According to the National Safety Council, construction is the most dangerous industry to work in because it has the highest number of worker fatalities. According to the Bureau of Labor Statistics, construction accidents cause 1,000 deaths and 200,000 injuries yearly. Weather-related problems make this already dangerous occupation even more so. Construction workers face additional risks and may have to brave the elements due to changing weather.
New York experiences all four seasons, which can be a relief for many people. However, this characteristic imposes additional burdens on construction employers who must prepare workers for changing weather to protect them from construction site accidents. Unfortunately, some of these employers choose not to uphold their legal responsibility and allow workplace accidents to occur that could have been avoided had they implemented proper safety protocols.
If you or a loved one has been injured in a weather-related construction accident, Powers & Santola, LLP can help. Our experienced personal injury lawyers can review your case during a free consultation and explain your legal options. Call us today to learn more about how our legal team can help.
Construction Accidents and Adverse Weather
Weather-related accidents are a common cause of fatal construction accidents and work-related injuries. Workers can suffer severe injuries, including traumatic brain injuries, spinal cord injuries, and internal injuries, due to accidents caused by conditions such as:
- Ice
- Snow
- Sleet
- Hail
- Rain
- Fog
- Wind
- Slush
- Freezing temperatures
- Heat
These weather conditions can create unique hazards on construction sites and pose dangers to outdoor and indoor construction workers. Building owners, general contractors, and other parties are legally obligated to protect workers against these construction site hazards. Because of the hazardous conditions various weather conditions can present, they may need to take additional steps to protect them beyond traditional safety measures.
Below, our personal injury attorneys discuss various weather conditions, the unique safety hazards they represent, and how construction companies can protect their workers from them.
Working Construction in Cold Weather
According to OSHA, winter weather presents various hazards for workers, including slippery roads and surfaces, strong winds, and cold temperatures. It asserts that employers must prevent illnesses, injuries, and fatalities by controlling these safety hazards caused by winter weather.
Possible Injuries Caused by Winter Weather
Construction workers may be exposed to freezing temperatures, ice, snow, and high winds, which can create unique dangers in the workplace. Common workplace injuries may include:
- Fall injuries – Outdoor workers may slip on wet surfaces or fall from roofs, ladders, or scaffolding. High winds can also increase the likelihood of falls. Construction accident injuries from falls can be serious, including traumatic brain injuries, spinal cord injuries, back injuries, and broken bones.
- Motor vehicle accident injuries – Slick roads can make it more difficult for motorists to navigate construction sites safely. Construction workers may also have difficulty getting adequate traction when driving vehicles such as cranes, dump trucks, or forklifts. Motor vehicle accidents can result in serious and even fatal injuries.
- Frostbite – The Centers for Disease Control and Prevention (CDC) warns that workers may develop “cold stress” from environmental factors such as wind speed, dampness, and near-freezing temperatures, which can decrease skin and body temperatures, potentially causing tissue damage. Frostbite injuries can occur when workers are subjected to below-freezing temperatures and their skin and tissue become frozen.
- Hypothermia – Hypothermia occurs when your body temperature falls below 95 degrees. This condition can be life-threatening.
- Trench foot – Trench foot is an injury that occurs when a worker’s foot has prolonged exposure to cold temperatures.
- Carbon monoxide poisoning – Construction workers may develop carbon monoxide poisoning if a malfunctioning heater or gas-powered equipment is used indoors.
With proper precautions, construction site owners can prevent many of these winter weather-related injuries.
Ways to Prevent Winter Weather Construction Accidents
Some ways that employers can prevent construction worker injuries during winter weather include:
- Canceling or postponing work – Construction companies should carefully monitor winter weather, including wind chill factors, and cancel or postpone work if it is dangerous to complete.
- Removing hazards – Employers may be able to salt, de-ice, or otherwise remove snow, ice, or rain to make it safer for workers to perform their jobs.
- Providing personal protection equipment – Some workplace injuries can be prevented when employees have good blood flow and proper PPE.
- Conducting inspections – Employers should monitor their workplace to identify and correct any hazards that could cause construction worker injuries.
- Performing routine maintenance – Employers may be able to perform routine maintenance during warmer months to prevent on-the-job injuries.
Inclement Weather and Construction Site Accidents
Any type of precipitation can pose potential hazards. Possible construction accidents that can happen because of inclement weather include:
- Motor vehicle accidents – Slippery roads increase the likelihood of motor vehicle accidents. When commercial vehicles are involved, fatal injuries may result.
- Slips and falls – Construction workers can fall from scaffolding, ladders, and cranes, resulting in catastrophic injuries.
- Falling objects – Slippery surfaces can make it difficult to grip tools, building materials, and equipment, increasing the likelihood of construction injuries caused by falling objects.
- Caught in/between accidents – Bulky materials, oversized loads, and heavy equipment are more unstable during stormy weather, which can cause workers to be caught in between or crushed by objects.
- Building collapses – When buildings are not constructed per code, they may be more likely to collapse during inclement weather, posing a serious hazard for construction accident injuries.
- Trench and tunnel collapses – Trenches and tunnels are more likely to collapse in damp weather or when rain or snow accumulates.
- Electrocution – Power lines may go down during storms, creating electrical hazards for construction workers. Lightning strikes are also possible during stormy weather.
- Weather-related injuries – Hypothermia, trench foot, and other weather-related injuries can occur even in warmer weather. These injuries are possible when construction workers are chilled because of rain, cold water, or sweat.
Property owners, employers, and contractors can prevent these physical injuries and others by complying with OSHA regulations, New York State labor laws, and construction codes. This compliance can mitigate the risk of construction worker injuries.
Construction Dangers in High Winds
Even in the absence of precipitation, wind can pose additional hazards to construction workers. High winds can blow cranes around or cause them to collapse, which can harm workers on construction sites. They can also cause materials to blow off trucks that are transporting them. Some winds are so intense they can cause structures to collapse or vehicles to topple over.
High winds can also knock down trees and power lines, which can lead to electrocution, fires, or explosions at construction sites. Workers can be hit by falling debris or materials.
Construction employers can prevent these injuries by following labor laws, including not using cranes in high winds.
Heat-Related Construction Injuries
The summer months in the northeast can cause workers to suffer heat-related injuries, such as heat stroke and heat exhaustion. OSHA reports that 50 to 70% of outdoor workplace fatalities occur within the first few days of working in hot or warm environments.
Preventing Weather-Related Construction Accidents
New York employers are required to provide a safe workplace, no matter what time of year it is. They can follow these tips to address potential hazards during the following weather phenomena:
Winter Weather
Employers must be aware of hazardous conditions that can form in the workplace due to cold temperatures and the presence of ice or snow. Some precautions they can take to avoid winter weather-related accidents and injuries include:
- Establish safety protocols to identify and remove hazards caused by cold weather
- Limit construction workers’ exposure to extreme weather conditions
- Switch workers or minimize shifts so that workers are not subject to the element for prolonged periods
- Provide construction workers with weather-protective gear and proper PPE
- Monitor construction workers for signs of cold stress
- Perform routine repairs and maintenance during warmer weather
- Ensure reliable forms of communication for workers in remote areas
Rain and Fog
Some of the ways that employers can protect construction employees from rain and fog include:
- Reschedule workers for safer work times
- Create a fall risk assessment plan
- Promptly clean up all wet surfaces and tools workers will use
- Provide adequate lighting and signage so workers are aware of construction hazards
- Require proper footwear
- Develop additional construction safety protocols as needed
Heat
Recommendations from OSHA and the CDC to reduce heat stress include:
Use a buddy system and heat alert system
Schedule new workers to work shorter amounts of time in the heat so they can get acclimated to the weather conditions
Implement engineering controls, such as increasing air velocity and using heat-absorbing barriers
Provide more frequent rest breaks
Increase the number of workers
Provide a sufficient supply of water
Train supervisors and workers about symptoms of heat-related illness
Monitor workers for signs of heat stress
Legal Options Following a Weather-Related Construction Accident
If you are harmed on the job because your employer failed to take necessary precautions to prevent injuries or someone else’s negligence is responsible for your injuries, you may have various legal options. You may be able to seek workers’ compensation benefits. If your employer violated the scaffolding law or other relevant labor laws, they may be strictly liable for your injuries, more than what they would pay in workers’ compensation benefits.
You may also have a third-party liability claim against someone other than your employer if they contributed to your injuries. For example, you may have been injured by a negligent motorist who hit you while you were working or due to an electrical short in a piece of defective construction machinery. An experienced personal injury lawyer can evaluate if you have other negligence claims you can assert to maximize compensation.
What to Do After a Construction Accident Caused by Weather
If you are involved in a construction accident, knowing the immediate steps you should take to protect your health and legal rights is helpful. These include:
Seek Medical Attention
In New York, you generally have the right to choose your own doctor as long as they are authorized by the New York State Workers’ Compensation Board. If you suffered severe injuries, seek immediate medical attention, likely by going to the nearest emergency room. Keep all of your medical records to help with your workers’ compensation and personal injury claims.
Report the Accident
You are required to report the incident within 30 days for workers’ compensation benefits, but you should notify your employer as soon as possible. You can report the accident verbally, but you should also follow up with a written record of the accident.
Document the Scene
If possible, try to document the accident scene. Ask any witnesses for their names and contact information. Take pictures of the hazards that led to the accident and your injuries. Keep the clothing and shoes you were wearing at the time of the accident.
Contact a Lawyer
Contact an experienced attorney for help navigating the claims process. Personal injury lawyers work on a contingency-fee basis, so you do not pay anything for their legal services unless they recover compensation on your behalf.
Contact an Experienced Construction Accident Lawyer for a Free Consultation
If you were injured in a weather-related construction accident that could have been prevented, our personal injury attorneys at Powers & Santola, LLP, can help. Our lawyers have decades of legal experience and have recovered millions of dollars in financial compensation for our clients. We have the skills and resources to answer your questions, investigate the accident, and fight for the compensation you deserve. Call us today or contact us online for a free consultation.
