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Chicago Workers' Compensation Lawyer > Blog > Workers Compensation > Understanding Road Worker Injury: Covered Under Workers’ Compensation or Personal Injury?

Understanding Road Worker Injury: Covered Under Workers’ Compensation or Personal Injury?

RoadwayWorker

Road workers can suffer several injuries, and these injuries can range from minor to severe. Some accidents or incidents even result in long-term disabilities or death. Even when road workers follow all the best practices, they can still suffer injuries. Unfortunately, when a road worker suffers an injury, the injury does not affect the worker alone. Road worker injuries can have a significant financial impact on the families of the injured workers. The good news, however, is that after a road worker suffers an injury, they may be eligible to file a legal claim and seek compensation. But what may confuse many is whether road worker injuries are covered under workers’ compensation or personal injury law, especially when the injuries are related to motor vehicle accidents. Determining if a road worker injury is covered under workers’ compensation or personal injury law is vital.

Hazards Faced by Road Workers

When people think of road worker injuries, many automatically think of motor vehicle accident-related injuries. Indeed, most injuries reported by road workers are motor vehicle accident-related. However, road workers can suffer injuries in many other ways. Apart from being hit by a car, the following are other ways road workers can suffer injuries;

  • Falls
  • Electrocution
  • Accidents involving heavy machinery
  • Crushes
  • Exposure to heat
  • Exposure to loud noise
  • Exposure to toxic chemicals

Importance of Understanding Whether a Road Worker Injury Is Covered Under Workers’ Compensation or Personal Injury Law

It is vital for a road worker to be able to tell if their injury is covered under workers’ compensation or personal injury law. Accurately classifying a road worker injury is paramount in ensuring the worker and their family recover the justice and compensation they deserve. Without a clear understanding of whether a road worker injury is covered under workers’ compensation or personal injury law, it may be challenging to receive the appropriate justice and compensation.

Understanding Road Worker Injuries Classification

Road worker injuries can fall under workers’ compensation, personal injury, or both, depending on the specifics of the situation. In most cases, road worker injuries are covered under workers’ compensation.

For a road worker injury to be covered under workers’ compensation, the injured worker must be classified as an employee, not an independent contractor. Secondly, the injury must have occurred while the worker was performing job duties within the scope of their employment. Additionally, Illinois law states that for a worker to be eligible to file a workers’ compensation claim, they must have reported their injury to their employer within 45 days.

Generally, road worker injuries are covered under personal injury law if a third party (other than the employer or a co-worker) is to blame for the injury. For example, a road worker’s motor vehicle accident-related injury is covered under personal injury if a negligent driver is to blame for the injury. However, it is crucial to note that in a case where a third party is to blame for a road worker’s injuries, the worker may still be eligible to file a workers’ compensation claim if their injury happened while the worker was performing job duties within the scope of their employment. In such a case, a worker may be eligible to file both a workers’ compensation and personal injury claim.

Contact Us for Legal Help

Our Chicago workers’ compensation lawyer at Connolly Injury Law is here for you if you need legal guidance. Contact us today to schedule a consultation.

Source:

illinois.gov/sites/iwcc/Documents/icpnFORM.pdf

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