Preventing Winter Workplace Accidents: What NYC Employers & Employees Should Know

NYC workers’ compensation lawyers explain common safety tips and more

Snow, sleet, ice, and other hazardous winter weather can turn New York City into a dangerous place, especially for anyone who has to work outdoors. But even employees who work in offices or other indoor work spaces face a serious risk of injury or illness during the winter, whether it’s a slip-and-fall accident or a cold-related illness.

This is why New York City businesses and corporations need to do their part to make workplaces as safe as possible for employees during the winter. There are several steps employers can take to prevent winter workplace accident injuries or illnesses.

If you can’t work due to a winter weather-related accident or illness, you can receive workers’ compensation benefits in most cases in New York. This mandatory form of insurance provides money for medical care, replacement income, and other financial losses due to a work-related injury or illness. We know all about this because our New York City workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP have helped numerous people just like you throughout New York.

What are the most common winter-related workplace accidents?

Winter conditions increase the likelihood of several specific injuries that can affect workers across various industries throughout New York City. Understanding these injuries helps employers implement targeted safety measures.

Slip and fall accidents: Snow and ice accumulation on walkways, entryways, and stairs make slip-and-fall injuries a major concern, especially in New York City. According to the US Bureau of Labor Statistics (BLS), roughly 14 percent of all winter-related slip-and-fall injuries occur in New York City. That works out to roughly 5,600 winter slip-and-fall accidents each year in NYC.
Frostbite and hypothermia: Workers exposed to freezing temperatures for prolonged periods face a high risk of frostbite and hypothermia. Construction workers, delivery personnel, and outdoor maintenance staff, in particular, are most at risk since they often work outdoors regardless of the weather conditions that day or night.
Being struck by falling objects: Snow and ice often accumulate on rooftops and scaffolding. If these objects or other materials break loose, they can fall and injure employees below.
Falling from a height: Many workers in New York City work high above the ground outdoors on ladders, scaffolding, and unfinished buildings. Snow or ice collecting on scaffolding, steel beams or girders can make these surfaces slippery and dangerous. And in many cases, some people (especially construction workers) fall and sustain a serious injury or fatality due to hazardous winter weather conditions.
Heavy lifting accidents: After a snow or ice storm in New York City, many employees are responsible for shoveling snow or clearing ice away from sidewalks, stairs, or scaffolding. While doing this hard work, many employees sustain serious injuries caused by lifting wet, heavy snow and ice.
Overexertion: Working outside in cold winter weather can be just as dangerous as extremely hot days, when workers often overexert themselves and sustain serious injuries due to cold weather exhaustion and overexertion.
Cold stress and respiratory issues: Severe cold weather can put extra stress on a person’s body, especially if someone has to work outdoors in extreme cold for several hours at a time. Poorly ventilated workspaces can also cause health problems due to severe cold. In such cases, it’s common for workers to develop cold weather respiratory issues like hypothermia.

What are common winter-related injuries and illnesses?

There are many different types of work-related injuries and illnesses employees can develop due to snow, ice, and other winter-related weather conditions in New York City. Some of the most common – and most severe – winter workplace injuries and illnesses include:

Concussions and other types of traumatic brain injuries (TBIs), especially due to slip-and-fall accidents or falls from a height during winter.
Frostbite, which can be severe and can cause the skin, tissues or muscles to freeze. In severe frostbite cases, injury victims could suffer permanent skin damage or even have to have frostbitten fingers or toes amputated.
Broken bones and bone fractures, especially skull fractures, broken arms and broken legs.
Muscle sprains and strains, especially lower back injuries due to shoveling snow or other winter weather-related work.
Heart attacks due to overexertion caused by working in extreme cold.
Respiratory problems caused by working outdoors in severe cold weather.
Spinal cord injuries caused by falling from a height in winter.

What should employers do to prevent winter-related workplace accidents?

Employers should take proactive measures to prevent winter-related injuries. In general, this means creating a workplace culture that prioritizes workplace safety. Some effective strategies for achieving this goal during the winter include:

Conduct regular safety training: Winter brings unique hazards that require special attention. Regular safety training can remind employees of best practices, such as walking carefully on icy surfaces or using snow removal equipment correctly.
Implement a winter safety plan: Having a written plan that outlines specific protocols for winter weather can help minimize risks to employees and provide workers with a road map for what to do in the event of a winter-related injury.
Inspect and maintain facilities: Regular inspections can help identify and address winter hazards before they lead to accidents. Facilities should be checked regularly for ice accumulation, poorly lit areas and other potential dangers.
Document all safety efforts: Documentation is critical in the event of a winter-related workplace injury. Under New York State law, employers are required to keep inspection records that prove they conducted mandatory safety inspections.
Document workplace injuries: If a winter-related injury or accident occurs at work, employers are required to document such injuries and report them to the appropriate authority. In New York City, most employers must report all workplace injuries to the New York State Workers’ Compensation Board and the Occupational Safety and Health Administration (OSHA) in cases involving a workplace fatality or any workplace injury that requires hospitalization.

How can NYC employers prevent slip and fall accidents in winter?

Preventing slip and fall accidents is a major priority during the winter months. Here are a few practical steps NYC employers should take to keep workers safe:

Regular snow and ice removal: Clear snow and ice from walkways, parking lots, and entryways as soon as possible. NYC employers may also need to coordinate with property managers to ensure that areas around the building are safe.
Use salt or sand on walkways: Apply salt, sand, or ice melt on high-traffic areas to increase traction and reduce the risk of slips. These materials should be replenished as needed to maintain safe conditions.
Place warning signs: Put up signs in areas where floors or walkways may be slippery, such as near entrances where snow or ice often collects. Clear signage can remind employees to exercise caution, especially on days when snow and ice accumulation is significant and poses a serious risk to employees.
Provide non-slip mats: Place non-slip mats at entrances to prevent water from snow or ice from creating slick surfaces indoors. Mats should be large enough to allow employees to thoroughly wipe their shoes before entering the workspace.

What can employers do to protect outdoor workers from cold-related injuries?

Outdoor workers in NYC face unique risks in winter, including frostbite and hypothermia. OSHA (Occupational Safety and Health Administration) has guidelines in place to help employers protect employees in cold conditions:

Provide cold-weather gear: Employers should supply workers with insulated gloves, jackets, hats, and waterproof boots to protect against the elements. Workers who are properly equipped are less likely to suffer from frostbite and hypothermia.
Schedule warm-up breaks: Allow outdoor workers to take regular breaks in heated areas. For example, construction sites should have heated break areas where workers can take shelter from freezing temperatures on a regular basis.
Educate workers on cold stress: Cold stress can lead to serious health issues. Employers should train workers to recognize the symptoms of frostbite and hypothermia, such as numbness, shivering, and confusion, and encourage them to report any signs immediately to their supervisor.
Monitor weather conditions: Employers should monitor weather reports and consider adjusting work schedules when extreme cold or severe snowstorms are forecasted. Reducing exposure to extreme conditions can prevent potentially life-threatening cold-related injuries.

How should employers handle snow removal and shoveling tasks?

Many NYC employers assign snow removal duties to maintenance or custodial staff, increasing the risk of back strains and injuries. Here’s how to manage these tasks safely:

Provide ergonomic shovels: Proper equipment can make a significant difference. Employers should supply ergonomic shovels that reduce strain on the back, making it easier and safer for employees to clear snow without sustaining a lower back injury or other shoveling-related injury.
Train on proper lifting techniques: Educate workers on safe lifting practices to prevent injuries. For instance, workers should lift snow with their legs, not their backs, and avoid twisting motions while shoveling snow.
Encourage frequent breaks: Snow shoveling can be exhausting and physically demanding. Regular breaks help reduce fatigue, which is a leading cause of injuries during snow removal.
Use snowblowers if possible: When feasible, snowblowers can reduce the physical strain on workers and make snow removal safer. Provide employees with safety training so they know how to safely operate snowblowers and other snow removal equipment.

What are the legal requirements for winter workplace safety in NYC?

Under New York State law, employers are legally obligated to provide a safe working environment for employees, especially during harsh winter weather. Failing to do so could result in legal consequences, including fines or other penalties against the employer. Sick or injured workers may even be able to take legal action against their employer for acting in a negligent or reckless manner in certain circumstances.

Some of the state and federal laws and legal protections employers in New York City must abide by to protect employees from winter-related injuries or illnesses include:

General duty clause: OSHA requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This clause applies to winter hazards such as icy walkways and cold exposure.
New York workers’ compensation laws: If an employee is injured due to winter conditions on the job, they are entitled to workers’ compensation benefits. This includes medical expenses, lost wages, and, in some cases, compensation for permanent disabilities.
Local laws on snow and ice removal: NYC regulations require property owners and managers to clear sidewalks within a specific timeframe after a snowstorm. (Depending on the time of day, the deadline for removing snow from sidewalks in New York City can be anywhere from 4 to 14 hours after the snow stops falling.) NYC employers should be aware of these regulations, as failing to comply could contribute to workplace injuries and potential legal consequences.

What should NYC employees do if they are injured at work during winter?

If you, a loved one, or a co-worker is injured on the job due to winter-related hazards in New York City, you have rights under New York’s workers’ compensation laws. Here are steps to take in these situations:

Report the injury promptly: Employees should notify their employer of the injury as soon as possible. Technically, injured workers have up to 30 days to notify their employer about any work-related injury. However, the sooner an injured employee notifies their employer, the better in most cases. Otherwise, there could be delays in receiving workers’ compensation or other benefits.
Seek medical attention: Immediate medical attention is crucial, even for injuries that seem minor. Medical documentation is also necessary in order to receive workers’ compensation benefits.
Document the injury: If possible, take photographs of the location where the winter-related injury took place, especially if there’s snow or ice on the ground and such hazardous weather conditions contributed to your accident.
Get witness information: If someone saw your injury, make sure you get the person’s name and phone number, especially if they’re not a co-worker. That way, workplace accident investigators can talk to the witness who saw your injury when compiling evidence in support of your workers’ compensation claim or other benefits.
File a workers’ compensation claim: Workers should file a claim with the New York State Workers’ Compensation Board to seek benefits. An experienced NYC workers’ compensation lawyer can help guide injured employees through the process and make sure they receive the benefits they’re entitled to under New York’s workers’ compensation system.

What rights do injured workers have in NYC?

Injured workers in NYC have specific rights under state law, especially when an injury occurs in the workplace. Here are key rights that employees should know:

Access to workers’ compensation benefits: Injured workers are entitled to benefits under New York’s workers’ compensation system, covering medical treatment, lost wages, and more.
Protection against retaliation: It’s illegal for employers to retaliate against employees who file workers’ compensation claims. Workers have the right to seek compensation without fear of losing their jobs or facing other repercussions.
Right to legal representation: Workers can consult a workers’ compensation lawyer to navigate the claims process and ensure they receive full benefits. A lawyer can also help if the claim is disputed or denied.

Why should I hire a NYC workers’ compensation attorney?

Winter weather conditions create unique risks in New York City workplaces. Unfortunately, many hazardous winter conditions result in serious workplace injuries or illnesses. When this happens, it’s critical that employees fully understand their legal rights.

Seeking legal advice from an experienced New York City workers’ compensation attorney can ensure you don’t overlook possible sources of income for your financial losses. Our legal team thoroughly understands the city, state, and federal laws governing employers in New York City, especially when it comes to winter-related accidents, injuries, and illnesses.

Give your legal case the best opportunity for success. Contact our law firm and schedule an appointment with a New York City workers’ compensation attorney who puts your best interests first. We have 12 offices conveniently located in New York, including one on Flatbush Avenue in Brooklyn.

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