Snow Removal Injury Lawyers

During the winter, snow can be a hazard for many homeowners, businesses, workers, and drivers. People need to be able to navigate their way without injury. For many people, however, shoveling is not an option, either due to old age, disability, or simply the physicality of the work.

Snow removal workers perform one of the most important jobs during and after snowfall to keep others safe. They work in hazardous conditions that require alertness and personal protective gear. There are a variety of injuries snow removal workers can incur, including:

Snow Removal Injuries

Motor Vehicle Crashes

Plow truck drivers must drive through inclement weather that puts them and their vehicle at risk. Not only is there a risk of veering off the road, but they may also crash into other drivers. Human error and misjudgment are factors that come into play when considering motor vehicle crashes, but companies must make sure that their vehicles are properly maintained. For example, plow truck tires must be sturdy and have enough traction to be able to push heavy loads.

Shoveling Injuries

While there are plenty of snow blowers, some workers still shovel manually, which puts them at risk of repetitive motion injuries, slip and falls, exhaustion, back and neck injuries, and heart attacks. Workers can also incur hand injuries from gripping the handle of a shovel for an extended period in cold temperatures. This may aggravate arthritis, ligament issues, or carpal tunnel syndrome.^[1] Some guidelines for shoveling include:

1. Keep feet wide apart. Place front foot close to shovel.
2. Put weight on the front. Use leg to push shovel.
3. Shift weight to rear foot. Keep load close to body.
4. Turn feet in direction of throw.^[2]

Snow Blowers

Using a machine requires following safety guidelines to keep you and others safe, such as:

1. Avoid wearing loose clothing, which can easily get tangled in a snow blower. For example, a scarf, loose pants or sleeves, or loose shoelaces can get sucked into a snow blower, possibly bringing you in.
2. Wear sturdy footwear with good traction so that you can prevent a slip and fall injury.
3. Make sure you are always alert. This means avoiding alcohol and drug consumption, as well as certain medications.
4. Start the machine outside. Gas-powered snowblowers can produce fumes and carbon monoxide which can make you pass out or result in death.
5. Use ear protection. Most gas-powered snowblowers can cause hearing damage without earmuffs or earplugs.
6. Direct the discharge chute away from people, traffic, or areas where damage can occur.
7. Take rest breaks to avoid overexertion.^[3]

Heights

Workers are asked to remove snow from elevated heights, including roofs, beams, or structures. Falls are the leading cause of death in construction workers, which also work from heights. Accumulative snow may weaken a structure, and snowy roofs may contain ice or debris beneath them. The risk of tree branches and power lines adds an additional layer of danger.

Cold Stress

Working in freezing temperatures tests the limits of the human body. The risk of frostbite, dehydration, or hypothermia becomes greater without following rules and procedures. It is important to wear plenty of layers of clothing, in addition to staying hydrated. Lastly, taking breaks in shelters or buildings can be helpful to recoup.

As expected, shoveling snow can not only be a danger for the shoveler, but for others around them as well. Snow removal companies must train employees on proper safety procedures to ensure that other people do not get hurt. Companies that fail to do this could risk a lawsuit from an injured party.

Property-owning businesses that do not clear out snow in their parking lots can also risk a lawsuit from an injured party, including their own employees. It is especially important to place salt in the parking lot and on sidewalks to prevent slip and falls.

Workers’ Compensation

Employees that get injured at work can file a workers’ compensation claim against their employer. Workers’ compensation is a no-fault insurance, so regardless of whether you are at fault or not, you may still be eligible for benefits. If your injury was caused by a third party, such as another driver in a motor vehicle accident, then you may have a third-party negligence claim, too. In which case, you may also have a pain and suffering claim.

If you are injured, you will want to notify your employer immediately, in writing, if possible, to allow for documentation. Some workers decline to tell their employer because they think the accident is not critical enough to warrant it. This is a mistake, because an employer can deny you medical treatment and benefits missed time from work. Not only can your employer deny you this, but the workers’ compensation carrier will also question why you did not report your injury on time. Workers that fail to report their injuries sometimes see their injuries worsen over time.

Snow Removal Apps

In addition to the snow removal companies out there, there are also apps like Shovler and Plowz & Mowz that connects people willing to make extra cash on the side to shovel snow. Unfortunately, for these apps, the highest classification workers are usually given is independent contractors. Not all 1099 employees are eligible for workers’ compensation. This means that many shovel snow at their own risk. For these workers, the importance of research cannot be overstated. They must be able to purchase products that will keep them safe, in addition to employing best practices on snow shoveling and clearing.

Contact Us Today

At Livingston DiMarzio, our attorneys are experienced in slip and fall injuries in addition to the multitude of other injuries snow removers face. If you have been injured in an accident, contact the snow removal injury lawyers today at (973) 718-5173 to schedule a free consultation. Our workers’ compensation attorneys will walk you through the process of filing a claim, in addition to what you can expect. If you do not win your case, you pay nothing.

 

[1] Bone & Joint. (2021, August 16). Avoid these six common snow shoveling injuries. Bone & Joint. Retrieved January 17, 2022, from https://bonejoint.net/blog/avoid-these-six-common-snow-shoveling-injuries/#:~:text=Hand%20Injuries.,hands%2C%20arms%2C%20and%20shoulders.

[2] Canadian Centre for Occupational Health & Safety. (2022, January 12). Shovelling : Osh answers. Canadian Centre for Occupational Health and Safety. Retrieved January 17, 2022, from https://www.ccohs.ca/oshanswers/ergonomics/shovel.html

[3] Arndt, B. (2021, August 20). Snowblower Safety: Tips to keep you safe when dealing with snow. Society Insurance. Retrieved January 17, 2022, from https://societyinsurance.com/blog/snow-blower-safety-tips-keep-safe-dealing-snow/