According to a report from Fox 10 Phoenix, a construction worker was seriously hurt after being struck by an oncoming water truck. Unfortunately, the safety of highway workers remains a very serious problem in our region. Here, our Phoenix workers’ comp lawyer explains what we know about the collision, highlights the risks that construction workers face in highway maintenance zones, and provides an overview of the legal process for getting compensation.
Construction Worker Hit By Water Truck in Peoria, Arizona
A construction worker is in the hospital after being hit by a water truck. The crash happened on a roadway construction site in Peoria, near the border of Maricopa County and Yavapai County. The Peoria Police Department reported that the driver remained at the scene and cooperated with the investigation. Unfortunately, the construction worker has serious injuries.
Highway Construction Workers Face a Very Serious Safety Risk from Traffic
A highway construction zone has the potential to be a very dangerous place—both for workers and for motorists. According to data from the Department of Transportation (DOT), there were 891 roadway work zone fatalities reported nationwide in 2022 alone. Many tens of thousands more people sustained serious injuries in crashes. Workers face major risks. With vehicles often traveling at high speeds and drivers sometimes distracted or impaired, the danger is ever-present. Here are some key points to be aware of:
- Collisions Happen for Many Reasons: Some accidents are caused by driver errors. Common examples include speeding, distracted driving, and failure to adjust for construction. Though, other issues can contribute to these collisions as well, including poor signage for the construction work zone.
- Construction Worker Safety Must Be a Priority: To mitigate the inherent risks, it is crucial for both drivers and construction companies to take proactive measures. Notably, enforcing lower speed limits in construction zones can reduce the risk and severity of crashes. Further, clear, well-lit signs that alert drivers to upcoming work zones and proper physical barriers that can provide a buffer between traffic and workers can reduce the hazards. The proper worker training can also help to limit serious accidents.
Understanding the Claims Process for Highway Construction Workers in Arizona
1. A Workers’ Compensation Claim Comes First (Should Always Be Filed)
Hurt on the job while working as a construction worker on or near a roadway in Arizona? You have the right to file for workers’ compensation benefits. Here are key points to keep in mind:
- Virtually All Employers in Arizona Must Provide Workers’ Comp: In Arizona, nearly all employers are mandated by law to carry workers’ compensation insurance. This requirement ensures that employees injured on the job have access to medical care and financial support. For highway construction workers, whose jobs inherently involve higher risks, workers’ compensation insurance coverage is truly essential.
- Workers’ Comp Provides No-Fault Benefits: You do not have to prove that your employer was at-fault for your accident to qualify for benefits. Arizona’s workers’ compensation system operates on a no-fault basis. An injured worker is eligible for benefits without needing to prove an employer’s negligence/fault for causing the injury. Benefits typically include coverage for medical expenses, rehabilitation costs, and a portion of lost wages.
- A Denial Can and Should Be Appealed: Even with the no-fault system in place, many injured construction workers in Arizona can run into trouble during the claims process. If a workers’ compensation claim is denied, workers should not assume that this is the end of the process. Denials can happen for various reasons—from incomplete paperwork to disputes over whether the injury is work-related. A top-tier Phoenix, AZ workers’ comp lawyer can help you navigate the appeals process.
2. Injured Highway Worker May Have Additional Third Party Liability Claim
One of the unique issues that arises with highway construction worker accident claims is that the victim often has a third party liability lawsuit. You should always file for workers’ comp. These are not “either/or” claims. A third party liability claim is an additional claim that may be an option if your injuries happened because of negligence on the part of anyone besides your own employer. Here are key points to know about highway construction worker third party liability cases:
- Non-Employer Third Parties May Be Liable (Drivers, Contractors, etc): While workers’ compensation covers injuries related to employment, there are situations where a third party’s actions contribute to a worker’s injury. For highway construction workers, this could involve negligent drivers who enter work zones unsafely, subcontractors who fail to maintain safety standards, or manufacturers of faulty equipment. A thorough investigation should be conducted into the accident.
- Third Party Liability Claims are Based on Fault: Third-party liability claims differ from workers’ compensation because they are fault-based. To succeed in such a claim, the injured worker must prove that the third party’s negligence directly caused their injury. Along with other things, this typically involves gathering evidence—from accident reports to witness statements. Your Phoenix, AZ workers’ comp lawyer can help. Proving fault is a must.
- Additional Financial Compensation Can Be Sought: Workers’ comp may not cover the full scope of your damages after a serious highway construction accident. Pursuing a third-party liability claim allows injured workers to seek additional compensation not available through workers’ compensation alone. You may be able to get additional financial support for loss of long-term earning power, pain and suffering, long-term disability, reduced quality of life. and other non-economic losses. A lawyer will help you maximize your settlement or verdict.
Get Help From a Phoenix Work Injury Lawyer for Construction Workers Today
At Snow, Carpio and Weekley, PLC, our Phoenix workers’ compensation attorneys have the skills and experience to protect the rights of construction workers who were hurt in highway maintenance zones. Call us at (877) 370-5788 or contact us online to set up a free, completely confidential initial case assessment. With a law office located right here in Phoenix, we represent injured highway construction workers in Maricopa County and throughout the State of Arizona.
