If you were hit by a vehicle while working on a road crew in Atlanta, workers’ compensation will usually cover your medical care and part of your lost wages no matter who was at fault. But workers’ comp is only part of the picture. If a careless driver, another contractor or someone else outside your employer caused the crash, you may also have a separate injury claim against them for losses workers’ comp does not pay.
Families of road workers who are killed on the job may have both workers’ comp death benefits and a wrongful death claim against the at-fault party. Here is how liability works in a Georgia work zone and what to do next.
Key Takeaways
- Workers’ comp is generally your only remedy against your employer and co-workers, but Georgia law keeps your right to sue other negligent parties (O.C.G.A. § 34-9-11).
- Drivers who speed through work zones, ignore Georgia’s move-over law, drive distracted or drive impaired are the most common liable parties.
- Other contractors, equipment makers or government agencies may share responsibility, though some general contractors are protected as “statutory employers.”
- Claims involving a city, county or the State have short notice deadlines, as little as six months for a city.
- Your employer’s comp insurer may have a lien on a third-party recovery, but only if you have been fully and completely compensated.
Why Work Zones Are So Dangerous for Road Crews
Road crews work a few feet from moving traffic, often at night, in bad weather or behind nothing more than cones and barrels. A single driver who is looking at a phone, speeding or impaired can cause catastrophic injuries in a moment.
Georgia law gives work zones extra protection. Speeding in a marked highway work zone while workers are present can bring a fine of $100 to $2,000, up to 12 months in jail, or both (O.C.G.A. § 40-6-188). Georgia’s move-over law, O.C.G.A. § 40-6-16, also requires drivers approaching a stopped highway maintenance or utility vehicle showing flashing yellow, amber or white lights, or using cones, to move over a lane if it is safe, or slow below the speed limit and be prepared to stop.
A driver’s violation of these laws can be strong evidence of negligence in an injury claim.
Workers’ Compensation: What It Covers and What It Doesn’t
Georgia workers’ comp is a no-fault system. If you are hurt on the job, you can generally receive medical treatment and a portion of your lost wages without proving anyone did anything wrong. In exchange, workers’ comp is the exclusive remedy against your employer and your co-employees, so you usually cannot sue them for the injury.
Workers’ comp does not pay for everything. It does not compensate you for pain and suffering, and wage benefits replace only part of what you earned. That gap is why a claim against a negligent third party can matter so much for a seriously injured worker.
Who Else May Be Liable for a Road Worker’s Injuries
Georgia law states that no employee shall be deprived of the right to bring an action against a third-party wrongdoer. Depending on the facts, that may include:
Negligent or Impaired Drivers
The driver who entered the work zone is often the main liable party. Speeding, distracted driving, following too closely, failing to obey flaggers and signs, and driving under the influence are common causes. If the driver was working at the time, their employer may also be responsible. A road worker struck on foot may have a claim similar to other pedestrian accident cases.
Other Contractors and Subcontractors
Large road projects involve several companies. A company other than your employer that was responsible for traffic control, lane closures, signage or equipment may be liable if its negligence contributed to the crash. There is an important limit: under O.C.G.A. § 34-9-8, a principal contractor can be treated as a “statutory employer” of a subcontractor’s workers and share the employer’s immunity. Sorting out which companies can be sued depends on the contracts and the facts.
Equipment and Vehicle Manufacturers
If a defective arrow board, barrier, truck-mounted attenuator or vehicle part failed and contributed to the injury, the manufacturer or seller may be responsible.
Government Agencies
Cities, counties and the State may have a role in traffic control, road design and work zone planning. Claims against government entities are limited and come with strict written notice deadlines: six months for a city (O.C.G.A. § 36-33-5), and 12 months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). Our guide to Georgia personal injury deadlines explains these rules in more detail.
How a Third-Party Claim Works Alongside Workers’ Comp
You can receive workers’ comp benefits and pursue a third-party claim at the same time. Under O.C.G.A. § 34-9-11.1, your employer or its insurer may have a lien on your third-party recovery for the benefits it paid. However, that lien can be enforced only if you have been fully and completely compensated for all of your losses, counting both the comp benefits and the third-party recovery.
If you do not bring a third-party claim within one year of the injury, your employer or its insurer may bring it on your behalf. You also have the general two-year deadline for personal injury lawsuits under O.C.G.A. § 9-3-33. Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) applies to the third-party claim, so a defendant may try to argue you were partly at fault. If you are found 50% or more at fault, you cannot recover from that defendant.
When a Road Worker Is Killed
When a road worker dies on the job, dependents may receive workers’ comp death benefits. Separately, the worker’s family may be able to bring a wrongful death claim against a negligent driver or other third party for the full value of the life of the person who died. The estate may also have a claim for medical and funeral expenses. These claims involve different rules about who may file, so it helps to get advice early.
Steps to Take After a Work Zone Injury
- Get medical care right away and follow your treatment plan.
- Report the injury to your employer promptly. Georgia’s workers’ comp law generally requires notice within 30 days (O.C.G.A. § 34-9-80).
- Make sure a police report is made. The report identifies the driver, vehicle and insurance. Our guide to Georgia crash report codes explains how to read it.
- Preserve evidence. Write down witness names, and ask co-workers to keep photos, dashcam video and traffic control logs.
- Be careful with insurers. Talk to a lawyer before giving a recorded statement to the driver’s insurance company or signing anything.
Frequently Asked Questions
Can I Sue My Employer If I Was Hit in a Work Zone?
Usually not. Georgia workers’ comp is the exclusive remedy against your employer and co-workers. You can, however, pursue a claim against a negligent driver or another third party whose conduct caused your injury.
Can I Get Workers’ Comp and Sue the Driver Too?
Yes. You can receive workers’ comp benefits and bring a third-party claim at the same time. Your employer or its insurer may have a lien on the third-party recovery, but under Georgia law it can be enforced only if you have been fully and completely compensated.
What If the Driver Who Hit Me Had No Insurance?
You may still have options. Depending on your policies, uninsured motorist coverage may apply when the at-fault driver has no insurance, too little insurance, or leaves the scene. A lawyer can review every policy that might cover you.
How Long Do I Have to File a Claim?
Most Georgia personal injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33). Claims involving a city, county or the State require written notice much sooner, so do not wait.
If you or a loved one was hurt in an Atlanta work zone, talk with The Gunn Law Group about your options in a free, no-obligation consultation. There is no fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
