Road construction is a familiar sight throughout New Castle County. Drivers traveling on I-95 and major corridors such as Route 141 regularly encounter lane shifts, construction vehicles, workers near traffic, temporary barriers, and changing traffic patterns.
For construction workers, these projects can also mean working only feet away from moving vehicles and heavy equipment.
When someone is injured in or around a Delaware construction zone, the legal options depend heavily on who was injured, how the accident happened, and who caused it.
Why Work Zones Can Be Dangerous
Construction zones combine ordinary highway traffic with unusual conditions. Narrow lanes, sudden stops, reduced shoulders, equipment entering traffic, temporary signs, and workers on foot can all increase the consequences of a driver’s mistake.
Delaware has experienced serious work-zone incidents in recent years. DelDOT has specifically urged motorists to slow down, remain attentive, avoid impaired driving, and move over when approaching qualifying roadside vehicles and work areas.
But work-zone accidents are not always caused by motorists. Unsafe equipment, inadequate job-site practices, subcontractor mistakes, or other hazards can also contribute to an injury.
What If You’re a Construction Worker Injured on the Job?
If you’re an employee injured while performing construction or road work, Delaware workers’ compensation may be the first source of benefits.
Workers’ compensation generally doesn’t require an employee to prove that the employer was negligent. For a qualifying work injury, benefits can potentially include necessary medical treatment and wage-loss or disability benefits.
Delaware’s workers’ compensation system is generally the exclusive remedy against an employer for covered accidental workplace injuries.
That means an employee ordinarily cannot simply replace a workers’ compensation claim with a negligence lawsuit against the employer.
There is, however, an important exception when someone outside the employment relationship caused the injury.
Can You Have Both Workers’ Compensation and a Personal Injury Claim?
Potentially.
Delaware law allows an injured employee to pursue a legally responsible third party in appropriate circumstances even when the worker is also entitled to workers’ compensation.
On a construction project, a third party could potentially include:
- A negligent motorist who enters or crashes into the work zone
- An outside contractor responsible for dangerous work or equipment
- A property owner or other company whose negligence contributed to the accident
- A manufacturer responsible for defective machinery or equipment
Whether a particular company qualifies as a third party can become complicated on projects involving general contractors, subcontractors, multiple employers, and overlapping responsibilities.
A third-party personal injury claim can also provide categories of damages that workers’ compensation does not ordinarily provide, including pain and suffering.
What If You’re a Driver Injured in a Construction Zone?
You don’t have to be a construction worker to have a work-zone injury claim.
Suppose a driver is injured because another motorist speeds through a lane shift and causes a collision. The negligent motorist may potentially be responsible for the resulting damages.
Other accidents may raise more complicated questions. A crash might involve construction equipment entering an active lane, improperly secured materials, or another dangerous condition associated with ongoing work.
The existence of a construction zone does not automatically make a contractor, government agency, or another party liable. A successful claim still requires evidence establishing a legal basis for responsibility.
Identifying who controlled the work and what actually caused the accident can therefore be critical.
Why Legal Guidance Matters
Construction and work-zone accidents can involve multiple companies, insurance policies, and overlapping areas of Delaware law.
For an injured worker, one of the most important questions may be whether someone other than the employer contributed to the accident. For an injured motorist, determining who created or controlled a dangerous condition can require a detailed investigation.
Nitsche & Fredricks LLC can help injured people in Wilmington and throughout New Castle County investigate construction and work-zone accidents, evaluate workers’ compensation benefits, identify potentially responsible third parties, and understand the compensation that may be available.
