Florida Road Construction Injuries and Deaths Caused By Drivers
As construction worker fatalities and injuries pile up on the I-4 Ultimate Project, some experts believe that the more than 160 injuries and five deaths to date are cause for alarm, as reported in the Orlando Sentinel. SGL Contractors and subcontractors have already been fined tens of thousands of dollars by OSHA—a trivial sum for the over $2 billion project. Many of these incidents involve employer negligence, while others are a combination of unsafe working conditions and negligent truck and passenger vehicle drivers. With road construction, there are hazards everywhere—often in the work the victim is doing themselves, such as welding, the work going on around them that often involves cranes and heavy machinery, and in the traffic that buzzes by all day long.
Being Hit by a Passing Car is Classified as a “Struck-By” Incident, Which Are On the Rise
According to the Center for Construction Research and Training (CPWR), road and highway maintenance workers have the highest rates of deadly “struck-by incidents” due to their proximity to traffic. A struck-by injury or fatality occurs when the worker is hit by a car, run over by a construction vehicle or hit by a falling object or flying debris, for example. CPWR found that over 800 construction workers were killed in struck-by incidents in a four-year period—the highest number in any industry. Moreover, the construction industry experiences twice as many non fatal injury struck-by incidents than any other industry, as reported by Construction Dive.
The Driver Who Hit You Should be Held Responsible
If you were hit by a construction vehicle, you can file for workers’ compensation. If you were hit by a passenger vehicle or a truck that was not involved in construction, you can sue that party directly. Additionally, in some cases you may be able to sue your employer for egregious negligence, though this is usually not an option.
Filing For Workers’ Compensation Benefits and a Personal Injury Claim at the Same Time
Workers’ compensation is available on a no-fault basis. Whether the employer was at fault, the injured worker or another employee were at fault, or an external factor caused the injury, the injured employee will receive benefits. These benefits are limited to partial wage replacement and medical expenses, though they can be received relatively quickly, unlike personal injury compensation. In a personal injury claim, the plaintiff can receive additional compensation for damages, such as lost earning capacity and pain and suffering, but the compensation takes years to recover in many cases. An attorney can help you file for workers’ compensation in the short term for immediate relief, and file a lawsuit with the at-fault driver afterwards to ensure your compensation is maximized.
Call an Orlando Personal Injury Lawyer for Assistance
Any type of construction is dangerous work, especially road construction. You deserve to be fairly compensated for the sacrifices you made and the work you did for your employer. You also deserve to be compensated by the distracted, impatient, drunk, or reckless driver who hit you. For civil justice, call the experienced Orlando personal injury lawyers at the Payer Law today for help. Call us at 407-307-2979 to schedule a free consultation.
Resources:
orlandosentinel.com/news/transportation/i-4-makeover/os-ne-i-4-ultimate-project-deaths-injuries-20190321-story.html
constructiondive.com/news/another-worker-killed-in-struck-by-incident-on-floridas-23b-i-4-project/519903/
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