Flaggers & Traffic Controllers Work Accidents

Flaggers and Traffic Controllers are often required by their job to stand in the direct flow of traffic. Their bodies are completely unprotected and unshielded from the risk of being grazed, hit or crushed by careless drivers of cars and construction vehicles. The risk increases when motorists are not given adequate warning of the upcoming work zone, or if the areas are poorly lit or poorly marked, or if the employee is not provided even Class 1 garments.

Filing a Lawsuit Against the At-Fault Driver (Third-Party Lawsuits)

If you’re in an auto accident while working as a Flagger or Temporary Traffic Controller, you may be able to sue the driver responsible for causing your injury and disability.

That’s because, except for your employer, you can bring a lawsuit against any person or company responsible for causing your work injury (sometimes called “Third-Party Lawsuit”). And in that lawsuit, you can seek money damages for:

• Pain and suffering
• Loss of life’s pleasures
• Diminished earning capacity
• Many other damages that are not claimable in workers’ comp cases

“Pain and suffering” and other damages are not claimable against the employer for injury at work. The law protects the employer from lawsuits and damages. The law only allows an injured employee to make a claim against the employer for workers’ compensation insurance benefits. But the law doesn’t prevent you from suing the at-fault driver or even an at-fault co-worker.

Filing for Workers' Compensation Benefits

While suing the other driver, which may take a long time, you can still be eligible – immediately – for workers’ compensation insurance benefits and payments because the injury and disability happened while working. If you or a loved one have suffered a catastrophic injury as a result of your accident, such as a traumatic brain injury, I can assist you in recovering compensation for this as well.

If your negligence caused the accident, you are still covered under workers’ compensation, because workers’ compensation is “no-fault” insurance benefits. As your experienced Vermont workers’ compensation injury attorney at the Law Office of Charles L. Powell PLLC, I can help you organize these details and help you plan and pursue your legal options. With more than 30 years of experience, I have guided hundreds of victims to recover compensation.