Protecting Winter Workers: Your Rights After a Snow Removal Workers Comp Injury

In New York City and beyond, the unsung heroes of winter are the workers who brave ice and snow to clear streets, sidewalks, and commercial properties. Whether you are a municipal worker, a property maintenance employee, or a contractor hired for snow and ice removal, the work is physically strenuous and inherently dangerous. When an injury occurs on the job, securing snow removal workers comp benefits and potentially pursuing a negligence lawsuit is crucial for your financial and physical recovery.

Common Injuries Sustained During Snow and Ice Removal

The heavy labor and hazardous conditions of snow removal often lead to severe, debilitating injuries:

• Slip and Fall Injuries: The most common injury. Falls on hidden ice or slippery surfaces can cause fractured ankles, wrists, knees, or hips, and severe head or spinal cord trauma.

• Back and Spinal Injuries: Shoveling heavy, wet snow, or operating snow blowers and heavy machinery, frequently leads to herniated discs, pinched nerves, or chronic lower back pain. These injuries can be career-ending.

• Heart Attacks and Strokes: The extreme physical exertion of shoveling snow, especially in cold temperatures, can put severe strain on the heart, leading to cardiac events.

• Crushing Injuries/Amputations: Workers operating heavy machinery like snow plows or snow blowers face the risk of crushing injuries or finger/limb amputations due to machinery malfunction or loss of control.

• Soft Tissue Injuries: Sprains, strains, and tears (e.g., rotator cuff tears) are common when twisting, lifting, or falling awkwardly.

Your Legal Recourse: Snow Removal Workers’ Comp and Lawsuits

When injured on the job, you typically have two main avenues for recourse.

1. Workers’ Compensation Claims

Workers’ compensation is a no-fault insurance system designed to pay for medical treatment and partially replace lost wages if you are injured while performing job-related duties. For a snow removal workers comp claim:

• Fault is Irrelevant: You can receive benefits regardless of whether the injury was your fault or your employer’s fault.

• Exclusivity: In most cases, you cannot sue your direct employer for negligence; workers’ compensation is your sole remedy against them.

2. Third-Party Negligence Lawsuits

If your injury was caused by the negligence of a party other than your employer or a coworker, you may be able to file a third-party personal injury lawsuit. This is critical because a successful lawsuit can provide compensation for non-economic damages like pain and suffering, which are not covered by Workers’ Compensation.

Who Can Be Held Liable?

• Property Owners (Apartment Buildings, Commercial Stores): If you were a contractor injured while clearing the property, the building owner or management company may be liable if they created or failed to warn of a separate, hidden hazard (e.g., a known broken step beneath the snow).

• Other Drivers: If you were struck by a car or truck while shoveling or salting a curb lane or roadway, the negligent driver can be sued.

• Equipment Manufacturers: If your injury was caused by a defective snow blower, plow, or other tool (e.g., a safety guard failed), you may have a product liability claim against the manufacturer.

Steps to Take After an Injury

The actions you take immediately after a snow removal injury are crucial to your claim:

1. Report the Injury Immediately: Tell your supervisor or employer about the injury in writing as soon as possible, documenting the date and time.

2. Seek Medical Treatment: Get professional medical attention and clearly explain that the injury occurred while you were working.

3. Document the Scene: If you can, take photos of the exact location, the conditions (ice, heavy snow, defective equipment), and anything that contributed to the fall or accident.

4. Do Not Sign Anything: Do not sign any document from your employer or an insurance adjuster until you have spoken with an attorney.

5. Consult a Workers’ Comp Attorney: The process of filing for snow removal workers comp is complex, and if a third-party negligence claim is possible, you need immediate legal counsel to protect all your rights.

Useful Resources

• Your Firm's Workers' Compensation Page: [Link to your website's "Workers' Compensation Lawyer" page]

• Your Firm's Construction Accident Page: [Link to your website's "Construction Accident Lawyer" page]

• New York State Workers’ Compensation Board: [Link to the official NYS WCB website]

• OSHA Cold Stress Safety Guide: [Link to OSHA resources regarding working safely in cold weather]