Kaufman & Stigger, PLLC can help you through the claims process when you’re injured while working at a construction site in Louisville. Just like there’s all different kinds of construction jobs here in Louisville, there’s also all different kinds of construction sites. Each carries their own risks, and with road construction, it’s sometimes doubly problematic. When you get hurt, though, you have options we can help you with. Set up a free consultation today.
When Should I Talk to a Lawyer?
Road construction is constant in Louisville. That’s just part of living in a city that’s constantly expanding. But to actually get that job done, it takes crews of workers that resurface roads, replace utilities, work on bridges, and change the whole layout of the road. It’s obviously already dangerous work, but when you add in drivers, contractors, or other people on the jobsite not doing what they’re supposed to do, you can end up seriously hurt. And after an accident, you usually have more to deal with than just your injuries.
That’s when it makes sense to talk to our lawyers. We can:
- Figure out what caused the accident and who might be responsible
- Pull together the records, photos, and other evidence that matter
- Deal with the back-and-forth with your bosses and the workers’ comp carrier
- Look further into whether you might have legal options
No matter how experienced or careful you are, you can’t account for what the other people around you do. And with road construction, that doesn’t just include the people and companies you work with. It also brings in outside drivers, pedestrians, and other people just trying to get around. That only makes the situation more complicated.
How Accidents Happen in Louisville Road Construction
Road construction in Louisville can mean working around everything from busy downtown intersections to traffic moving along the Watterson or one of the major roads connecting the city to the surrounding suburbs. You might also have to work on the bridge crew, which means working against the constant flow of vehicles crossing the Ohio River.
Basically, conditions can change quickly. A lane may close, traffic may shift, or heavy equipment may be moved into an area where you were just working a few minutes earlier. And when safety gets overlooked or people aren’t careful, injuries can stem from:
- Drivers speeding through Louisville work zones or ignoring signs and flaggers
- Drivers entering lanes or areas that are closed to traffic
- Construction equipment backing up or moving without a clear path
- Poorly marked lanes, detours, or changing traffic patterns that confuse drivers
- Excavations, trenches, or uneven road surfaces that aren’t properly protected
- Poorly maintained or defective construction equipment
- Loose materials, debris, or equipment left where workers or vehicles can hit them
- Poor lighting or limited visibility around the work zone
- Workers not being properly trained to work safely around traffic and heavy equipment
In other words, there’s a lot of moving parts when you spend day in and day out in these conditions. That might be unavoidable, but accidents aren’t—no matter what the higher ups say. But it’s not just about what’s happened to you, it’s also about the information you have to show it.
Understanding the Information That Can Help a Claim After a Road Construction Accident
If you’re hurt while working on a road construction project, information is important, but not more important than your own health and safety. Instead, what you need to do first is:
- Report the accident to someone in charge and call 911 for medical help.
That should take care of alerting your employer that an accident has happened, and should also put you in a better place health-wise. As far as information right there at the scene, you or someone you trust can get a few basics like:
- Pictures/videos of the work zone, traffic, signs, barriers, equipment, and anything else that may have played a role in the accident
- Pictures of your injuries, especially if they’re visible right after the accident
- Names and contact information for anyone who saw what happened, including coworkers, drivers, or flaggers
- Information about the vehicle or equipment involved, including the company it belongs to if you know
- The names of the contractors, subcontractors, or other companies working on the project
That’s about as much information as you can reasonably expect to get at the scene. From that point, it’s about focusing on keeping up with your medical care. Then, in the days and weeks that follow, other important information will start coming in, like:
- Medical records and bills from your treatment
- Your company’s accident report
- Your doctor’s work restrictions and instructions
- Pay stubs or other records showing the income you’ve lost
- Pictures of your injuries as they heal
- Surveillance, traffic-camera, or other video that may have captured the accident
- Emails, texts, or other messages with your employer or workers’ comp
- Notes about your appointments, pain, recovery, and how the injury is affecting your everyday life
As you make your recovery, these things are going to form the foundation of your claim. But again, the important thing for you to remember is that no matter what the situation is, you need to get help first and worry about the aftermath later.
Options For Filing a Claim Injured Road Construction Workers
Obviously, you never want to get hurt at work. But even in an environment as potentially dangerous as road construction, it’s something that can happen quite easily. Once the immediate danger is gone, though, what a lot of workers find is that there’s questions that your bosses and insurance companies aren’t rushing to answer.
On your end, though, the main question is pretty simple: how are you going to pay your bills? Thankfully, there’s an answer: filing a claim. But the question there is what kind. Generally, it happens through:
- Filing a workers’ compensation claim. Whenever there’s a workplace injury, this is usually the starting point. The good thing about a workers’ comp claim is that you don’t have to prove someone was at fault for the accident. You simply file and start receiving available benefits, like
- Medical care for your injuries
- Temporary disability payments if you can’t work
- Permanent disability benefits if your injuries leave lasting problems
- Help with job training if you can’t go back to the same type of work
- Filing a personal injury claim. A drawback to workers’ comp is that the benefits are pretty specific and, more importantly, run out after a while. So if you have longer term injuries or don’t know the full impact yet, a personal injury claim might be your next option. It works the same way as it would if the accident happened outside of work, but that also means that you have to show negligence. In the context of one of these accidents, that could mean:
- A driver ignored signs, flaggers, or other work-zone warnings
- A driver entered an area that was closed to traffic
- A contractor didn’t properly set up or maintain the work zone
- Traffic lanes, detours, signs, or barriers weren’t properly marked
- A company used equipment that was damaged or not properly maintained
- Another contractor or company created an unsafe condition on the jobsite
- Someone knew about a dangerous condition and failed to fix it
Once you have negligence, you move forward with actually filing your claim through insurance or through a lawsuit, with the goal being financial support relating to things workers’ comp doesn’t fully cover, like:
- Medical bills and future medical expenses
- Lost wages and future income you may miss out on
- Pain and suffering
- Emotional distress
- The impact your injuries have on your everyday life
- Losses your family may face if the accident is fatal
Keep in mind that there are deadlines involved. In Kentucky, a workers’ compensation claim generally must be filed within two years of the accident, while a personal injury claim generally has a one-year deadline. No matter what option you decide to pursue, our team will be there to help you understand your options and take the next steps.
Get a Free Consultation After a Road Construction Work Injury in Louisville
Working on Louisville roads means dealing with traffic, heavy equipment, changing work zones, and all the risks that come with them. Whether you’re working downtown, along Dixie Highway, near the Watterson, or somewhere else around Jefferson County, you shouldn’t have to fight with an insurance company on top of dealing with an injury, missed work, and medical bills.
At Kaufman & Stigger, PLLC, we can help you understand your workers’ comp options, look into whether someone else might be responsible, and support you as you work your way back to full strength. Set up a free consultation today to get started.
