Road construction can be dangerous in a few ways. Construction workers face all kinds of risks on a job site, but when that site is in the middle of a road, they also face risks from dangerous drivers and improper safety protections.
If you were hurt on the job, work with a lawyer to get full compensation. You may be entitled to Workers’ Compensation coverage, as well as a potential lawsuit. Workers’ Compensation pays regardless of fault, but complications can arise in a lawsuit since you cannot sue your employer for injuries.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
Who Do You File a Claim Against for a Road Construction Accident?
Your claim must be filed against the right parties for the claim to succeed.
Workers’ Comp Claims
A Workers’ Comp claim is filed with your employer. They then file the claim with their Workers’ Comp insurance carrier.
Your employer pays through Workers’ Comp regardless of who caused the accident, even if it was your own fault.
Lawsuits
Lawsuits are filed against the at-fault party. This means examining what happened and determining who was at fault before you can file.
Typically, this will be someone like the driver who hit you or a manufacturer of defective or dangerous tools or materials. One problem is that you typically cannot sue your employer, even if they were at fault; Workers’ Comp laws in Pennsylvania simply block you from doing so unless they hurt you on purpose.
Car Insurance Claims
You can file a car insurance claim against an at-fault driver who injured you instead of suing. We can take them to court in a lawsuit if they refuse to settle.
Can You Sue for Road Construction Accidents?
Potentially. Most road construction accidents are caused by third parties, such as a driver who hit you or the manufacturer of dangerous or defective materials or tools. You can sue these third parties, even if you file for Workers’ Comp first.
You cannot, however, sue your employer, except under narrow exceptions. If they do not have insurance or injured you intentionally, this lawsuit might be available; otherwise, you can only sue third parties.
What if Your Employer is Partially at Fault?
If you do file a lawsuit, you must file against a third party. You cannot recover against your employer in a lawsuit, even if they did share partial fault. The percentage of fault assigned to your employer would just be cut out of the total damages in your case.
What this means is that the defendant – such as a driver – will try to blame the accident on your employer. The driver would only pay for their fair share of damages, and if they can blame more and more of the crash on your employer, then that is more and more of the damages that they do not have to pay.
What Damages Does Workers’ Comp Pay?
Workers’ Compensation pays certain benefits:
Medical Benefits
The full cost of treating your injuries should be covered. This includes not only surgeries and hospitalizations, but also medication, follow-up care, and rehabilitation. Mental health care should also be covered, such as treatment for PTSD after a serious crash.
Lost Wages
If you cannot work because of the accident, you can claim 2/3 of your pre-injury wage – subject to caps and floors – as wage-loss benefits. These are capped at the statewide average weekly wage (AWW) and have a floor at half that or 90% of your AWW, whichever is lower.
If you can work to some extent, your benefits are instead 2/3 of the difference in your pre-injury and post-injury AWWs. You cannot get more than you would if you were totally out of work.
Duration
As long as you are “totally disabled,” your benefits continue as long as you cannot work. However, after the first 2 years on benefits, you will be asked to undergo a review every 6 months. If this finds you are under 35% “whole-body impairment,” you are converted to “partial disability” benefits.
The amount only changes if your work status actually changes. However, you can only keep getting partial disability benefits for another 500 weeks total (consecutive or not).
Specific Loss
Specific loss benefits pay you for
- Amputation
- Total lost function
- Lost vision or hearing
- Serious facial scars.
The amount paid is 2/3 of your pre-injury AWW, capped at the statewide AWW, and with a floor at half that.
Duration
Each injury subject to specific loss benefits is listed in the Workers’ Comp Act with a specific duration of benefits. These are listed as a number of weeks.
Typically, these benefits come after your total disability ends or in a settlement if you settle before that point.
When Do You File a Workers’ Comp Claim?
You must meet these filing deadlines or else your claim is in jeopardy.
Initial Claim
You have to report your injury to your employer within 21 days of the accident. They then file a claim with the insurance carrier.
If you do not do this within 120 days at the latest, your Workers’ Comp claim is likely over.
Formal Claim
After denial, you can file a formal Claim Petition with the Workers’ Comp Office of Adjudication within 3 years of the accident.
Lawsuit
Lawsuits must be filed within 2 years in nearly every case.
Can You Get Pain and Suffering for a Road Construction Accident?
Pain and suffering is only paid in a lawsuit or car insurance claim. Workers’ Comp does not pay these damages.
Nearly every injury is worth some level of pain and suffering, but more serious, debilitating injuries pay higher pain and suffering.
When Should You Contact a Lawyer?
Contact a lawyer as soon as you can after the accident. Your attorney can help coordinate your care, advise you of your rights, track damages, research the case, and begin filing.
What Kind of Lawyer Should You Use?
You should always work with a Workers’ Compensation lawyer when filing your case. Our attorneys for road construction cases have experience and training in Workers’ Comp that other attorneys do not, and we can also handle lawsuits as needed.
Call Our Workers’ Compensation Lawyers for Road Construction Workers Today
For your free case review, call Cardamone Law’s road construction accident lawyers at (267) 651-7945.
