On any given day, NYC construction workers must be ready to brave the elements. This can mean working in the heat or in the cold, while it rains or while it snows, amid thunder and lightning, as subways flood, and many other less-than-ideal scenarios. Despite these conditions, they tend to their work to protect and make better the millions of lives that depend on their labor.
Sadly, each year many construction workers are injured and even killed in weather-related accidents as a result.
This is why if you or a loved one works in construction or has been injured in a weather-related construction accident in NYC, knowing your rights is incredibly important. Being informed can keep you and your family from losing the money and benefits you are entitled to.
So, please, don’t gamble with your future. If your job puts you at risk in hazardous weather, be proactive and prepare yourself.
You can do this by calling Schwartzapfel Lawyers at 1-800–966-4999 and speaking with one of our experienced personal injury attorneys today.
For more on weather-related construction accidents, NYC construction workers’ rights, and practical steps you can take to protect yourself and your family, please continue reading.
Take action today and call us now at 1-800-966-4999.
EXAMPLES OF WEATHER-RELATED CONSTRUCTION ACCIDENTS IN NYC
On average, NYC experiences 119 days of rain, sleet, or snow annually — that’s nearly one-third of the year! And while precipitation can ruin make-up and make for longer commutes, for construction workers, the reality is much more severe.
As evidenced by the hundreds of weather-related constructions accidents caused by inclement weather each year, examples include but are not limited to:
- Slipping, tripping, or falling from any height due to rain, hail, sleet, and snow covering raised or ground-level platforms. These can result in construction workers breaking bones, herniating discs, and even dying.
- Electrocution by lightning. This can cause paralysis, deafness, blindness, and death.
- Falling objects blown loose by extreme winds. These can render construction workers unconscious with head injuries, broken bones, and severe lacerations.
- Hypothermia or frostbite due to exposure to low temperatures. These conditions can result in amputated fingers, toes, and death.
- Heatstroke or chronic dehydration due to exposure to high temperatures. The toll this can take on an injured construction worker is both physical as well as mental and can result in death if not immediately and properly treated.
If anything listed here rings a bell — or sounds comparable to something you or your loved one has experienced while on the job — please know: You are protected by the law!
As stated in Labor Law § 240(1): “A person employing or directing another to perform labor of any kind… on a building or structure shall furnish… devices which shall be so constructed, placed, and operated as to give proper protection to a person so employed or directed.”
This can mean, depending on the weather of the day, construction workers ought to be given more breaks, access to ample water or cooling/heating devices such as fans and heaters, safer walkways, better lighting, more substantial safety equipment, and even time off.
Of note: Any violation of Labor Law § 240(1) that leads to an injury will result in the owner and contractor being absolutely liable for injuries and damages caused. Absolute liability means that the plaintiff (the injured employee) does not have to prove negligence on the part of the defendant (the owner or contractor).
In short: What matters is that an injury occurred when it shouldn’t have, and so, even if the injured worker may have been partially at fault, the responsible party (i.e. the owner of the building and contractor) should still be held completely liable.
EXAMPLES OF WEATHER-RELATED INJURIES AND LOSSES IN NYC
In NYC — the city that never sleeps — the weather can turn on a dime, casting sunshine into torrential downpour, thunderous winds, or extreme temperature fluctuations, all of which are capable of causing potentially devastating physical pain and suffering. When working in such environmental conditions, possible injuries include but are not limited to:
Directly caused by exposure to low temperatures.
Heatstroke, sunburn, dehydration
Directly caused by exposure to high temperatures.
Carbon monoxide poisoning
Indirectly caused by low temperatures when relying on various heating systems to keep warm.
(e.g. leg, arm, and hip fractures) - Directly and indirectly caused by inclement weather conditions.
Damaged vision, permanent blindness
Directly and indirectly caused by inclement weather conditions such as extreme winds, dust storms, and more.
(i.e. from falls, falling objects) - Directly and indirectly caused by inclement weather conditions.
External cuts, internal bleeding
(i.e. from falls, falling objects) - Directly and indirectly caused by inclement weather conditions.
Directly caused by severe weather conditions such as lightning and other electrical storms.
Chemical, electrical, or heat burns
Directly and indirectly caused by extreme temperatures and inclement weather conditions.
Exposure to hazardous materials
(e.g. raw sewage, harmful chemicals) - Directly and indirectly caused by inclement weather conditions.
Directly and indirectly caused by inclement weather conditions such as flooding, high-velocity winds, and more.
Full or partial paralysis
(e.g. quadriplegia, paraplegia) - Directly and indirectly caused by inclement weather conditions.
Directly and indirectly caused by exposure to extreme temperatures and severe weather conditions.
Additionally, injuries that are not readily apparent at the time of the accident can include: sprains, strains and tears, post-traumatic arthritis, as well as organ and nerve damage — all of which can worsen over time until surgery is required.
Beyond physical injuries, emotional suffering is a stark reality many construction workers face — often alone — in the days, weeks, and even years following a weather-related accident.
These conditions can include but are not limited to:
- Anxiety, panic disorder, phobias
- Acute stress disorder (ASD)
- Depression and other mood disorders
- Substance abuse disorder (SAD)
- Post-traumatic stress disorder (PTSD)
Unfortunately, for many construction workers their losses do not stop with the physical and mental tolls brought forth by their injuries, as economic losses often coincide in the forms of:
- Loss of wages
- Loss of health and social security benefits
- Loss of pension, annuity, and other retirement benefits
Whether you have been injured in a weather-related accident as a laborer, electrician, crane operator, or something else, you should treat your injury as a serious matter that require serious attention. Trust us when we say: Your health is worth it.
Moreover, after any accident, the last thing you need is bills piling up. So, please, don’t wait until it’s too late. Protect your financial future right away by calling Schwartzapfel Lawyers at 1-800–966-4999 or texting us at 1-917-909-5900.
WHAT TO DO IN THE EVENT OF A WEATHER-RELATED ACCIDENT ON A NYC CONSTRUCTION SITE
At the outset of any accident, receiving proper medical care should be the first stop on your road to physical and mental recovery. If you can, seek immediate medical attention at the emergency room, urgent care clinic, or doctor of your choice. Do not let your employer send you to their doctor. We say this, because regardless of whether or not you believe you need medical assistance, when it comes to construction accidents and job-related injuries, it’s always best to err on the side of caution.
Next, one of the best ways to protect you and your family’s financial future is by securing expert legal representation. Additionally, please do not give statements to anyone — including insurance agents — without first speaking to your lawyer. Why? Because anything you say will be misconstrued and used against you.
Fact: No matter how convincing they may sound, these men and women are not your allies. The truth is their jobs are to make profits for their company’s shareholders. Accordingly, what is best for them is to pay you as little as possible. But you can stop this from happening by politely but firmly stating that you have retained a personal injury attorney who they can speak to.
To better understand your options as they relate to weather-related construction accidents, call 1-800-966-4999 and speak with an experienced personal injury attorney today. Alternatively, if you prefer texting to speaking over the phone, you can send a message to 1-917-909-5900 and a member of our staff will be in touch with you shortly.
NYC CONSTRUCTION ACCIDENTS AND WORKERS’ RIGHTS
Did you know construction workers have special rights and protections provided to them by the law? That’s right, they do — especially in NYC!
Pursuant to New York’s labor laws, building owners and contractors are responsible for providing “safe working conditions and safe places to work,” (New York State Department of Labor: § 23-1.3). Furthermore, construction workers in New York and NYC must be provided with sufficient safety devices to perform their jobs, including, but not limited to, work materials and a controlled working environment. Failure to comply on any level, and the responsible party is liable for the construction worker’s sustained losses and harms.
More simply put: If you’re injured in a construction-related accident in New York State and if the accident was caused in any way by the building owners’, contractors’, or your employers’ failure to provide a safe work environment, then they are at fault and you may be legally entitled to compensation.
FINDING THE ATTORNEY THAT’S RIGHT FOR YOU
However unique your case, you will want someone who is experienced in NYC construction law, has a proven track record of getting results, and who will fight for you every step of the way. In short: You’ll want the best personal injury representation available.
For more than thirty-five years, Schwartzapfel Lawyers has successfully helped thousands of clients get the money and benefits they are entitled to. We are proud of our hundreds of 5-star Google Reviews and 99% client satisfaction record. Moreover, we have every incentive to get you the largest settlement or verdict possible as quickly as possible. Why? Because if we don’t win your case, you owe us nothing.
So, if you live in NYC, work in construction, or someone you love has been injured in a weather-related construction accident, take action today!
If you have sustained an injury, you likely have many questions. Schwartzapful lawyers P.C. can explain the legal process and help you get the money and benefits you’re entitled too