How these crashes happen
- A driver enters the closed area and strikes a worker.
- A speeding or impaired driver hits a flagger or a work vehicle.
- A worker is struck or backed over by a vehicle operated by a different company.
- Defective equipment or safety devices fail.
- A traffic control company sets up inadequate protection for the crew.
Who may be responsible
Your employer's workers' compensation
Workers' compensation generally covers medical care and part of lost wages no matter who was at fault, and it is usually the only claim available against your own employer.
A driver who hit you
A driver from the traveling public is a third party. A claim against that driver can include damages workers' compensation does not pay, such as pain and suffering.
Another company or a manufacturer
In some situations a different company on the project, or the maker of defective equipment, can be responsible. Nevada has specific rules about which companies on a project can be sued, so this needs a careful look.
Evidence that matters
- The incident report filed with your employer
- Names of coworkers and others who saw what happened
- Photos of the scene, the traffic control setup, and any vehicle or equipment involved
- The police crash report if a driver was involved
- Your workers' compensation claim paperwork and medical records
Work zones change from day to day. If you can do so safely, capture the scene before it changes, and follow these steps.
Common questions
I am already getting workers' compensation. Can I still bring another claim?
Often, yes. If someone other than your employer caused the injury, you may have a separate third-party claim. The workers' compensation insurer usually has a right to be repaid from that recovery, which is one reason to get advice early.
Will bringing a claim affect my job?
Nevada law protects employees who file workers' compensation claims. A third-party claim is against the driver or other company, not your employer.