Construction is a dangerous profession. It involves powerful machinery, heavy materials and a lot can potentially go wrong even in the best of circumstances. In Ohio and elsewhere, construction workers suffer job injuries every day. It is therefore important to make sure constructions sites are as safe as possible.
A particularly tragic construction site accident recently took place in Tennessee, where a vehicle struck and killed a worker while he was carrying pipe across a road, according to news reports.
Construction work is especially hazardous when workers operate in close proximity to traffic. Employers, workers, and drivers all need to exercise maximum caution in such situations to achieve maximum safety and avoid job-related accidents.
In instances such as this, where a third party injures or even kills a worker, the victim’s family may be able to pursue workers’ compensation as well as another claim against the motorist who struck the construction worker.
In Ohio and in every state, workers’ compensation is a “no fault” system, which means that it is irrelevant whether an employer’s negligence contributed to the work-related injury or death. What matters, rather, is that the victim was involved in a workplace injury or suffered an occupational disease in the course of employment.
Workers’ compensation laws exist to help protect employers from high-priced judgments while making it possible for employees or their families to obtain compensation from employers without a long, drawn-out legal battle. When an employer and a non-employer are both liable in the same incident, a third party claim can often be filed against the non-employer.
Source: WCYB.com, “Worker Hit And Killed In Construction Zone,” Angela Yingling, Feb. 9, 2012