May 192014
 

New Jersey’s highways and roadways are often under construction. In the spring time, there are more work crews working on the Garden State Parkway or New Jersey Turnpike. Workers may be injured while working at the highway construction sites. One type of accident that happens at a worksite on highways involves workers getting hit by cars or trucks driving by or by construction vehicles that are on the worksite.

For example, a construction worker working on the shoulder of the NJ Turnpike may get hit by a car or truck that is driving too close to the shoulder. Workers injured in these types of motor vehicle accidents on New Jersey highways often sustain serious injuries because the vehicles are traveling at a high speed, i.e., 65mph or more.

Another example involves a construction site vehicle, such as a truck or dump truck, which runs over a worker on the site. This is what happened to a worker earlier this month on the Garden State Parkway.

A 60 year old construction worker working at milepost 91.4 on the Garden State Parkway was seriously injured after a truck that was part of the construction crew backed over him. The worker suffered serious head injuries and was hospitalized in serious condition. *Source: www.app.com (Construction worker hit by pickup truck on Parkway in Lakewood)

What to do After a Motor Vehicle Accident on a NJ Highway Construction Site

When workers are injured in auto or truck accidents on highway construction sites, they may receive workers’ compensation benefits such as medical benefits and lost wages. However, workers only receive 70% of their lost wages. For a detailed discussion about New Jersey workers’ compensation benefits, see Injured at Work? Benefits you may Receive Under NJ’s Workers’ Compensation Act

Pursuant to NJ’s Workers’ Compensation Act, injured workers cannot file a tort action or lawsuit against their employers for work-related accidents, even if the accidents were caused by the employers’ negligence. However, injured workers may file lawsuits against other parties.

In the above accident on the Garden State Parkway for example, if the truck driver was an employee of another construction company, the 60 year old injured worker may be able to file a lawsuit against the truck driver and his construction company. The injured worker may recover pain and suffering damages, which are damages not covered by workers’ compensation benefits.

Therefore, the injured worker may recover from a workers’ compensation claim and also from a lawsuit against the negligent truck driver.

Many injured workers who are injured in auto accidents while on the job do not know that they may have claims against the negligent drivers. They often only think that the workers’ compensation claim is their only remedy.

If you were injured in an auto accident while working, it is important to get the advice of a NJ personal injury lawyer who knows NJ workers’ compensation law. Philip T. Ciprietti, a NJ personal injury lawyer, has been helping injured auto accident victims for over 35 years. Call 800-281-8695 to schedule a FREE consultation.