A member of a paving crew was killed on the afternoon of Tuesday, October 13, when a pickup truck struck him on Interstate 55 in Mississippi, according to WJTV and WREG. The Mississippi Highway Patrol said the crash happened around 1:30 p.m.
The worker's employer, a Memphis paving contractor, confirmed his death. The crash is still under investigation.
What Happened on Interstate 55
The crash happened in a work zone on Interstate 55 near Winona, Mississippi, about two hours south of Memphis, according to reports citing WREG. The company, Lehman-Roberts, offered condolences to the worker's family.
The Mississippi Highway Patrol is leading the investigation. As of the latest reports, officials had not said what caused the crash or whether the driver will face charges.
Why This Matters to Alabama Workers
Every day, road crews across Alabama work just a few feet from fast moving traffic on Interstate 65, Interstate 20 and Interstate 59. Flaggers, paving crews, utility workers and tow truck drivers all face the same danger. One distracted or speeding driver can change a family's life forever.
Work zone crashes also hurt drivers and passengers. Sudden lane shifts, uneven pavement and stopped traffic can lead to serious wrecks.
We do not know what caused this crash, and we will not guess. The lessons below apply to anyone who works on or drives through a highway work zone.
The Legal Issues in Plain Language
Workers' Compensation
In Alabama, most workers hurt on the job can receive workers' compensation benefits. These benefits can help pay medical bills and part of lost wages. When a worker dies, certain family members may receive death benefits. In most cases, workers' compensation is the main way to get benefits from the employer, even when no one at the company did anything wrong.
Claims Against a Careless Driver
Workers' compensation is not always the only option. If a driver who does not work for your employer caused the crash, the injured worker, or the family of a worker who died, may also have a claim against that driver. This is often called a third party claim. It can cover losses that workers' compensation does not, such as pain and suffering.
Others Who May Share Responsibility
Road projects often involve several companies. A general contractor, a traffic control company or a government agency may be in charge of signs, barrels, barriers and lane closures. If a work zone was not set up safely, more than one party may share the blame. Claims involving government bodies often have special rules and short notice deadlines.
The Employer's Duty to Keep Workers Safe
Under federal workplace safety law, employers have a duty to protect workers from known hazards that can cause death or serious harm. For road crews, that includes training, high visibility clothing and a safe plan for moving traffic around the people doing the work. Workers have the right to report safety concerns without being punished for it.
Practical Steps for Workers and Drivers
If You Work on the Road
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Wear high visibility gear on every shift.
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Know your traffic control plan and your escape route.
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Report missing signs, barrels or flaggers to your supervisor in writing.
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Avoid turning your back to moving traffic whenever you can.
If You Drive Through a Work Zone
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Slow down and follow the posted work zone speed.
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Put your phone away.
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Move over when you safely can, and watch for workers and equipment.
If You Are Hurt in a Work Zone
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Get medical care right away and tell the doctor the injury happened at work.
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Report the injury to your employer as soon as you can, and ask for a copy of the report.
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Get the crash report number and the names of any witnesses.
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Take photos of the work zone setup if you are able, or ask a coworker to do it.
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Do not give a recorded statement to the driver's insurance company before you get advice.
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Talk with a lawyer about workers' compensation and any other claims. Deadlines to file can be short.
Frequently Asked Questions
Can a road worker sue the driver who hit them in a work zone?
In many cases, yes. Workers' compensation usually covers on the job injuries. But if a driver who does not work for your employer caused the crash, you may also have a separate claim against that driver.
Does workers' compensation cover work zone injuries in Alabama?
Generally, yes. Most Alabama employees hurt while doing their job can receive workers' compensation benefits for medical care and part of their lost wages, no matter who caused the crash. Some employers and workers are not covered, so it helps to have a lawyer review your situation.
What should a family do after a loved one is killed in a work zone crash?
Ask for the crash report, keep any letters from the employer or insurance companies and avoid signing anything until you understand your rights. A lawyer can explain possible death benefits and wrongful death claims. Deadlines to file can be short.
Talk With Heninger Garrison Davis
If you or someone you love was hurt in a similar situation, the team at Heninger Garrison Davis can help you understand your options. Call for a free consultation.
Disclaimer
This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
