Roadside Construction Worker Injuries
The California Department of Transportation uses the phrase “Slow for the Cone Zone” to promote safety awareness for roadside construction workers. When ‘road work ahead’ signs and orange cones make their appearance on the roads and highways drivers need to slow to posted speed limits, exercise additional caution with workers nearby, expect delays and anticipate lane shifts and mergers among other things. Keeping these ideas in mind will help keep both the workers on the road and the drivers in the cars safe.
Roadside Construction Sites
This doesn’t always happen. Unfortunately, accidents can and often do happen at roadside construction sites. In addition to the physical injuries these workers who shovel, flag drivers, operate equipment and perform other various jobs on road construction sites are already at risk for, a greater risk is present when moving vehicles in the vicinity are present. The good news is that if this occurs, individuals who sustain an injury which is caused by someone else, like the driver of a car, may be entitled to compensation.
Workers’ Compensation Benefits
Workers’ compensation benefits are available to someone who sustains an injury working on a roadside construction site. These benefits could include medical treatment, some reimbursement for lost wages, a disability award and a right to future medical care.
Personal Injury Claims
In addition, where the injury might have been caused by the negligence of a third party driver, a personal injury claim may arise. For whatever reason, there are distracted drivers all over the road. Should a distracted or otherwise impaired driver cause injury to a construction worker at a roadside jobsite due to the driver’s negligence, a third party claim may be available to the injured worker along with the workers’ compensation claim.
A personal injury claim the injured worker may have against the driver can result in higher damages awarded. Where the workers’ compensation recovery is limited in many respects, a civil claim for personal injury carries with it the possibility of obtaining a recovery for pain and suffering damages. Meaning, evidence can be presented regarding loss of all past and future earnings, loss of enjoyment of life and activities, damage to property and medical care that would otherwise be provided outside of the workers’ compensation system.
Workers’ Compensation Claims
Where there is a personal injury case in addition to a workers’ compensation claim, there is a great deal of crossover between the two causes of action. It is important someone who sustains such an injury discuss the matter with an experienced attorney who will be able to identify all possible areas of recovery. The attorneys at Gerald D. Brody & Associates are willing and able to assist in managing the complex legal system on your behalf. Give us a call today at (619) 528-9800 to schedule your free consultation.