{"id":5092,"date":"2020-12-08T13:32:24","date_gmt":"2020-12-08T17:32:24","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=5092"},"modified":"2020-12-08T13:32:24","modified_gmt":"2020-12-08T17:32:24","slug":"workers-compensation-and-cold-weather","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/workers-compensation-and-cold-weather\/","title":{"rendered":"Workers\u2019 Compensation and Cold Weather"},"content":{"rendered":"

We\u2019ve written before about some of the types of accidents workers have when the weather gets cold – <\/span>Worker\u2019s Compensation and Winter Safety | Joe Miller Law, Ltd. (joemillerinjurylaw.com)<\/span><\/a>. <\/span>Some of the major types of cold-weather accidents and injuries for workers include. Probably the most common type of injury is a slip and fall<\/a> due to ice, melting water, and slippery surfaces. Cold weather cause potholes and pavement cracks which can also make falls likely.<\/span><\/p>\n

Common cold weather injuries include frostbite, hypothermia, and back injuries. People who work outside such as construction workers, agricultural workers, and roadway maintenance crews are most at risk of suffering from the cold.\u00a0<\/span><\/p>\n

Unfortunately, the notion of a worker\u2019s compensation claim for injury such as frostbite or hypothermia is not as easy as a normal type of \u201caccident\u201d such as a slip or fall. This is because usually, frostbite and injuries like it occur over a span of time, sometimes days, and not in a particular moment. Generally, with very few exceptions, workers compensation law in both Virginia and North Carolina do not permit recovery for repetitive trauma injuries. In other words, if you cannot pin down your injury to a very specific period of time as well as conditions and assignments, you will have no case.\u00a0<\/span><\/p>\n

A review of the case law tends to indicate that in, for instance, a frostbite situation, if the frostbite is brought on over several days or months in the cold weather, it may be difficult to bring a workers\u2019 compensation<\/a> claim for an injury by accident. If, however, the frostbite occurs as a result of a very limited, say, four or five hour uninterrupted exposure to extreme cold due to a set of tasks that the injured worker is required to perform, that may satisfy the requirement that the injury occur during a specific, identifiable period of time. Of course, this must be backed up with a qualified physician\u2019s opinion.\u00a0<\/span><\/p>\n

All that being said, there may be another option that is revealed by a review of the case law. Frostbite, hypothermia and other such cold-induced conditions could also be considered to be an <\/span>occupational disease.<\/span><\/a> To bring such a case, one would have to show, through clear and convincing evidence, that the unique conditions of work brought about the injury. Again, one needs to be prepared with a very clear physicians\u2019 opinion that the specific injuries were a result of exposure to extreme cold at work.\u00a0<\/span><\/p>\n

Best cold-weather practices for employers and employees<\/i><\/b><\/h3>\n

Many cold weather injuries are preventable with proper planning, training, and safety protocols. Some of these common strategies include:<\/span><\/p>\n