When you work as a road flagger, you are at risk not only from injuries from the construction sites you protect, but also the drivers you direct. There are also risks of injury from heat exhaustion on hot days or frostbite and hypothermia on cold days.
If you were hurt in the course of your job, our attorneys can help you seek compensation through your employer’s Workers’ Compensation. This process is a bit complex, and you should always work with a lawyer to help protect your claim and see that it includes all benefits you are entitled to.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for your free case evaluation.
What Types of Accidents Are Covered Under Workers’ Compensation
All kinds of accidents that happen in the course of your job as a construction flagger should be covered.
Work-Related Requirement
An injury is covered under Workers’ Comp if it is “work-related.” This means that either one of these is true:
- It was caused by dangerous conditions at your workplace, such as construction activity, slippery roads in the snow, or weather exposure.
- It arose out of your work tasks, such as being hit by a car or being struck by construction equipment while flagging.
Is Commuting Covered as “Work-Related”?
Typically, injuries during your commute into and out of work are not covered, meaning a crash on your way there might not be covered as “work-related.” However, if you commute to work by arriving at one location, then you all drive to the construction site together in a company truck, then that trip is part of your job and work tasks.
A crash during trips between work sites or some sort of home office and a worksite should be covered as work-related.
Accidental Injuries
Most accidents are covered. Even if the accident can be blamed on someone, but it was not caused intentionally, then it is usually covered under Workers’ Comp. Because Workers’ Comp is a no-fault system, it does not matter who caused the accident.
You can even file a claim for accidents you caused.
Intentional Injuries
If you were intentionally injured by someone else, it might be covered. For example, being intentionally hit by a driver who was mad at you for telling them to stop would still be a work-related injury.
However, injuries your employer causes you intentionally can be grounds for a lawsuit instead of a Workers’ Comp claim. Lastly, injuries you cause yourself intentionally cannot be covered.
Are Car Accidents Covered?
Generally, a car accident during the course of your work should be covered, but you may be entitled to a car accident claim, too.
Workers’ Comp Coverage
Your employer’s Workers’ Comp is a type of no-fault coverage. This means it covers crashes and other accidents, regardless of who caused the crash.
This means it should cover crashes you accidentally cause while driving between work sites, accidents when a driver hits you while working, or construction vehicle accidents during your job tasks.
Car Insurance Coverage
If your crash is covered by car insurance, that might also cover the crash. You can file lawsuits and car accident claims against third parties, such as a driver who hit you passing through the construction site.
No Double Coverage
If your claim is already paid through Workers’ Comp, then your employer’s Workers’ Comp carrier will likely put a “subrogation lien” on your case. This allows them to get paid back from the winnings if you file a car accident case against the driver.
This stops you from getting the same damages paid twice, such as medical care. It also shifts the burden of paying to the party who was actually at fault – the driver – instead of your employer or their insurance carrier.
Is Assault Covered?
Strangely enough, one common cause of injury for road flaggers is assault. Impatient drivers may intentionally clip or hit you, constituting vehicular assault. They might even get out of their car to be violent.
Even though someone else injured you intentionally, it should still be considered a work-related injury and get you Workers’ Comp coverage if you were assaulted at work.
What Damages Are Covered Through Workers’ Compensation?
Workers’ Comp pays three primary areas of benefits:
Medical Expenses
The care you receive to treat your work-related injury should be covered, even if the injury does not stop you from working. This care usually needs to come from approved “panel doctors” for the first 90 days of care, with narrow exceptions.
Wage-Loss Benefits
If you miss work and lose income because of a work-related injury, your employer should pay for that. If you are unable to work, your rate is usually 2/3 of your pre-injury average weekly wage (AWW). If you can work a bit, you get 2/3 of the difference between pre- and post-injury AWWs.
This is capped at the statewide AWW and has a floor at the lower of 1/2 the statewide AWW or 90% of your pre-injury AWW.
Specific Loss Benefits
If you suffered any of these injuries, you can get additional benefits:
- Serious facial scars
- Amputation
- Lost hearing
- Lost vision
- Lost function.
The rate is 2/3 of your pre-injury AWW, with a cap at the statewide AWW and a floor at half that. The duration depends on the specific injury; each injury’s duration is listed in the Workers’ Compensation Act.
Can You File a Lawsuit?
You may file a lawsuit for work-related injuries, but not against your employer.
Grounds
You need to prove that a party was at fault for the crash to sue them. This usually means showing they were “negligent.” That means they injured you by violating a legal duty they owed.
For example, if you were hit by a driver who failed to listen to your traffic direction, they violated a legal duty to obey your flagging. Speeding or drunk driving also violates various duties.
Third-Party Defendant Required
You can only sue a third-party defendant. You cannot sue your employer or coworkers, meaning you would typically sue a driver, a construction firm, or some other outside defendant.
Additional Damages
A lawsuit can cover pain and suffering and additional wage-loss benefits that Workers’ Comp does not cover. As mentioned above, you cannot recover the same damages twice, so the Workers’ Comp insurance carrier may be able to take back the amounts to cover what they already spent on your damages.
That usually leaves your additional damages – like pain and suffering – untouched.
Call Our Workers’ Compensation Attorneys for Construction Flagger Injuries in Bucks County
Contact our Workers’ Compensation lawyers for road flagger injuries at Cardamone Law by calling (267) 651-7945 right away.
