Road Worker Hit By Car: Do They Have A Workers’ Comp Case?

Workers’ comp lawyer discusses medical, wage loss, and third-party claims for a road worker hit by a car in Michigan

Road Worker Hit By Car: Do They Have A Workers' Comp Case?

Maintaining highways and roads can be a very dangerous job. The potential for death from a speeding or distracted driver is a very serious concern. Distractions from cell phones, passengers, and the radio can result in a tragic motor vehicle accident. Here is some information for a road worker hit by car in Michigan. Please remember that every situation is different, so it is a good idea to call a lawyer for an individual consultation.

Michigan Law

Michigan law imposes criminal penalties of up to one year in prison for injuring and up to fifteen years in prison for killing a road construction worker. This is a powerful warning to motorists who drive recklessly through job sites. We believe this issue deserves even more attention than it gets. Motorists need to slow down and keep distractions to a minimum. This can go a long way to preventing a deadly accident.

Employees who get hurt on-the-job from an automobile accident have special rights and need to pay very close attention. Roadway accidents most commonly occur in construction sites and involve motor vehicle collisions. This means both workers’ comp and auto negligence apply.

Can a road worker hit by a car in Michigan make a claim for workers’ comp benefits?

A road worker hit by car in Michigan can make a claim for workers’ comp benefits. This includes unlimited medical treatment without copayments or deductibles being owed. It also pays wage loss benefits equal to 80% of an employee’s after-tax average paycheck. This money is tax free and continues for however long a person is disabled. Unfortunately, this is an employee’s “exclusive remedy” against the employer meaning pain and suffering is not available.

Family members of a road worker hit by car in Michigan can also seek survivors’ benefits under workers’ comp. Dependents can get up to 500 weeks of wage loss benefits. There is also a $6,000 burial expense. Dependency is a complicated legal issue and insurance companies frequently dispute wage loss claims. Children under the age of 16 should be presumed dependent. Spouses will need to prove factual dependency to have a valid claim. We recommend speaking with an experienced workers’ comp lawyer if survivors’ benefits are not paid.

Can a road worker hit by a car in Michigan file a lawsuit against a the at-fault driver?

A road worker hit by car in Michigan is also permitted to file a lawsuit against the at-fault driver. Additional damages include pain and suffering. This is called a third-party lawsuit. Workers’ comp gets paid back if any recovery is made from the negligent party. It is critical to speak with an experienced workers’ comp lawyer to ensure that any lien is valid. For example, there are circumstances where money does not have to be paid back for medical treatment or the first three years of wage loss benefits.

Injured while on the job? Contact our workers’ comp lawyers for a free consultation

To speak with an experienced Michigan workers’ comp attorney about your work injury claim, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.

Our workers’ comp attorneys have been exclusively helping injured workers in Michigan for more than 35 years and can help you better understand Michigan workers comp laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.

Related information:

Car Accident At Work Laws: Here’s What To Know

Road Worker Hit By Car: Do They Have A Workers\' Comp Case?
Injured On The Job: A Guide to Michigan Workers Compensation Law Injured On
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