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Road Construction Injuries Can Involve Workers’ Compensation, Third Party Claims

Posted on in Workers' Compensation

Road Construction Injuries Can Involve Workers’ Compensation, Third Party ClaimsDespite the COVID-19 pandemic forcing many workers to stay home, road construction workers are among those who are performing essential work. Maintaining roadways is crucial to the transportation of essential goods and services. The Illinois Department of Transportation said that its workers will continue to perform maintenance on roads and that there are no plans to delay construction projects. Road construction workers may feel fortunate to be able to work, but their profession has a high risk of serious or fatal injuries, for which they may need to file a workers’ compensation claim.

Injury Statistics

According to the Centers for Disease Control and Prevention, 1,844 workers died at road construction sites from 2003 to 2017, including 83 workers in Illinois. Many more workers are injured each year. Anyone working on a major roadway is at risk, including:

  • Construction laborers
  • Highway maintenance workers
  • Operators of heavy machinery and transportation vehicles
  • Supervisors for these workers

Heavy machinery and falling accidents are common with all construction jobs. For road construction workers, transportation-related accidents are responsible for a majority of the injuries because workers are dealing with public drivers on the roadway and work-related vehicles. Even if workers take every precaution against being injured by their own vehicles, they cannot control the actions of a reckless driver who ignores caution signs and causes a crash.

Personal Injury Lawsuit

If a passing vehicle caused your road construction site injury, you may have grounds to file a personal injury lawsuit against the driver on top of your workers’ compensation claim. Unlike workers’ compensation benefits, there is no cap on what you can receive from a personal injury award. With a personal injury lawsuit, you could receive compensation for pain and suffering and a decreased quality of life. Before you file a personal injury lawsuit, you should know that:

  • You will need to prove that the driver was at fault for the accident
  • Your comparative fault for the accident may decrease the award you receive
  • If your award from the personal injury lawsuit includes medical expenses, your employer may ask that you return part of your workers’ compensation benefits

Contact a Crystal Lake, Illinois, Workers’ Compensation Lawyer

An injury that you suffer at a road construction site could require expensive medical treatment, cause you to miss extensive time at work, or result in a disability. A McHenry County workers’ compensation lawyer at Botto Gilbert Lancaster, PC, will make sure that you are properly compensated for your injuries. To schedule a free consultation, call 815-338-3838.

Source:

https://www.cdc.gov/niosh/topics/highwayworkzones/default.html

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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