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  • Writer's pictureLeitner Varughese Warywoda

Winter Construction Accident Injuries: What to Know About Filing a Claim

Construction workers face many different hazards at work, and some of those risks rise as temperatures drop. An article in Occupational Health & Safety emphasizes that exposure to cold temperatures can increase the risks of certain types of construction workplace accidents, but icy and snow can also mean that workers in the construction industry are at increased risk of slip and fall injuries, and injuries caused by falls from heights. If you were injured in a construction accident caused by a winter or cold weather issue, it is important to learn more about your options for filing a construction accident claim.

Some Types of Construction Accidents Happen More Frequently in Cold Weather

Some kinds of accidents happen more often in the winter on construction sites, including but not limited to the following:

● Cold stress;

● Cold weather exposure injuries;

● Slips and falls due to ice, sleet, or snow;

● Falls from heights due to ice, sleet, or snow; and

● Motor vehicle collisions on the job due to ice, sleet, or snow.

You Likely Can Seek Workers’ Compensation Benefits

Most likely, your first course of action after a winter construction site accident will be to seek workers’ compensation benefits. Under New York law, workers’ compensation benefits are available regardless of fault—the employer’s fault, the employee’s own fault, or another party’s fault. Yet workers’ compensation benefits are not the only possibility for seeking compensation for an injured construction worker in New York.

You May be Eligible to File a Construction Accident Claim Against Your Employer

New York is distinct in that it permits injured construction workers to sue for negligence even if they are seeking workers’ compensation benefits. Usually, workers’ compensation is an “exclusive remedy,” which means an employee cannot file a lawsuit against a negligent party in a separate lawsuit. However, New York lawmakers recognize the serious injury risks at construction sites and decided to permit injured construction workers to potential add to their recovery by way of the employer sharing in liability with the first-party defendants.

Sections 200, 240, and 241 of New York Labor Law provide a cause of action for injured construction workers (or their families, in the event of a fatal accident) caused by an employer’s negligence. To learn more about filing a lawsuit under New York Labor Law for a winter construction site accident injury, you should seek advice from a New York construction accident lawyer as soon as possible.

Contact a New York Construction Accident Attorney

Most types of construction accidents are preventable, regardless of the season in which they take place. Employer and construction company owners in New York need to be aware of certain types of risks that are more frequent in cold weather and during winter months, and they must take steps to ensure that construction workers do not suffer avoidable injuries in construction site accidents.

If you were injured in a winter weather-related construction accident in New York, you may be able to file a lawsuit to seek compensation in addition to filing a workers’ compensation claim. One of the experienced New York construction accident lawyers at our firm can assist you with your case. Contact Leitner Varughese Warywoda PLLC to learn more about the services we provide to injured construction workers and their families.


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