workers compensation

As New York City faces a record-shattering heat wave this week—with temperatures and humidity soaring and “feels like” readings topping 100 degrees—concerns about public safety are front and center. The National Weather Service has issued an Extreme Heat Warning for the city, the highest level of heat alert, and Governor Kathy Hochul has declared a state of emergency for more than half the state’s counties, including all five boroughs. Check the latest weather alerts here.

While everyone is at risk during extreme heat, construction workers are among the most vulnerable. At Pulvers, Pulvers & Thompson, we know that heat-related injuries on job sites are not just a matter of comfort—they’re a matter of life, health, and legal responsibility.

Why Construction Workers Are at High Risk During Heat Waves

Construction is one of the most physically demanding professions, often requiring workers to spend long hours outdoors, performing strenuous tasks, and wearing heavy protective gear. During a heat wave, these conditions can quickly become dangerous—even deadly.

Risks include:

• Heat Exhaustion and Heat Stroke: Prolonged exposure to high temperatures can lead to heat exhaustion or, worse, heat stroke—a life-threatening condition that requires immediate medical attention.
• Dehydration: Sweating and physical labor can cause rapid fluid loss, leading to dehydration, confusion, and impaired judgment.
• Increased Accident Risk: Heat can cause fatigue, dizziness, and slower reaction times, increasing the likelihood of falls, equipment mishandling, and other accidents.
• Exacerbation of Pre-existing Conditions: Workers with heart disease, respiratory issues, or other health problems are at even greater risk during extreme heat.

Legal Protections for Construction Workers in Extreme Heat

New York law requires employers to provide a safe working environment. This includes taking reasonable steps to protect workers from foreseeable hazards—like extreme heat.

Key legal considerations:

• OSHA Standards: While there is no specific federal OSHA standard for heat exposure, OSHA’s General Duty Clause requires employers to provide a workplace “free from recognized hazards.” OSHA has published guidelines for protecting workers from heat illness, including providing water, rest, and shade.
• New York State Regulations: New York’s labor laws and workplace safety regulations require employers to take precautions during extreme weather, including heat waves. Failure to do so can result in citations, fines, and liability for injuries.
• Workers’ Compensation: If a construction worker suffers a heat-related injury or illness on the job, they are generally entitled to workers’ compensation benefits. This can cover medical expenses, lost wages, and rehabilitation.
• Personal Injury Claims: In some cases, if an employer or third party (such as a contractor or equipment manufacturer) was grossly negligent—such as by ignoring heat warnings, failing to provide water or breaks, or forcing workers to continue in unsafe conditions—an injured worker may have grounds for a personal injury lawsuit in addition to workers’ comp.

What Employers Should Be Doing During a Heat Wave

Employers have a legal and moral responsibility to protect their workers. During an extreme heat event, this means:

• Adjusting work schedules to avoid the hottest parts of the day
• Providing frequent breaks in shaded or air-conditioned areas
• Supplying ample water and encouraging hydration
• Training workers to recognize the signs of heat illness
• Monitoring weather alerts and adjusting work plans accordingly
• Ensuring that supervisors are empowered to stop work if conditions become unsafe

What to Do If You’re a Construction Worker Injured by Heat

If you or a loved one is a construction worker who suffers a heat-related injury or illness on the job, take these steps:

1. Seek Immediate Medical Attention: Heat stroke and severe dehydration are medical emergencies.
2. Report the Incident: Notify your supervisor and ensure the injury is documented.
3. Document Conditions: Take photos, note the temperature, and record any lack of water, shade, or breaks.
4. Contact an Attorney: An experienced personal injury and workers’ compensation attorney can help you understand your rights and pursue the compensation you deserve.

Recent Heat Wave: A Wake-Up Call for Worker Safety

This week’s heat wave is a stark reminder that extreme weather is not just an inconvenience—it’s a serious workplace hazard. With the National Weather Service issuing its highest-level alert and the governor declaring a state of emergency, there is no excuse for employers to ignore the risks. At Pulvers, Pulvers & Thompson, we’re committed to standing up for New York’s workers. If you or someone you know has been injured on a construction site during this heat wave, or if you have questions about your rights, we’re here to help.

Stay Safe, Stay Informed

• Monitor weather alerts and heed official warnings.
• Don’t hesitate to speak up if you feel unsafe at work.
• Remember: Your health and safety come first.

If you need legal advice or representation after a heat-related construction injury, contact Pulvers, Pulvers & Thompson today for a free consultation. We’re here to help you know your options and we will fight for the justice you deserve. Contact us today for a free, zero obligation consultation.

Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.