The end of August brings thousands of students throughout Nebraska back to school. Newly licensed drivers, bus drivers and mothers and fathers dropping children off bring hectic situations to the roadway. As Nebraska's construction season comes to close, the combination of increased construction and more distracted drivers may prove deadly for workers.
Obtaining workers' compensation for being injured by a driver while you work may bring significant restitution. If a court finds that a driver injured you while you acted in the scope of your employment, you may obtain funds to get your body mended and make up for time lost during recovery. In any workers' compensation claim, you want to hire an experienced attorney who can help prove that your employer should aid in your medical expenses.
The dangers of construction zones
Nebraska's Department of Transportation (NDOT) emphasizes the safety and security of both drivers and pedestrians. Especially in construction zones, where construction workers complete their jobs very near speeding drivers, NDOT seeks to remind drivers of work zone safety. In 2014, 116 construction zone workers died while doing their job.
According to law, drivers must:
- Slow down
- Brake and signal to alert other drivers
- Avoid tailgating
- Obey all work zone signs
Should you face injury when a driver disregarded construction zone safety, a judge may award you the benefit of workers' compensation.
Proving injury during work
Usually, workers' compensation involves many moving parts. It is essential to hire an attorney to aid in proving that your injury is valid, and your medical expenses require financial aid by your employer's workers' compensation insurance.
In Nebraska, your attorney must prove:
- Your injury occurred by accident. In this instance, you did not cause your own injury.
- Your injury arose from the course of employment. A court must find that you stood properly on the side of the road, wore proper gear, and a vehicle hit you.
- You did not exhibit willful negligence. At the time of the accident, you stood in a required zone and wore reflective clothing.
- Your injuries sustained were a direct result of a driver hitting you while you worked for your company.
Although a court may analyze your circumstances, understand that if a judge finds you not at fault for your injuries sustained while you worked, you may receive required compensation for your medical expenses. Nebraska law works to ensure that compensation is given to its rightful recipient.