An accident involving a tractor-trailer in a construction zone left a worker with the Maryland State Highway Administration dead.
The accident was a bit unusual in that the driver of the tractor-trailer was parked at the time of the incident.
The truck driver, who was apparently helping with a highway construction project, had gone around to the back of his truck when the driver of an excavator rotated the equipment in order to move a concrete barrier from the side of the road.
The rotation pinned the trucker against the trailer of his own truck, killing him. The operator of the excavator also suffered injuries but is expected to survive the accident. Both the police and the state’s occupational safety authorities are investigating the tragedy.
Injured workers, families may need more than workers’ compensation
Hopefully, the family of the man who died will be able to obtain workers’ compensation benefits on account of this loss.
These benefits are available to cover items like medical bills and lost wages. However, they do not pay for everything. Sometimes, the benefits may not cover all of a victim’s out-of-pocket losses.
Even if they do, these benefits will not pay for non-economic losses including emotional distress and pain and suffering.
For this reason, victims of workplace accidents involving a motor vehicle, including grieving families, may need to consider filing a personal injury or wrongful death case against those responsible for the accident.
While the law may prohibit filing a case against an employer who had workers’ compensation benefits available, other responsible parties may be liable as well.
For example, another business may be liable if one of its employees caused the accident. This is a common scenario at construction sites where many different firms do work at the same time. A defective product or defective piece of equipment also frequently contribute to construction accidents.
An experienced attorney can help victims of workplace accidents in the greater D.C. area evaluate their legal options.