Roadside Accident Had Worker Suffering for 5 Years and Counting

Aug 21, 2014 | WC & Other Laws

Roadside Accident – Almost five years ago, a roadside accident occurred and nearly killed a roadside construction worker. He still struggles every day, battling a mental problem that would not have happened if the motor vehicle driver concentrated on the steering wheel.

Brent Udy was working in traffic control the night of October 13, 2008. As he was setting up traffic cones on the bridge for the Riverdale Road construction project, an SUV heading eastbound hit him. The SUV was traveling at 50mph. He landed 70 feet away from where he was hit, broke 11 bones, and was comatose for one week. Despite wearing a helmet, his head suffered a major injury that, up until now, prohibited him from doing simple things, like buttoning a shirt and tying his shoes.

Government research data recorded 73 road construction workers killed by cars in 2011. These workers were not in their vehicles when the accidents occurred. In 2008, the same year when Udy had his accident, ten workers were killed in Utah while managing traffic nationwide. And in the last two years, two workers died while in the work zones, also in Utah.

A distracted teenage driver who had tried looking at his companion’s cell phone caused Udy’s accident.

Under Colorado law, all injured workers shall be entitled to payment for lost wages and fully paid medical care. All employers must secure workers’ compensation insurance to cover injured workers’ expenses. Injured workers shall be entitled to any of the following compensation under the law:

  • Medical benefits – Employees are entitled to fully paid medical compensation, with no monetary or time limits.
  • Temporary partial disability – This can be obtained when the doctor restricts the worker from doing some tasks that will cause the worker to lose income.
  • Temporary total disability – If the doctor said the worker could not work at all for a given period, the employee may be entitled to this benefit. The benefits can last as long as 312 weeks.
  • Permanent partial disability – This involves a permanent loss of function as a result of work injury.
  • Permanent total disability – If the worker is unable to perform any job in whatever field for the remaining of his working years, he may receive this type of compensation.
  • Death – This could be given to the dependents of the worker who got killed while performing his or her job.

Workers’ compensation can also cover other benefits like vocational rehabilitation, physical rehabilitation, medical devices, and prescription medication. The law also provides that an injured worker can assert an action in tort against other persons whose negligence caused the injury.

Related Article: Roadside Manners: Work Zones and Tragedy

If you are a victim of an injury while at work, you may be eligible for a workers’ compensation claim. Kaplan Morrell attorneys have been helping workers in Colorado with their workers’ compensation claims. We will be able to help find who is responsible for your injury and get what is due to you. Contact us here or call us at 303-780-7329 for your FREE CONSULTATION.

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