Winter storms pose significant dangers for workers across all industries. As temperatures drop and snow accumulates, the workplace becomes a minefield of potential hazards that can result in serious injuries and costly workers' compensation claims.
The Growing Impact on Workers' Compensation
According to recent data, winter weather conditions lead to over 20,000 occupational injuries annually related to snow, ice, and sleet. These incidents don't just affect workers' health and safety—they also significantly increase workers' compensation claims and costs, raise insurance premiums, increase employee absences, and reduce overall productivity.
The financial toll is staggering. Weather-related workplace injuries cost companies approximately $171 billion, and 41.5% of weather-related workplace fatalities stem from ice, snow, and cold. In workers' compensation systems, the winter months are a critical period of heightened risk and increased claim activity.
Common Winter Workplace Hazards
Workers face numerous hazards during winter weather conditions that can trigger workers' compensation claims:
Slips, Trips, and Falls: The leading cause of winter workplace injuries. Ice and snow on parking lots, walkways, stairs, and work surfaces create treacherous conditions. These incidents often result in broken bones, head injuries, and back problems that require extensive medical treatment and time off work.
Cold Stress Injuries: When workers' bodies cannot maintain normal temperature, serious conditions develop, including hypothermia, frostbite, and trench foot. These injuries can be permanent and may qualify for long-term disability benefits under workers' compensation.
Driving Accidents: Winter weather dramatically increases the risk of vehicular accidents for workers who drive as part of their job duties. Slippery roadways lead to crashes that can result in catastrophic injuries and death.
Snow Removal Injuries: Clearing snow and ice causes strains, sprains, back injuries, heart attacks, and injuries from equipment use. Workers often underestimate the physical demands of snow removal.
Falling Objects: Tree limbs, icicles, and utility poles weighed down by ice and snow can strike workers, causing severe head trauma and crush injuries.
Electrocution Hazards: Downed power lines create deadly risks for utility workers, emergency responders, and anyone working near fallen electrical infrastructure.
Falls from Heights: Removing snow from roofs or working on elevated surfaces in winter conditions increases the risk of falls. Snow-covered rooftops can hide hazards, such as skylights through which workers may fall.
Carbon Monoxide Poisoning: Workers using generators or heating equipment in enclosed spaces face serious poisoning risks.
Exhaustion and Dehydration: Extended shifts during winter emergencies can lead to fatigue-related accidents and health problems.
OSHA's Position and Employer Responsibilities
While OSHA does not have a specific standard covering cold-weather work environments, employers remain legally obligated under the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act) to provide employment and workplaces free from recognized hazards, including winter-weather-related dangers.
As of 2025, several states are proposing new requirements for companies to protect workers from extreme cold, creating a patchwork of regulations that complicate compliance for multi-state employers. Illinois has proposed legislation to become the first state under OSHA's jurisdiction to address both cold stress and heat exposure.
OSHA's current guidance emphasizes that employers must:
- Train workers on winter weather hazards and safety measures
- Implement engineering controls to reduce cold stress risks
- Develop work plans identifying potential hazards
- Schedule maintenance for warmer months when possible
- Provide warm break areas to prevent cold stress
- Monitor weather conditions and adjust work accordingly
- Ensure proper fall protection and equipment maintenance
Workers' Compensation Coverage for Winter Injuries
Workers injured during winter weather conditions are entitled to workers' compensation benefits, which typically include:
Temporary Disability Benefits: Wage replacement while out of work and under medical treatment
Medical Treatment: Full coverage for all necessary medical care related to the injury
Permanent Disability Benefits: Compensation for lasting impairment resulting from the injury
Vocational Rehabilitation: Assistance returning to work or retraining for new employment when necessary
Complex Coverage Issues
Winter weather creates unique challenges for workers' compensation claims. Coverage questions frequently arise regarding:
- Parking lot injuries: Whether injuries occurring in employer-controlled parking areas before clocking in are compensable
- Commuting accidents: Generally not covered unless the employee has no fixed workplace, is on special assignment, or the employer provides transportation
- Lunch hour incidents: Injuries during authorized breaks off premises may not be compensable
- Traveling employees: Workers without fixed workplaces often receive broader coverage for winter weather injuries
Courts have been addressing these scenarios since the 1940s, and the legal landscape continues to evolve. Each case requires careful analysis of the specific circumstances and state law.
Protecting Your Rights as an Injured Worker
If you sustain a winter weather-related injury at work, take these critical steps:
- Seek immediate medical attention - This creates crucial documentation linking your injury to your employment
- Report the injury in writing to your employer as soon as possible
- Document everything - Photograph the accident scene, icy conditions, or equipment involved
- Preserve evidence - Weather reports, witness statements, and surveillance footage can support your claim
- Consult a workers' compensation attorney - Time limits for filing claims vary by state, and evidence can disappear quickly
Many injured workers don't realize they have rights to compensation. Employers may contest winter weather claims, arguing that conditions were beyond their control or that the injury occurred outside the scope of employment. Having experienced legal representation can make the difference between a successful claim and a denial.
Employer Best Practices
Employers can reduce winter weather injuries and workers' compensation costs by:
- Implementing comprehensive winter weather safety programs
- Providing proper training on cold-weather hazards
- Maintaining clear communication about hazardous conditions
- Ensuring adequate snow and ice removal from walkways and work areas
- Supplying appropriate cold-weather gear and PPE
- Creating warm rest areas for outdoor workers
- Monitoring wind chill and temperature conditions
- Scheduling high-risk work during warmer hours when possible
- Maintaining heating systems and winter equipment
- Developing emergency response plans for severe weather
Recent legal cases have reinforced that employers can face severe financial consequences when they fail to maintain workers' compensation coverage. In one case involving a snow removal injury, a jury awarded $750,000 in damages to a worker whose employer lacked proper workers' compensation insurance, with the total judgment exceeding $965,000.
Looking Ahead
Climate change is making winter weather patterns less predictable, with thaw-freeze cycles and extreme conditions becoming more common. This unpredictability increases workplace risks and makes comprehensive winter safety programs more essential than ever.
As states continue developing their own cold-weather safety standards in the absence of federal regulation, workers and employers alike need to stay informed about evolving requirements and best practices.
Winter weather is inevitable, but workplace injuries don't have to be. Understanding your rights, responsibilities, and the workers' compensation system can help ensure that when accidents occur, injured workers receive the benefits and care they deserve.
For current winter weather safety information:
- OSHA Winter Weather Resources: https://www.osha.gov/winter-weather
- FEMA Winter Preparedness: https://www.ready.gov/winter-ready
- National Weather Service: https://www.weather.gov
Workers injured in winter weather conditions should consult with a qualified workers' compensation attorney to understand their rights and ensure proper claim filing.
*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers' Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers' Compensation Law (West-Thomson-Reuters).
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This article provides general information about winter weather hazards and workers' compensation. It is not legal advice. Workers with specific questions about their rights should consult with an attorney licensed in their state
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