Workers’ Compensation for Road Construction Crews
Road construction can be a highly dangerous job, with motorists failing to obey speed limits or exercise caution when driving in work zones. The spring and summer seasons bring increased traffic and drivers who are in a hurry to make it to the airport or to the beach. Roads may need more repairs during the hotter months, which means that more construction crews will be working on the side of the road.
Unfortunately, increased workers and increased drivers is a recipe for disaster. Here are four things you need to know about workers compensation for roadside construction workers.
Employer Compensation
First and foremost, your employer should be responsible for covering the cost of your medical care if you have suffered an injury while working. However, a few stipulations apply. According to South Carolina law, an employee is required to give notice to the employer within 90 days of the accident. Employees are eligible for benefits as long as all of the required paperwork is filled out in a timely manner.
Third Party Claims
In many cases, construction workers who are injured by a motorist are able to file a third party claim against the driver who caused the accident. If driver was clearly at fault due to his or her failure to obey speed limits, drive carefully, and be alert for construction crews, you have a solid case. It also may be possible to file a third party claim against a government agency or a safety inspection company depending on the nature of the accident.
Determining Fault
While it may seem obvious that the driver is responsible for the accident, other factors can place blame on the employee or the employer. For example, failure to wear the proper safety gear or failure to post warning signs may lessen the driver’s responsibility. Your company may be on the receiving end of a lawsuit if there were no traffic guides, lane change postings, or posted warning signs and a driver was injured in a crash.
Workplace Accident Prevention
Although roadside construction crews are unprotected from passing motorists, there are several steps you can take to reduce your risk of an accident. Wearing reflective gear at night, taking advantage of safety equipment such as hard hats, and always remaining alert to the danger can help lower the chance of an accident. Some states are taking additional measures to prevent accidents. In Ohio, signs reading, “Slow Down: My Mommy/Daddy Works Here” in a child’s handwriting have helped remind motorists of the terrible cost of distracted or reckless driving.
Contact the John Price Law Firm today at (843) 552-6011 if you or a loved one has been the victim of a workplace accident. Our expert team knows your rights and will fight for the most benefits and coverage possible for you. Don’t let the tragedy of an accident stop you from getting the compensation you deserve.
Additional Resources:
http://www.safetynewsalert.com/supervisors-saw-worker-suffer-injury-does-that-count-as-notice-for-workers-comp/
http://harrisworkerscomp.com/keep-road-construction-crews-safe-job/