Can a Road Worker Hit by a Car in Florida Have Both Workers’ Comp and an Injury Claim
Bryan Greenberg
Accident Lawyers
Workers’ Compensation
A recent crash in Hillsborough County is a reminder of how dangerous roadside construction work can be. According to reports, two Bradenton construction workers were seriously hurt when an SUV entered an active work zone on State Road 574 and struck their Ford F-550 work truck while it was positioned in the construction area with caution lights activated. The other driver reportedly suffered minor injuries and was cited for careless driving.In some cases, yes. A roadside worker injured by a driver in Florida may have both a workers’ compensation claim and a separate injury claim against the driver who caused the crash. Workers’ comp may provide benefits first because the injury happened on the job, but Florida law may also allow a claim against a negligent third party. Florida Statute 440.39 allows an injured worker to accept workers’ compensation benefits and also pursue a remedy against a third party whose negligence caused the injury.
That is the core issue in many construction-zone crashes. A worker may need workers’ comp right away, but the case may not end there if an outside driver caused the collision. These crashes can also raise questions about Florida’s Move Over law and the duties drivers owe roadside workers and marked construction vehicles.
That matters here in Southwest Florida too. North Port drivers are already moving through active road construction, including the Price Boulevard widening project. The City of North Port says work is ongoing there, with drainage installation, culvert work, shifting traffic conditions, and repeated cautions for drivers moving through the corridor. The project spans about 2.8 miles from east of Sumter Boulevard to west of Toledo Blade Boulevard.
A Road Worker Hit by a Car in Florida May Have More Than One Claim
One of the biggest misunderstandings in these cases is assuming a work injury begins and ends with workers’ compensation.
Workers’ comp is often the first system in play because it provides benefits when someone is hurt in the course of employment. But if a third party caused the crash, Florida law may allow both workers’ compensation benefits and a separate negligence claim. That is why a worker in a marked vehicle or active construction area may have more than one legal path.
A worker may be exactly where he is supposed to be and still be hit by a driver who drifts, speeds, gets distracted, or fails to respond to the work zone in time.
Why Workers’ Comp May Pay First After a Road Worker Is Hit by a Car in Florida
If a construction worker is injured on the job in a road project, workers’ compensation is usually the first source of benefits. That may include authorized medical care and partial wage-loss benefits if the injury keeps the worker out of work.
But workers’ compensation is not the same as a full personal injury claim. It may help with treatment and part of lost income, but it does not address an outside-driver negligence claim the same way. That difference matters in serious cases involving long recoveries, lasting impairment, or major disruption to earning ability.
At All Injuries Law Firm, this overlap is not abstract. Our firm has represented injured people in Southwest Florida for more than 35 years. Attorney Brian O. Sutter has been board certified in Florida workers’ compensation since 1990, and Attorney Bryan Greenberg is also board certified in workers’ compensation. Our team also handles serious injury claims involving vehicle negligence, which matters when a work injury and an outside-driver claim may exist at the same time. You can also learn more about our Florida workers’ compensation representation and how these claims are handled.
The firm’s record includes substantial recoveries in serious injury and work-related cases, including a $1.75 million recovery for neck injuries caused by a fall from scaffolding and a $1.9 million recovery for partial amputation of a hand caused by malfunctioning machinery.
When a Road Worker Hit by a Driver in Florida May Have a Third-Party Injury Claim
If someone outside the employer caused the crash, the injured worker may have a separate claim against that driver. In a road construction crash, that outside party is often the driver who entered the work zone or struck the work vehicle.
That second claim can matter because it may address losses that workers’ compensation does not handle the same way and may bring different insurance coverage into play. In a serious case, that can make a major difference. That is one reason these cases can overlap with the same kinds of issues seen in serious Florida auto accident claims.
In practice, the two claims also move differently. Workers’ comp may start paying certain benefits sooner, while the negligence claim against the outside driver may take longer and depend on proof of fault, damages, and available insurance. If there is a recovery from the outside driver, the workers’ compensation carrier may also assert a lien or subrogation interest in some of that recovery under Florida law.
Early investigation matters for that reason. Evidence may include the crash report, photos of the work-zone setup, the position of the work truck, warning lights, signage, traffic pattern changes, witness statements, and any available video or electronic vehicle data.
Why Florida’s Move Over Law Matters After a Work Zone Crash Involving Road Workers
Florida’s Move Over law is often associated with emergency vehicles, but it also includes certain road and bridge maintenance or construction vehicles displaying warning lights. Under Section 316.126, drivers on multilane roads must vacate the closest lane when it is safe to do so. If they cannot move over safely, they must reduce speed. On a two-lane road, the law requires drivers to slow by 20 miles per hour below the posted speed limit when the limit is 25 miles per hour or higher, or travel at 5 miles per hour when the posted limit is 20 miles per hour or less.
That does not mean every construction-zone crash is automatically a Move Over violation. The facts still matter. But in a crash involving a marked construction vehicle, caution lights, and an active work area, the law is highly relevant.
Why This Hillsborough County Work Zone Crash Matters in North Port and Southwest Florida
This crash happened in Hillsborough County, but the risk is not limited to Tampa-area roads.
North Port drivers already know how common active construction zones have become. The Price Boulevard widening project is one clear example. The City of North Port says the work is ongoing, with drainage work, culvert rebuilding, and traffic changes along the corridor, and has emphasized the need for drivers to use caution as the project continues.
The same danger exists anywhere drivers are moving past lane shifts, work trucks, narrowed travel paths, equipment, temporary closures, and workers close to traffic. In Southwest Florida, that makes this more than a distant news story. It is the kind of legal and safety issue that can arise anywhere road work is active.
Why a Road Worker Injury Case May Involve Both Workers’ Comp and a Car Accident Claim
These cases are often mishandled because people treat them as only workers’ comp or only a crash case.
In reality, both may matter at the same time. Workers’ comp may need to start quickly, while a separate liability claim may exist if an outside driver caused the crash.
That overlap is one reason firm background matters here. All Injuries Law Firm handles injury cases only. Attorney Brian O. Sutter has been board certified in workers’ compensation for decades. Attorney Bryan Greenberg is also board certified and previously worked for a large insurance defense firm. Attorney Corbin Sutter focuses on personal injury and is a member of the Million Dollar Advocates Forum. You can read more about our attorneys on our attorneys page.
What Injured Road Workers and Their Families Should Do Early After a Florida Work Zone Crash
After a crash in a construction zone, the injury should be reported through the proper work channels as soon as possible. Medical care should be documented carefully. The crash scene, work-zone setup, vehicle damage, and any available photos or video should be preserved if possible. If another driver may have caused the crash, the worker and family should understand that the case may involve more than workers’ compensation alone.
What This Florida Road Worker Crash Really Teaches About Workers’ Comp and Injury Claims
The practical lesson is not just that both claims may exist. It is that a roadside work injury should not automatically be treated as only a workers’ comp matter. When an outside driver may have caused the crash, that can change the scope of recovery, the insurance issues in play, and the way the case should be handled from the beginning.
And for drivers here in Southwest Florida, active road work in places like North Port is a practical reminder that construction zones are not abstract. Slowing down, paying attention, and giving roadside workers room is not just common sense. In some situations, it is part of what Florida law requires.
Talk to a Florida Lawyer About a Road Worker Injury Case
If you were hurt while working roadside and another driver may have caused the crash, it is important to understand whether the case involves only workers’ compensation or both workers’ comp and a separate injury claim. Those issues can affect what benefits may be available, what insurance comes into play, and how the case should be handled from the start.
All Injuries Law Firm has served injured people in Southwest Florida for more than 35 years. To learn more about our work, visit our case results, review our practice areas, or contact our office to discuss your situation.