Flaggers & Traffic Controllers Accidents While Working
Call a Vermont Workers' Compensation Attorney Today
Flaggers and Traffic Controllers are standing in hazards of traffic. Their bodies are completely unprotected and unshielded from the risk being grazed, hit or crushed by careless drivers of cars and construction vehicles. The risk increases when motorists are not given adequate warning of the upcoming work zone, or if the areas is poorly lit or poorly marked, or if the employee is not provided even Class 1 garments.
What You Need to Know – Lawsuit Against the At-Fault Driver, Plus Workers’ Comp
If you’re in an auto accident while working as a Flagger or Temporary Traffic Controller, you may be able to sue the driver responsible for causing your injury and disability.
That’s because, except for your employer, you can bring a lawsuit against any person or company responsible for causing your work injury (sometimes called “Third-Party Lawsuit”). And in that lawsuit, you can seek money damages for what is commonly referred to as “pain and suffering,” loss of life’s pleasures, diminished earning capacity and many other damages – damages that are not claimable in workers’ comp.
“Pain and suffering” and other damages are not claimable against the employer for injury at work. The law protects the employer from lawsuits and damages. The law only allows an injured employee to make a claim against the employer for workers’ compensation insurance benefits. But the law doesn’t prevent you from suing the at-fault driver or even an at-fault co-worker.
And while suing the other driver, which may take a long time, you can still be eligible – immediately – for workers’ compensation insurance benefits and payments because the injury and disability happened while working.
If your negligence caused the accident, you are still covered under workers’ compensation, because workers’ compensation is “no-fault” insurance benefits. A workers’ compensation injury attorney in Vermont can help you organize these details and help you plan and pursue your legal options.