Workplace injuries can happen on any type of job site, whether you work in a high-risk industry or sit at a desk all day. Inevitably, some workplace accidents happen outdoors each year, and injured workers may not know how to proceed.
Understanding your legal rights in New York when a workplace injury happens outdoors can help you determine how to move forward. For more personalized legal guidance, contact a workers’ compensation lawyer in New York.
Examples of Outdoor and Off-Site Workplace Accidents
The National Safety Council states that some of the “most dangerous industries” are construction, transportation, and agriculture, forestry, fishing, and hunting. All of these jobs either take place outdoors or away from a traditional “job site.” As such, a large percentage of workplace accidents happen in non-traditional environments.
When accidents occur, the workers’ compensation claims process needs to address the environment in which the incident occurred. This can look different depending on the type of accident and the resulting injuries.
Examples of accidents that can occur while working outdoors include:
- A construction worker falling from scaffolding on an outdoor construction site
- An office worker spraining an ankle during the company’s annual field day
- A city worker experiencing heat stroke while working on an outdoor utility line
- A delivery driver being bitten by a dog while delivering a package
- An arborist falling out of a tree while trimming branches
Understanding the Increased Risks of Working Outdoors
Working outdoors also exposes people to certain hazards that they may not face indoors. Whether a job normally takes place outdoors or a worker is assigned temporary job duties that require them to be outdoors, they should be aware of potential safety risks.
The CDC has a page dedicated to outdoor workers and lists the types of hazards they may be exposed to, such as:
- Severe weather: Weather events can affect a person’s ability to do their job outside. It may not be safe to operate power tools in the rain or make a delivery during a snowstorm. Workers need to be aware of weather hazards and know when it may be better to take a break than work through severe conditions.
- Traffic: Jobs that require frequent driving expose workers to the risk of traffic accidents.
- Heat stroke/dehydration: When workers need to perform heavy labor outside on a hot day, they may be at risk of dehydration or heat stroke. Taking frequent breaks and drinking plenty of water are important to stay safe in these conditions.
- Sun damage: Long-term outdoor workers may be at risk of developing skin cancer due to excessive sun exposure and should prioritize wearing sun protection.
- Insect- or animal-borne diseases: Depending on the outdoor environment, some workers may be at risk of diseases transmitted by insects or animals, such as Lyme disease from ticks.
The CDC also points out that many outdoor workers are migrant or immigrant workers who may be more susceptible to hazards due to language barriers, poverty, or a lack of knowledge or safety training.
Potential Complications When a Workplace Injury Happens Outdoors
Workers generally enjoy the same rights to a safe work environment regardless of whether they work indoors or outdoors. But when an accident happens outside, certain complications may arise that add to the complexity of the case or make it more difficult to understand one’s legal rights after a workplace injury.
- Knowing whether the accident qualifies for workers’ compensation: Workers’ compensation applies to accidents that occur in the course of your job duties. For example, being involved in an accident while you are driving to work normally wouldn’t be covered under workers’ comp. But if your job requited you to drive or if you were completing your job duties off-site, your accident likely still qualifies.
- Delayed reporting or lack of oversight: Some employees who work outdoors work independently, such as mail carriers and delivery drivers. They may not have a supervisor nearby to report the accident to or someone who can assist them if they are seriously injured.
- Difficulties identifying negligence: Injuries and illnesses that arise outdoors may not be as straightforward as those that occur on traditional job sites, given the diverse hazards present, so determining whether someone was negligent can be challenging. Although you do not have to prove fault to have a viable workers’ compensation claim, it is relevant in determining if you can also bring a separate negligence lawsuit against a third party (not your employer).
Your Workplace Injury Legal Rights in New York After an Accident Outdoors
If you were injured in the course of your job duties, you have certain legal rights and protections, regardless of where the accident happened. You may be entitled to workers’ compensation or even a third-party liability claim, depending on the circumstances of the accident.
Indemnización por accidente de trabajo
The majority of employers in New York are legally required to offer workers’ compensation. This benefit pays for medical expenses and a portion of lost wages after an on-the-job accident.
Filing a claim for off-site work accidents generally starts with reporting the incident to your employer, as well as filing a claim directly with the NY Workers’ Compensation Board. Workers’ compensation for outdoor injuries in NY is a no-fault system, which means you likely qualify, no matter how the accident happened or who was at fault. It just needs to have happened while you were performing your job.
Learning more about how workers’ compensation works can help you determine whether your accident qualifies.
Reclamación de terceros
One of the legal rights of injured field employees is to file a third-party lawsuit in the event that a party, other than your employer, was negligent in causing the accident. If you can prove that a party other than your employer contributed to your injuries, you may be able to seek compensation from them, via a separate negligence claim.
New York law generally prohibits workers from holding their employers liable for workplace injuries. Instead, you could only file a case against a party outside your employer, such as a contractor, a property owner, or another driver.
Talk to a lawyer for workplace injuries about your rights and options regarding a third-party claim. In some cases, you can file for workers’ compensation, and also seek legal action for additional damages, such as pain and suffering or emotional distress.
Ponte en contacto con un abogado especializado en indemnizaciones por accidentes laborales en Nueva York
Understanding your legal rights after sustaining an outdoor work injury in New York can feel overwhelming. At Pyrros, Serres & Rupwani, we help injured workers navigate the claims and legal process, no matter the circumstances of their accidents.
We would be happy to explain the contingency fees associated with hiring a workers’ compensation lawyer and discuss how we can assist you during a free initial consultation. Schedule your free case evaluation today at 718-626-7730.
Preguntas frecuentes
Can you claim workers’ compensation if you are an independent contractor?
Independent contractors generally do not qualify for workers’ compensation, but many industries misclassify employees as contractors. If your company dictates how, when, and where you work, and if you are paid on an hourly basis, you may legally be considered an employee. Speak with a workers’ compensation attorney in New York about your options.
What is the deadline to file a workers’ compensation claim for an outdoor injury?
The deadline to file a NY workers’ compensation claim is two years from the date of the accident, but you need to notify your employer of the injury in writing within 30 days. Filing sooner rather than later is beneficial to avoid potential delays in medical care.
Are employers liable for weather-related injuries in NY?
If you were injured at work due to a weather event, you likely qualify for workers’ compensation. Speak with an attorney about your legal rights after a workplace injury outdoors.
