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Third-party cases: Construction zone accident injures worker

Despite warnings to slow down in construction zones, many California drivers fail to take extra care. Unfortunately, such behavior threatens the lives of workers. Accidents in which construction workers are injured by vehicles traveling through often result in third-party cases.

A 51-year-old worker in a construction zone on Highway 89 recently suffered severe injuries when he was struck by a pickup truck. It was reported that the worker was assigned to control the traffic in a busy construction zone. According to CHP, the injured worker was airlifted to a hospital for treatment of major injuries.

The driver reportedly fled the scene of the accident but was located and arrested on the following day. He is being held in custody and will now be facing charges related to the hit-and-run accident that caused the worker's injuries. California Highway Patrol says an investigation into the accident is ongoing, and the events leading up to the collision will have to be determined.

California workers are prohibited from filing lawsuits against their employers and have to pursue compensation for medical expenses by filing workers' compensation claims. However, in cases such as this one in which construction workers are injured through the negligence of other parties who are not employed by the construction company, third-party claims may be filed in a civil court. Such lawsuits may be filed in addition to workers' compensation claims. Through workers' compensation, injured workers are typically covered for no more than medical expenses and a percentage of lost wages. Third-party cases allow workers to claim damages for pain and suffering along with other documented financial losses sustained.

Source: sacbee.com, "Man arrested after road-construction worker struck on Highway 89", Barbara Barte Osborn, July 2, 2015

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