow-covered ground.

To comply with OSHA regulations, employers may train workers about electrical hazards. They should also use qualified electricians, install a grounding system, and inspect electrical components regularly, especially after lightning storms.

What You Can Do About Your Weather-Related Construction Accident

Weather may contribute to wildfires, building collapses, car accidents, and a wide variety of construction accidents. The weather of New York, NY, may be unpredictable, but you and your fellow construction workers always deserve “a safe and healthful workplace free from serious recognized hazards.”

If you were injured on the job, it could be that someone failed to provide you the security you needed to perform your work duties safely. Workers’ compensation is helpful, but you may be entitled to additional compensation if your accident injuries resulted from negligence.

Don’t wonder about your rights! Learn how a construction accident attorney can bring you relief in your time of need by taking advantage of your Personal Injury Recovery SolutionsⓇ in a free personal injury legal consultation.