Cold weather hazards when working outside and driving – when are you eligible for compensation?

Outdoor workers like builders, labourers, gardeners, and delivery drivers face unique occupational hazards during the colder months. While there isn’t a specific temperature threshold in Australia, employers have legal obligations to ensure worker safety. This article explores cold weather injuries and the compensation options available to affected workers. 

Australian Work Health and Safety (WHS) laws require employers to provide a safe working environment for all employees, including those exposed to cold weather conditions. This includes conducting risk assessments for outdoor work, providing appropriate protective equipment, delivering adequate training and regularly consulting with workers about any safety concerns. 

Common cold weather injuries and illnesses 

Exposure to cold conditions while working can lead to several serious health conditions: 

• Frostbite: This occurs when skin and underlying tissues freeze due to prolonged exposure to freezing temperatures. Extremities like fingers, toes, ears, and nose are particularly vulnerable. Severe cases can lead to tissue death and permanent damage. 
• Hypothermia: When body temperature drops below 35 degrees Celsius, hypothermia sets in. Symptoms include shivering, confusion, slurred speech, and drowsiness. If untreated, it can be fatal. 
• Increased accident risk: Cold weather can increase the likelihood of slips, falls, and other workplace accidents due to icy surfaces both indoors and outdoors, and reduced dexterity.
• Performance impairment: Cold stress often causes fatigue and decreased cognitive function, potentially leading to errors and accidents in the workplace. 

How do I know if I’m eligible for workers’ compensation? 

Workers who sustain cold-related injuries or illnesses may be eligible for compensation under certain conditions: 

• Direct causation: There must be a clear link between workplace cold exposure and the resulting injury or illness.
• Employer negligence: Evidence that the employer failed to fulfil their duty of care by not providing adequate protection, training, or risk management.
• Breach of employment terms: If specific provisions for cold-weather work outlined in employment contracts were not honoured.

Steps for workers seeking compensation

If you believe you’ve sustained a cold-related injury or illness at work, seeking immediate medical attention is crucial to ensure your condition is properly documented and treated. Report the incident to your employer as soon as possible, then file a formal workers’ compensation claim through the appropriate state or territory authority with thorough documentation. 

To see if you have a legal claim access MEJ’s Free Claim Check service here or call (02) 6257 2999.