Construction Worker Struck in Hit and Run On I-70
On November 1st, 2018, a MoDOT construction contractor was hit by a driver while installing a guardrail on I-70 in St. Louis, MO. The driver drove away from the scene. Though the worker did not sustain any serious injuries, the reality is that this could have ended up much worse.
From 2011-2015, 609 workers were killed due to injuries in road work zones. Of this number, 46% of these accidents involved pedestrian vehicles. It can be shocking and confusing if you find yourself in this situation, but it is important to take action and protect your rights.
More than 2,000 Construction Workers are Killed by Pedestrian Vehicles Each Year
In 2016, 2,083 construction workers were killed due to being struck by pedestrian vehicles. Fines and fees for hitting a construction contractor vary from state to state. If a construction worker is hit by a pedestrian vehicle in Missouri, the driver faces the loss of their license and up to $10,000 in fines and fees. In Illinois, drivers can face the same fines in addition to up to 14 years in jail.
What to Do If You are Hit in a Construction Zone
If someone is hit in a construction zone, it is important to immediately seek medical attention and inform the authorities (or employer) of the situation. Injuries should be documented and contact information for people involved should be gathered before the report is made. It is essential to complete a claim form with the employer, because until the claim form is completed, the employer has no obligation to provide benefits to the injured worker. The last step is to have a road construction lawyer look over the claim form before submitting it to ensure that your case will receive the most compensation for your injuries sustained while on the clock.
Types of Workers’ Compensation Claims
Workers’ Compensation is a program that is administered by the Department of Labor to help workers who are injured while working. There are many different types of claims that can be made, and every case is different. If a construction contractor is hit by a pedestrian vehicle while on the job site, the worker could be eligible for compensation for medical care costs, temporary disability, permanent disability, or vocational rehabilitation. Medical care costs pertain to medical bills, prescription costs, ambulance fees, and other costs that were racked up due to medical care for accident-related injuries.
Temporary disability is granted when a worker has lost wages due to not being able to work because of injuries related to the accident. If approved for workers’ compensation, the employee will receive monthly payments for TTD (Temporary Total Disability) from their employer. Permanent disability is when the worker is critically injured, and is unable to resume their position at all. This can be a lump sum, or monthly payments that will be made to you by your employer. Vocational Rehabilitation is a “voucher” for educational retraining, skill building or other job-related training to help victims either resume their current job or get a different job with the skills learned in vocational rehabilitation.
Duty of Care Law
Duty of Care is defined as “The responsibility of a person or organization to take all reasonable measures necessary to prevent activities that could result in harm to other individuals and/or their property.” To prove that a construction zone accident involving a pedestrian vehicle is in violation of this, it must be proved that the driver was acting recklessly, and ignoring responsibilities in regulated zones. The specifics of this law vary from state to state, but in California, some of the factors include: “The foreseeability of harm to the injured party, the degree to which the injured party suffered, the closeness of the connection between the defendant’s behavior and the plaintiff’s injury or other damages, and the availability, cost, and commonness of insurance for the risks that were involved.”
Contact a St. Louis Attorney to Represent Your Case
If you or someone you care about has been involved in a construction accident involving a pedestrian vehicle, after seeking immediate medical attention you should consult an attorney. A road construction attorney can guide you through this confusing time, and ensure that your rights are protected while dealing with your work-related injuries. If you need an attorney in St. Louis, MO, the Dixon Injury Firm can be contacted 24/7 at (314) 409-7060, 855-40-CRASH, or you can contact us here today to handle your injury claim.