Lataysha James v. Professional Technicians, Inc.
Traffic collision injuries and deaths have risen in Delaware in recent years, and construction workers have been at risk of serious injuries in various work zones across the state. According to an article from Delaware Online, the major construction work that has been ongoing through Wilmington on I-95 is scheduled to end in 2023. The end of that construction work should mean that the highway is relatively safer for all motorists and that construction workers will be at less risk of serious injury in a collision that occurs in a work zone. As that article points out, Delaware officials have attempted to reduce the overall rate of crashes, especially in construction zones, by implementing an Electronic Speed Safety Program (ESSP), which electronically monitors the speed of motorists in construction zones. Since the implementation of ESSP in January 2022, the Delaware Department of Transportation has identified “95 total work zone crashes . . . including 16 crashes resulting in personal injury.” Those numbers represent a reduction of 209 work zone crashes in 2021 and 32 crashes that resulted in personal injuries.
While certain electronic monitoring programs may be able to reduce certain work zone crashes and identify them when they do happen, it is important to know that construction workers can still sustain severe injuries in work zone crashes. When a work zone crash does happen, and a construction worker gets hurt, what should that worker know about seeking financial compensation? Our Delaware construction accident lawyers can say more.
File a Workers’ Compensation Claim After a Work Zone Injury
After a highway work zone injury occurs, an injured construction worker should begin taking immediate steps to obtain workers’ compensation benefits. For many injured construction workers, workers’ compensation is an exclusive remedy. To get started, you will need to notify your employer as soon as possible about your construction accident injury. Regardless of who is at fault, you may be eligible to obtain workers’ compensation coverage. Accordingly, whether your employer’s negligence caused the work zone crash, your own negligence caused the collision, or a third party’s negligence resulted in injuries in a work zone, you may be able to obtain coverage through the Delaware workers’ compensation system.
The Centers for Disease Control and Prevention (CDC) identifies some important safety procedures that construction employers should follow in order to prevent severe and deadly injuries in construction work zones on highways and other roads, including providing proper safety training to workers, ensuring that traffic control devices are used to prevent crashes and that workers are visible to oncoming traffic with proper lighting and high-visibility workwear. Yet even if an employer’s negligence plays a role in causing the work zone crash, workers’ compensation is still the exclusive remedy.
Suing a Negligent Driver
While an injured construction worker cannot file a lawsuit against a negligent employer, many work zone crashes happen because of a third party’s negligence — that is, the negligence of a motorist on the road. For example, a driver might fail to slow down while driving in the work zone, or swerve into a work zone while sending or reading a text message.
When a third party is liable for a construction accident, the injured worker may be eligible to file a personal injury lawsuit against that third party.
Contact a Delaware Construction Accident Lawyer for Assistance
If you have questions about seeking compensation following a construction work zone injury, one of our Delaware construction accident lawyers can help. Contact Freibott Law online today or call our office in Wilmington at (302) 633-9000.
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