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  • Writer's pictureLeitner Varughese Warywoda

What to Know About Highway Work Zone Construction Injuries

Work zones on highways and other major roads are among the most dangerous places for a construction worker to work. While speed limits are significantly reduced in most work zones to allow for safe construction work, motorists routinely violate those lower speed limits and cause severe and deadly collisions with construction workers in these areas. If you were injured while performing construction work in a highway work zone, or if you lost a loved one in a highway work zone construction accident, it is important to learn more about these types of injuries and to know that you may have multiple options for seeking financial compensation. Our New York construction accident lawyers can tell you more about what you need to know.

Highway Work Zones are Extremely Hazardous

Highway work zones are extremely hazardous. According to the Centers for Disease Control and Prevention (CDC), since 2003, an average of 123 construction workers have been killed yearly in highway work zone accidents. That statistic does not even account for the thousands of construction workers who have been injured. Employers have a duty to take several steps to prevent injuries at these sites. The CDC identifies some of the following as injury prevention measures that need to be considered:

  • Installing temporary traffic control devices;

  • Ensuring lower speed limits are enforced;

  • Hiring flaggers;

  • Requiring workers to wear high-visibility clothing;

  • Illuminating the work zone at dusk and after dark; and

  • Ensuring that all construction workers have been adequately trained to perform duties within highway work zones while remaining as safe as possible.

You May Be Eligible for Workers’ Compensation

After a highway work zone accident, an injured construction worker (or a family member if the construction worker was killed in the accident) can likely seek workers’ compensation coverage through the New York workers’ compensation system.

You Could Be Eligible to Sue Your Employer Under New York Labor Law

In addition to workers’ compensation benefits, it may be possible to file a lawsuit. If the highway work zone accident resulted from an employer’s negligence — such as failure to install preventive or safety devices or failing to provide safety equipment or training — then it may be possible to sue the employer under New York Labor Law.

You Might Be Able to Sue a Negligent Third Party, Too

Finally, many work zone construction accidents result from a third party’s negligence — namely, the negligence of a motorist who crashes into the work zone. In cases where a third party has caused a highway work zone injury, it may be possible to file a personal injury lawsuit against that negligent third party.

Contact a New York Construction Accident Lawyer Today

Construction work zones on highways and other roads can be extremely dangerous, and multiple parties may be liable for a construction worker’s injuries. Depending upon the circumstances of the injury, a construction worker may be able to seek compensation through the New York workers’ compensation system in addition to seeking compensation by filing a lawsuit. One of our experienced New York construction accident attorneys can assist you. Contact Leitner Varughese, PLLC, today to learn more about our services.


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