Can I File a Claim After a Highway Construction Accident?
April 19, 2018
Construction work zones are common sites on roadways, highways and interstates throughout the U.S. However, these sites place construction workers at risk of suffering a serious injury or death in the event of a car accident.
When this occurs, construction workers may have several legal options to obtain compensation for their injuries and financial losses. It may be in your best interest to contact a knowledgeable workers’ compensation attorney in Phoenix to find out if you have a case against the at-fault party.
At Phillips Law Group, we provide injury victims a free, no obligation consultation where we discuss the circumstances behind their accident and determine which party is at fault for their injury. All of our services are provided at no upfront cost and you only have to pay us if we recover compensation for your claim.
Fatal Work Zone Accidents Caused by Driver Negligence
Because of the unpredictable nature of traffic patterns, construction workers in roadside work zones are constantly at risk of being injured or killed in an auto accident.
In 2016, more than 140 workers were killed in roadside construction site auto accidents. This represents a nine percent increase from the 130 workers killed in roadside construction accidents in 2015, according to the Federal Highway Administration (FHWA).
In many cases, the FHWA attributed roadside worker deaths to driver negligence and reckless behavior, including run overs, back overs and falls.
Furthermore, the FHWA found that speeding was a factor in 190 fatal auto accidents that occurred in highway construction zones in 2016.
Workers’ Compensation Claim for Roadside Accidents
In many cases, workers who are injured in a roadside construction accident may be entitled to benefits through a workers’ compensation claim.
Additionally, workers’ compensation is a no-fault system, which means workers do not have to prove their employer was at fault for their injury to be compensated.
This means an employee who is injured in a roadside auto accident may be entitled to benefits that pay for his or her medical treatment and partial lost wages until he or she has medically recovered and is able to return to work.
However, workers’ compensation does not pay for additional damages like pain and suffering and loss of enjoyment of life. To pursue additional compensation, you will need to contact an attorney to discuss whether you may be entitled to file a lawsuit against the at-fault party.
Another type of claim that may be available to a worker injured in a construction zone is a third-party injury claim. Typically, workers’ compensation is the exclusive remedy available for an employee against his or her employer except for a few rare exceptions.
However, an injured worker may be able to file a personal injury claim against a third party that caused or contributed to his or her accident. Furthermore, the worker can receive this additional compensation on top of the benefits he or she obtains through a workers’ compensation claim.
If a worker is struck by a motorist who is negligently driving through the construction zone, he or she may be able to file a personal injury claim against the careless driver. With these types of claims, damages are not as limited as they are with workers’ compensation claims. Potential damages in these types of claims include:
- Property damage
- Past, current and future anticipated medical expenses
- Full compensation for lost wages
- Lost earning capacity
- Lost enjoyment of life
- Pain and suffering
To find out if you have a third-party injury claim against the at-fault driver, consider contacting a personal injury lawyer in Phoenix. He or she will review the accident and each party’s involvement to determine if you may be entitled to additional compensation for your injury.
Contact Our Attorneys for a Free Consultation
If you were injured in a work zone accident and think you may be entitled to compensation, contact the Phillips Law Group as soon as possible.
We can discuss the circumstance surrounding your accident during a free, no obligation consultation and determine which legal options may be available in your particular situation. If we find you have a case against a third party, we will not hesitate to pursue maximum compensation for your claim.
All of our attorneys work on a contingency fee basis, which we do not charge clients upfront fees for our services. You will only have to pay us if we recover compensation for your claim.
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Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
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