Your job as a road construction flagger is to keep everyone safe when navigating around construction, but you are at serious risk of injury yourself. Drivers who ignore your signals or try to drive through closed lanes can easily cause a crash. Pedestrian injury cases like yours often leave the victims with serious injuries.
If you were hurt in the course of your job, Workers’ Compensation may be available to cover your injuries. This pays for both medical care and lost wages and covers permanent injuries and loss.
For help from our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law, call (267) 651-7945.
Are You Covered by Workers’ Comp as a Construction Flagger?
All employers with even one employee who could be injured while working in Pennsylvania must have Workers’ Comp coverage for their employees. Many road flaggers are covered, but it is usually based on your employment status and who you work for.
Contractors
If you are an independent contractor instead of an “employee,” then you are potentially not covered. You also have no “employer” to file your claim with.
This does not stop you from getting damages, though; you can still sue or file a claim against the driver’s car insurance, as usual.
Employees of Construction Companies
If you are employed by the construction firm, then you should be covered under their Workers’ Comp for any work-related injuries. This is also the case if you are an employee of a contractor and not an “independent contractor” yourself.
Employees of Flagger Companies
You should also be covered as an employee of a flagger company, like Flagger Force. These companies are typically your direct employer, even if you were working at a client’s work site operated by a separate construction company.
What Injuries Does Workers’ Comp Cover?
Workers’ Comp covers most injuries a road flagger might suffer in the course of their job. As long as the injury was “work-related,” our road flagger injury lawyers can help you get compensation for any of these, and more:
Car Accidents
If someone clipped you or hit you with their car, you can file a Workers’ Comp claim. You may also have a car insurance claim or lawsuit to file, but Workers’ Comp can typically cover you first.
Assault
Sometimes drivers get incredibly angry at construction flaggers, and they might hit you with their car intentionally or even get out and start a fight. This is assault, but it is still a work-related injury and should still be covered in many cases.
An exception may be relevant if you started the fight, which could constitute illegal activity, blocking coverage.
Heat Exhaustion/Heat Stroke
Working outside in the heat is part of the job, but you should always have adequate access to water, shade, and breaks. If you do not, and you suffer injuries like heat exhaustion or even heart attacks from heat stroke, that should be covered.
Cold Weather Injuries
The same is true in cold weather: injuries from the weather should be covered. This can include things like frostbite or hypothermia.
Other Environmental Hazards
Other injuries from working outside or walking around a construction site should be covered as well. For example, slipping on ice in the winter, falling down an embankment, or having something from the construction site fall on you should all be covered as work-related.
Can You Sue for Work Accidents as a Road Flagger?
Even though Workers’ Compensation covers you, you may still be entitled to a lawsuit. There are damages Workers’ Comp does not cover, so a lawsuit can be essential to getting full damages after your injury.
Third-Party Defendant Needed
Workers’ Comp laws block you from suing your employer for your work-related injury. This does not stop you from suing a third party, i.e., anyone outside of your employer-employee relationship or any outside company.
Examples
The most common example for road flaggers is going to be car accidents. You can typically sue the driver or file a claim with their insurance after a crash, even if Workers’ Comp already covers you.
Other examples include defective product injury cases against the manufacturer, as well as injuries caused by property owners, a construction firm, or passersby.
How Long Do You Have to File?
Workers’ Comp requires you to report injuries to your employer within 21 days of the accident, with a hard, final limit of 120 days. If your initial claim is rejected, you can file a formal claim with the government within 3 years of the date of injury.
Lawsuits must be filed within 2 years.
What is Your Case Worth?
Always check with a lawyer about the value of your case. Your Workers’ Comp case is often worth the full cost of all medical care needed to treat the injury plus 2/3 of your lost wages, or the difference in pre- and post-injury wages if you are still working to some extent. You can also get additional damages for permanent amputation, lost function, serious facial scars, lost hearing, or lost vision.
A lawsuit can include full medical costs, full lost wages, and pain and suffering damages. Anything you recover twice, like medical bills, is typically paid back to the insurance carrier if they already paid you through Workers’ Comp.
Do You File a Car Accident Claim if You Were Hit While at Work?
Potentially. You can often file a Workers’ Comp claim first, and that pays damages without addressing who was at fault. Then, you can file a car insurance claim against the driver who hit you to get additional damages covered, like the rest of your lost wages and your pain and suffering.
Can You Get Damages if You Were at Fault?
Workers’ Compensation is a no-fault system, meaning your employer pays your damages regardless of who caused the accident. As long as you did not injure yourself on purpose, through drug use, through alcohol use, or through illegal activities, it does not matter if you were at fault or if someone else was.
However, you may have difficulty suing a driver or filing a car insurance claim if you were partially at fault. Accident victims in Pennsylvania cannot recover if they were over 50% at fault.
Call Our Workers’ Comp Lawyers for Construction Flagger Injuries
Call Cardamone Law at (267) 651-7945 for a free review with our road flagger injury lawyers today.
