This year continues to be a very busy one for construction workers in the State of Indiana, as progress continues on a variety of highway projects across the state. Read, “Which projects could finish, continue on Indiana roads in 2024,” written by Eric Graves and published by FOX59 on January 4, 2024.
There are huge, ongoing infrastructure projects involving interstate highway road work that include “Revive I-70,” “I-65 Safety and Efficiency,” “I-69 Ohio River Crossing,” “I-465 Clear Path Northeast,” “I-65 at US 52 Interchange Improvement,” and the “Sherman Minton Renewal,” as delineated at the Indiana Department of Transportation website. There are also the Next Level Roads detailed online by the Build Indiana Council that involve other roadways such as state highways, rural routes, and bridges.
Hoosier Highway Work Zones are Complicated and Dangerous
Working on Indiana’s highways can involve many things, and things may be a little different for these highway workers than those on other kinds of construction sites. So much so, that researchers have recently published a study that focuses upon the risks that Hoosiers face when on the job in a highway work zone just from motor vehicle collisions. See, Wu, Hongyue, et al. “Key Factors and Representative Scenarios in Work Zone Safety: Indiana Crash Data Analysis.” Proceedings of 60th Annual Associated Schools 5 (2024): 939-947(“Study”).
In fact, highway road work construction zones are known to be so dangerous for workers that the Indiana Department of Labor has announced that there will be surprise road work zone visits by agents from the Indiana Occupational Safety and Health Administration as well as the Indiana Department of Transportation to make sure that employees are being kept safe on the job by those with legal duties of care. Things like the Manual on Uniform Traffic Control Devices (MUTCD) must be followed, for instance, which mandates not only safety signage but also detailed worksite layouts for the road work zone to keep workers safe as well as passing traffic (in cars and on foot).
Other safety measures include making sure that highway workers have the right personal protective equipment (PPE), as provided by their employers. And for highway construction work in Indiana, it is vital that all these road work zone PPE have reflectivity for early morning, dusk, or nighttime tours of duty. For more, read: Personal Protective Equipment (PPE) for Industrial Workers.
Why all the concern for road work zones?
As the Study explains, a highway work zone can involve a “…road section with construction, maintenance, or utility work activities, …” and it is “… different from a normal construction site due to the potential conflicts between construction activities and traffic activities, making work zone scenarios more complex and hazardous”. Study, page 939.
The Indiana highway worker has a very byzantine worksite. There are safety hazards that include:
- Fellow workers;
- Trucks and industrial vehicles;
- Channelizing devices;
- Heavy machinery;
- Heavy equipment;
- Private motor vehicles;
- Drivers on the roadway;
- Pedestrians on the roadway; and
- Private property owners (and their invitees, licensees, or trespassers).
This makes the highway workplace especially dangerous for all sorts of accidents and fatalities. For instance, the Study points to the Indiana State Police reporting 6357 construction-related crashes involving motor vehicle accidents alone in road work accidents in the year 2022. Study pages 939, 942. Drivers hit highway road workers all too often.
Highway road work zone workers also face a significant risk of being seriously hurt or killed in tunnel, culvert, and bridge repair accidents as well as from injuries sustained in crushing or struck-by incidents involving heavy machinery or equipment, or from electrical injuries or exposure to hazardous chemicals.
For more, read: Fatal Road Work Zone Accidents in Indiana and Illinois; and Work Zones in Illinois and Indiana: Fatal Accidents, Serious Injuries.
5 Steps to Take If Indiana Construction Worker Is Hurt in Highway Road Work Accident
For those workers on the job who find someone seriously injured while at work on a roadway or highway here in Indiana, here are five things to know that can help that road work zone accident victim and their loved ones:
- Any construction worker suffering bodily harm on the job should be given immediate medical care, and there should be those on the worksite that understand basic medical treatment for job injuries. This includes fast help for things like bleeding, fractures, or unconsciousness. And of course, first responders should be notified by 911 right away.
- Supervisors and any other company management representatives on the site need to be alerted, too. They should be prepared with company policies and plans that have step-by-step protocols to follow when someone is seriously hurt while on the job. These company men should have had prior training in dealing with accidents and medical emergencies, as well.
- The accident scene should be protected until the accident victim has been treated and taken to the hospital for further treatment. Traffic should be diverted or halted as long as possible to prioritize the protection of the worker victim and those tasked with tending to the victim’s injuries.
- Photos and videos taken by phones at the accident scene can be invaluable. They may be vital to those assessing health care and treatment, as well as for later determinations of legal liability involving third parties (aside from the victim’s employer).
- Lists of those who might be witnesses either to the accident itself or to the actions taken (or not taken) in the aftermath of the worker’s injuries are also significant in seeking justice for the worker victim. This is especially important if there were visitors on the road work site that day (including passersby or rubberneckers) who may have seen something important.
Claims for Justice After Serious Highway Construction Worker Injuries in Indiana
Of course, the first thing that the accident victim and their loved ones will pursue will be filing a workers’ compensation claim pursuant to Indiana workers’ compensation laws. There is no need to prove fault in a worker’s compensation claim, and relatively fast financial help can be obtained for the worker and their loved ones. For details, read our earlier discussion in The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.
However, an investigation into the highway worker’s accident may reveal that there are third parties who may have liability for what has happened under various personal injury laws. These claims must proceed as standard civil causes of action, where the victim does have the legal burden of proving a breach in duties of care and safety under the law that provide for damages to be paid. It is a more complicated avenue for justice than filing for workers’ compensation. See, Worker’s Compensation vs. Personal Injury Claims: Who Has to Pay?
The damages that are available in these circumstances are more comprehensive not only for the victim but for their family members, too. It is wise for any Indiana road construction worker hurt on the job in a highway project to investigate the possibility of third-party responsibility.
- The Increasing Danger of Dying on the Job: Fatality Risk Just Keeps Growing for Workers
- What are Catastrophic Injuries? Severe Bodily Harm Suffered by Accident Survivors in Indiana and Illinois
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
- What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Highway construction in the Hoosier State can involve some of the most dangerous work that anyone can undertake in the State of Indiana. Sadly, work zone safety for those involved in construction, repair, maintenance, or utility work on our roadways remains unsatisfactory to keep highway workers safe from harm. Highway accidents cause catastrophic injuries with permanent harm as well as death. Allen Law Group represents victims of work related accidents in Chesterton, Fort Wayne, Merrillville, Hammond, and throughout Indiana. Please be careful out there!
