Winter makes everything a little harder. From getting out of bed on a cold morning to shoveling the driveway, and driving in the snow, life isn’t easy when winter rears its head.
But winter also brings challenges and risks that go beyond those everyday conveniences, especially if you work outside in icy, snowy, or freezing conditions. Slippery sidewalks, heavy snowfall, and frigid temperatures can turn an ordinary workday into a dangerous one, and in some unfortunate cases, result in winter workplace accidents.
If you’re the victim of a snow-related workplace injury, you’re entitled to workers’ comp. To claim your benefits, you need to understand how to report your injury and what steps to take. In this article, we’ll cover common snow-related workplace injuries, what your employer’s responsibilities are for snow-related accidents, workers’ comp benefits, whether or not you can sue your employer, and more.
Common Snow-Related Workplace Injuries
Before we discuss your employer’s responsibilities and workplace injury rights in the winter, let’s quickly discuss some of the most common injuries that occur in the colder months.
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- Slips and falls on ice or snow: In the winter, parking lots, sidewalks, and outdoor work areas can become very slippery. Slipping on ice or snow at work can lead to fractures, back injuries, or other complications.
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- Frostbite and hypothermia: If you work outside, spending long periods exposed to freezing temperatures puts you at greater risk of frostbite and hypothermia.
- Falling objects: Snow and ice can accumulate on rooftops, equipment, or scaffolding and fall unexpectedly, causing severe injuries.
- Vehicle-related accidents: If you drive as part of your job, slippery roads and poor visibility in the winter increase the likelihood of suffering an accident when you get behind the wheel.
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- Muscle strains from shoveling or lifting in icy conditions: Work tasks like snow removal or carrying heavy loads over icy terrain can lead to back, shoulder, or muscle injuries.
Employer Responsibilities for Winter Workplace Safety
Your employer is responsible for maintaining a safe work environment, especially in the winter when environmental conditions can make your job more dangerous. Failure to take reasonable precautions can result in injuries that could have been prevented.
Firstly, employers need to comply with the Occupational Safety and Health Administration’s (OSHA) regulations to reduce cold-weather hazards, which includes proper training and safety protocols.
Employers are responsible for keeping work areas safe by removing snow and ice from sidewalks, parking lots, and other critical pathways. They should also ensure safe transportation and access to work areas by maintaining entryways, applying de-icing treatments where necessary, and taking steps to reduce the risk of vehicle-related accidents on company property.
Proper preparation and ongoing safety measures can significantly reduce the chances of winter workplace accidents. As such, employers should also provide employees with proper protective gear, such as insulated gloves, non-slip footwear, and appropriate outerwear to prevent cold-related injuries.
Workers’ Compensation: Your Rights After a Snow-Related Injury
Whether you’ve slipped on ice at work, been involved in a vehicle-related accident, or suffered any other kind of winter workplace accident, you have the right to claim workers’ compensation. Workers’ comp benefits for icy or snowy conditions are the same as any other time of the year.
What is workers’ compensation?
Worker’s compensation is a form of workplace insurance that provides benefits to employees injured on the job, regardless of fault. It’s designed to cover your medical bills, lost wages, and rehabilitation expenses. By law, almost all employers in Oregon must carry workers’ compensation for their employees.
What benefits are you entitled to?
Oregon’s workers’ compensation benefits cover the following:
- Medical expenses for accepted conditions;
- Compensation for time taken off work and/or permanent disabilities;
- Vocational assistance if you cannot return to your previous job;
- Death benefits for your spouse or children, in the unfortunate event of a fatal accident.
Steps to Take After a Snow-Related Workplace Injury
The first thing to do after a winter workplace accident is to immediately seek medical attention. Even if it’s only a minor injury, it can worsen over time and a medical evaluation provides the documentation you may need for your workers’ comp claim in the future.
Once you’ve received medical attention, follow these steps to file your claim, and guarantee the benefits you’re entitled to.
- Notify Your Employer: While you have up to 90 days to report your workplace injury under Oregon law, it’s best to do so as soon as possible. Reporting your injury right away can help speed up your workers’ compensation benefits, while delays may complicate your claim. Report your injury to your immediate supervisor, HR department, or your designated workplace safety officer.
- Keep Records: Take photos of the injury site, your injuries, and any hazardous conditions that contributed to the accident. Keep copies of all your medical reports, bills, and prescriptions, as well as a copy of your formal written report to your employer. Staying organized and keeping records of everything will strengthen your case if your claim is disputed.
- File a Workers’ Compensation Claim: Complete Form 801, “Report of Job Injury or Illness,” and submit it to your employer, who will forward it to their workers’ comp insurer. If you seek medical treatment, your doctor should assist in filling out Form 827, “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims,” and submit it on your behalf.
- Consult a Workplace Injury Attorney if Needed: If your claim is denied or if you suspect employer negligence, seek legal advice to explore your options.
Can You Sue Your Employer for a Snow-Related Injury?
In general, workers’ compensation laws prevent employees from suing their employers for workplace injuries. However, there are exceptions:
Employer Negligence and Liability
If your employer fails to take reasonable precautions, such as ignoring icy walkways or failing to provide proper safety gear, you may have grounds for a lawsuit.
In some cases, another party may be responsible for your injury, such as:
- A property owner is responsible for maintaining safe conditions;
- A contractor hired to remove snow and ice;
- A manufacturer of defective safety equipment.
How to Prevent Snow-Related Work Injuries
It’s comforting to know that workers’ compensation benefits will cover any medical care and costs related to your injury, but suffering an accident and having to file a claim is an ordeal best avoided.
Here are some tips to minimize the risk of accidents when working in the cold:
Tips for Workers
- Wear slip-resistant footwear with good traction;
- Take small, careful steps on icy surfaces;
- Dress in warm, layered clothing to prevent cold-related injuries;
- Use proper lifting techniques to avoid muscle strain when shoveling or carrying loads;
- Report icy areas or unsafe conditions to your employer.
Tips for Employers
- Regularly inspect and clear work areas of ice and snow;
- Apply salt or sand to walkways, stairs, and parking lots;
- Provide employees with appropriate winter safety training;.
- Ensure work vehicles are properly maintained for winter conditions;
- Set clear protocols for handling winter hazards and reporting unsafe conditions.
Employer Failing to Protect You?
Your safety matters, and if your employer fails to protect you, you have rights. If you need legal guidance after a snow-related workplace injury, don’t wait, reach out for help today.
At Ransom, Gilbertson, Martin & Ratliff, we’re here to help. No matter if your claim has been denied, delayed, or ignored, we’ll fight to ensure you receive the benefits you’re entitled to.
Contact us today for a free consultation and let us help you focus on what matters most—your recovery.
Mike grew up in a military family and attended Northwestern School of Law in Oregon, where he graduated with honors. He began practicing workers’ compensation law in 1991 and became a founding partner of Ransom & Gilbertson in 1995. With decades of experience, Mike is known as a top 1% workers’ compensation attorney and has earned Martindale-Hubbell’s highest AV rating for skill and ethics. Outside the office, he enjoys rafting, fishing, going to the beach, and spending time with his dog, Sahalie.