March 19, 2024

Do Hazardous Conditions Affect Construction Accident Injury Cases?

By Jonathan Damashek

Posted in

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Weather-related accidents are a common cause of workplace death and injury. Extreme weather conditions can be brutal for outdoor and indoor construction workers.

According to the Occupational Safety and Health Administration (OSHA), around 7% of construction fatalities annually result from hazardous weather. Knowing how weather contributes to accidents and can affect your workplace injury claim is crucial.

Construction Accidents Caused by Weather Conditions

Many construction accidents result from dangerous weather conditions. Common examples include:

  • Slip and falls on wet or icy surfaces
  • Lightning strikes
  • Structural collapse due to natural disasters or an accumulation of snow or rain
  • Heat exposure
  • Vehicle crashes
  • Struck-by accidents (i.e., hit by an object swinging in high winds)

Weather-Related Accident Injuries

A construction accident caused by hazardous weather can result in injuries such as:

  • Heat-related illnesses, such as heat stroke
  • Head, neck, and back injuries
  • Hypothermia or frostbite
  • Burns, including sunburn
  • Broken bones
  • Sprains and strains
  • Electrical shock
  • Cuts and lacerations

Preventing Heat Exposure Injuries

Heat-related illnesses are the most common workplace injury and are especially dangerous.

OSHA reports 50-70% of outdoor workplace fatalities occur within the first few days of working in hot environments.

The body needs time to adjust to warmer conditions. New workers and those absent for a week or more are at high risk.

OSHA has recommendations to prevent heat-related illnesses. Construction companies should follow these guidelines to acclimate outdoor workers to heat.

Fatal Injuries after a Construction Accident

Weather-related accidents can cause fatal injuries. You may earn compensation if you have lost a loved one in a workplace accident. A New York wrongful death attorney can determine if you have a case and guide you through the legal process.

Workers’ Compensation

You do not need to establish fault in a workers’ compensation claim. No matter the cause of your accident, you can receive payment for the resulting damages.

However, workers’ compensation will not cover all of your losses. You might consider filing a third-party liability claim to recover fully.

Third-Party Liability Claims

Third-party liability claims can award total compensation for workplace accident injuries. However, they do not apply to every case. Construction injury victims can only file a third-party liability claim if someone other than themselves, an employer, or coworkers were involved in their accident.

Maybe a contractor didn’t shut work down in extreme weather to push forward with a project. Or perhaps a motorist slid on ice and struck your vehicle while you were on the job. In any case, the outside party can be liable for your injuries.

Third-party liability frequently extends to multiple parties. Third parties can include contractors, subcontractors, property owners, manufacturers, or suppliers.

Your attorney can examine your case and reveal everyone responsible. Unlike workers’ compensation claims, third-party claims require careful legal analysis of evidence and negotiation with insurance. These claims often result in higher compensation than workers’ comp claims.

The liable third party’s insurance should cover 100% of your losses. If not, you might opt to file a lawsuit.

Call a New York Construction Accident Attorney Today

If weather conditions caused your construction accident, you might have a case. An experienced construction accident lawyer in New York can help you determine the next steps and recover compensation. The attorneys at Hecht, Kleeger, & Damashek, P.C. have won millions for construction accident injury victims and are ready to fight for you too.

Call HKD today at 212-279-6742 or use our online contact form to schedule a free consultation.