Highway Injuries

Everyone has encountered “orange barrel season,” which often runs year-round. Highway construction work is necessary, no matter how dreaded it might be, and calls for extra caution and patience by drivers.

Highway construction workers risk their lives every day. Not only are they in danger of traffic accidents, but faulty construction equipment, unsafe materials, and neglectful contractors can also cause injury or death. A significant contributing risk to construction traffic accidents is distracted drivers, particularly those using their cellphones.

The Pennsylvania Department of Transportation (PennDOT) reports that, on average, nearly half of all work zone crashes involve injuries or fatalities. According to PennDOT, state highways are the most dangerous, followed by interstates, the turnpike, and local roads.

Data from the Bureau of Labor Statistics (BLS) show that an average of 123 construction workers die annually, and thousands more sustain serious injuries on active road construction sites. Pennsylvania has the third-highest rate of work zone fatalities.

Galfand Berger LLP has represented individuals injured or killed because of highway accidents. We know the risks that highway workers are up against. When you work on a highway, there rarely are protective barriers in place to shield your body from a collision with a vehicle. Although workers are provided with hard hats, there is no other gear to protect them from impact. For these reasons, when a highway injury occurs, it can result in serious bodily injury or even death.

What Are Work Zone Dangers?

Workers being hit by a vehicle is by far the leading cause of highway worker injury and death. The Federal Highway Administration (FWHA) lists large trucks and buses as the leading vehicles involved in worker fatalities. However, pickup trucks, semis, tractor-trailers, SUVs, vans, and equipment vehicles are also threats. Speeding was a factor in a significant number of work zone crashes.

The National Institute for Occupational Safety and Health (NIOSH) reports the additional common highway work zone hazards.

Tips for Safe Driving in Highway Construction Zones

The safety of workers in highway work zones depends highly on the good behavior of drivers. Whether a car, bus, SUV, pickup, or commercial truck, every driver must use extra caution when traveling near a highway construction zone.

The following are driver tips to keep construction zone workers safe:

• Stay alert and pay attention to flaggers and signs.
• Obey posted work zone speed limits.
• Avoid distractions and give your full attention to the road.
• Maintain a safe distance around other vehicles.
• Turn on headlights in inclement or dark weather.
• Do not speed, especially near construction zones.
• Do not drive under the influence of drugs or alcohol.
• Use four-way flashers when stopped or traveling slowly.
• Obey posted signs about traffic changes and look out for barricades, barrels, and other traffic control devices.
• Be courteous to other drivers when construction causes lane narrowing or merging.

How Can Highway Workers Stay Safe?

Employers are responsible for providing a safe and healthful workplace free from recognizable hazards and in compliance with federal, local, and state safety laws and regulations.

The majority of injuries to work zone employees are from passing motor vehicles and construction equipment. Per OSHA guidelines, employers must implement the following measures to mitigate the hazards of working in highway construction zones:

• Warn motorists of traffic zones far in advance with stationary and light-up signs, cones, flaggers, and other methods.
• Use traffic controls such as cones, concrete, sand bags, barriers, crash cushions, delineator posts, and barrels to limit motorist intrusions into work zones.
• Provide clear signage that alerts drivers they are entering an active work zone and instructs them where to drive.
• Ensure flaggers wear high-visibility, fluorescent clothing made from reflective material.
• Provide adequate lighting for workers on foot and construction equipment operators.
• Require the use of seat belts and rollover protection on all construction vehicles and equipment per manufacturer guidelines.
• Make sure that flaggers are trained and certified on authorized signaling methods.
• Train workers on how to set up and maintain a safe work zone. Anyone flagging traffic should know to follow the safest practices.
• Require equipment training, so employees know how to maneuver around equipment and take all precautions for their own safety and that of others.

Construction workers should also help themselves remain safe:

• Wear high-visibility clothing at all times, including armbands, hats, and vests. Never assume traffic can see you.
• Be observant of all potential hazards, including blind spots, moving construction equipment, and roadway traffic. Use spotters as necessary, especially if large equipment blocks your view of traffic.
• Understand communication signals between equipment operators and workers on foot. Stay current on signal training.
• Do not stand under suspended equipment, such as buckets, booms, or arms.
• Apply parking brakes or blocks on equipment and vehicles parked on inclines.
• Use a seat belt while operating construction equipment, including rollers.
• Do not approach machinery without first signaling the vehicle operator to shut down the equipment and getting acknowledgment from the driver.
• Make eye contact with workers in the vicinity before moving or operating equipment.
• Do not ride on moving equipment or use equipment for anything other than its intended use.
• Flaggers should keep enough distance from other highway workers to ensure they can be distinguished by passing motorists. They should also use good sight communication or two-way radios to communicate with fellow flaggers.

Can I File a Legal Claim if I am Hit While Working in a Construction Zone?

Generally, there are two ways an injured worker can pursue compensation for their injuries and other damages: Workers’ Compensation benefits or file a third-party lawsuit. Sometimes, a worker can do both.