Who’s Responsible for Snow and Ice Injuries at New York City Worksites?

NYC workers’ compensation lawyers explain who’s liable in such cases

Slip and fall injuries in New York City due to ice or snow often result in serious injuries, including back injuries and head injuries, especially concussions and other types of traumatic brain injuries (TBIs).

But what happens if you get hurt due to snow or ice in New York City while you’re at work? Can you receive workers’ compensation? Who’s legally responsible for paying for your accident-related expenses? Your employer? The property owner? Or another business?

The answers often depend on a number of factors, including where your accident took place at work and other issues. Our New York City workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP explain how the system works for injured workers in New York City.

How common are winter weather-related workplace injuries?

The numbers are clear – winter-related workplace injuries occur nationwide. Each year on average, roughly 40,000 people get hurt at work nationwide due to snow, ice or sleet, mostly due to slip-and-fall injuries, according to workplace accident data compiled by the U.S. Bureau of Labor Statistics (BLS).

As for New York City, workers there in particular face a high risk of getting hurt in the winter due to snow, sleet or ice. In fact, 14 percent of all winter weather-related injuries nationwide occur in New York State. That works out to roughly 5,600 workplace injuries in New York due to ice, snow or sleet.

And it’s not just ice or snow that New York City workers need to be careful about when working. Extreme cold can be dangerous as well, especially when combined with snow and ice. Each year in New York City, for example, more than 1,100 people need to be taken to a hospital emergency room for cold weather-related injuries in the city, according to data collected by the City of New York City.

Where do winter workplace injuries occur in New York City?

As you might suspect, many New York City workplace injuries in winter occur due to slipping and falling on ice, sleet or snow. These injuries often occur on ice or snow-covered sidewalks at work. Other places where winter workplace injuries often occur are in parking lots, especially after a blizzard, snow or ice storm.

But perhaps one of the most dangerous places for workers who work outside during the winter is construction sites. This is because snow and ice can collect on the ground, on scaffolding and on unfinished buildings being constructed. And because many construction workers in New York City work high up in the air on tall skyscrapers, falling from a height due to snow or ice can result in severe injuries or fatalities.

What are common winter workplace injuries in New York City?

Winter weather conditions in New York City create a variety of hazards for workers, especially those in outdoor and construction jobs. Snow, ice, and cold temperatures increase the risk of workplace accidents and serious injuries, including:

Head injuries, including concussions: These injuries are common during winter, especially due to slip and fall accidents on icy surfaces. Workers who fall may hit their heads on hard pavement, leading to concussions or more severe traumatic brain injuries. Construction workers and delivery personnel navigating slick surfaces face higher risks of falls, which can result in symptoms such as headaches, dizziness, and memory loss. Employers should ensure that areas are properly cleared of snow and ice, while workers should wear helmets when possible to reduce the impact of falls.
Neck injuries: Neck injuries often occur when a person falls and twists unexpectedly, causing strain or whiplash in the neck area. In icy conditions, workers can lose their balance and attempt to break their fall, leading to sharp, jerking movements that strain the neck muscles or even damage soft tissues. These injuries can result in pain, limited mobility and may require physical therapy or long-term treatment. Neck injuries can be especially problematic for those whose jobs require repetitive movements or heavy lifting.
Back injuries, including spinal cord injuries: Back injuries are prevalent in winter, especially for workers involved in shoveling snow, lifting heavy objects, or performing tasks on icy surfaces. These conditions increase the likelihood of muscle strains, herniated discs, and even spinal cord injuries. In severe cases, spinal cord injuries can lead to long-term disability, chronic pain, and a reduced quality of life. Workers should be trained on proper lifting techniques and employers should consider ergonomics and provide the necessary tools to minimize strain on the back.
Broken bones and bone fractures: Winter weather can lead to broken bones and fractures, especially in the arms, wrists and legs. When workers fall on ice, they often instinctively try to catch themselves, leading to fractures in their hands, wrists, or arms. Falls from ladders or other elevated surfaces, common during outdoor maintenance or snow removal, increase the risk of more severe fractures, such as in the legs or hips. Immediate medical attention and possibly surgery may be required for recovery, along with extended rehabilitation.
Frostbite and hypothermia: Exposure to extremely cold temperatures puts workers at risk for frostbite and hypothermia. Frostbite damages the skin and tissues, particularly in areas like the fingers, toes, ears and nose. Hypothermia occurs when body temperature drops dangerously low, affecting heart rate and body functions. Both conditions can have severe consequences if not treated promptly. Workers in construction, delivery, and outdoor maintenance face these risks regularly and need proper protective clothing and periodic warm breaks.
Cold stress and respiratory issues: Cold stress affects the body’s ability to maintain a stable temperature, leading to fatigue, confusion, and increased susceptibility to illness. Prolonged exposure to cold can also irritate the respiratory system, especially for workers who already have asthma or other respiratory conditions. The cold, combined with poor air quality, can exacerbate breathing issues, leading to coughing, shortness of breath, and chronic respiratory problems. Employers should provide heated areas or breaks for workers to prevent these conditions.
Internal injuries: Such injuries can occur in severe slip-and-fall accidents, especially if a worker lands on a hard surface or is struck by falling ice or debris. Such injuries may affect organs like the liver, spleen or kidneys, leading to internal bleeding, bruising, or damage that might not be immediately visible. Symptoms can sometimes take hours or days to appear, making it essential for workers to seek medical attention after a significant fall or accident. Internal injuries require thorough medical evaluation and often involve long-term recovery.

Can workers receive workers’ compensation for winter-related injuries?

Yes. In nearly every case, employees who sustain an injury on the job in New York City can receive workers’ compensation, a state-mandated form of insurance that most employers are required to have and which provides financial assistance to workers who become injured or sick on the job.

Weather-related workplace injuries involving snow or ice are no different than other on-the-job injuries. All of them are covered by workers’ compensation and provide money for medical care, replacement income and other financial losses due to a NYC workplace injury or illness.

Are there other types of compensation for NYC workers injured in winter?

Yes. Depending on the circumstances surrounding your workplace injury, you may be able to obtain additional financial compensation on top of the workers’ compensation benefits you are eligible to receive in New York.

In particular, New York City workers who sustain an injury due to snow or ice may be able to take legal action against the at-fault party depending on how the injury occurred. The key to such legal cases often involves proving that the at-fault party acted in a reckless or negligent manner.

It’s also important to remember that if such a lawsuit is successful, the injured worker can still receive workers’ compensation benefits in New York. One form of compensation does not cancel the other one out. Any financial verdict awarded to an injury victim would be in addition to the workers’ compensation benefits received by sick or injured workers in New York City.

Can injured workers sue their employer after a NYC winter workplace injury?

In most cases, if someone sustains a winter weather-related injury in New York City, they cannot take legal action directly against their employer. This is why workers’ compensation exists – to provide compensation for injured workers and to protect the legal rights of employers.

The only possible exceptions when someone may be able to sue their employer for a winter-related workplace injury include:

The company falsified records, including safety inspection records.
There was gross negligence by the employer.
There were unsafe working conditions the employer failed to correct.

Who can workers sue after a NYC winter workplace injury?

While most injured NYC workers cannot sue their employers for a work-related injury, they can file a lawsuit against other individuals or corporations in some cases. These types of lawsuits are typically referred to as third-party lawsuits. Depending on the circumstances of the snow or ice-related injury, an injured worker may be able to file a third-party lawsuit against:

A property owner where the injury took place, especially if the property owner failed to remove snow or ice from a sidewalk or parking lot, resulting in hazardous workplace conditions.
Another company working at the same job site, a situation that’s common at many construction sites where several companies might be working on the same project.
The driver of a vehicle, especially if the injury involved a winter-related car accident while the injury victim was working.

Why should I hire a New York City workers’ compensation attorney?

Workplace injuries in New York City involving snow or ice often quickly turn into complicated legal cases. The big reason why is the at-fault party often refuses to admit they did anything wrong, especially if it’s a property owner or another business. That’s because your third-party lawsuit could be worth a lot of money depending on the severity of your injury and other factors.

Our New York City workers’ compensation lawyers know what’s at stake. That’s why we want to help. Our attorneys have decades of experience dealing with complex work injury cases involving snow, ice or other winter hazards in New York City. As a result, we know what evidence to look for and how to build strong, effective legal cases.

Learn more about your legal rights. Contact us and schedule an appointment with a New York City workers’ compensation attorney who won’t leave you out in the cold. We have 12 offices conveniently located in New York, including one on Flatbush Avenue in Brooklyn.

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