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.

A roadside work injury may look like a workers’ comp case at first. But if an outside driver caused the crash, the case can change significantly from the beginning.

Brian O. Sutter, Board Certified in Workers’ Compensation

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 that work includes underground drainage pipes for stormwater flow and box culvert replacement at Blueridge Waterway to improve resiliency during storm events and reduce flood risk in the North Salford area. The project spans about 2.8 miles from east of Sumter Boulevard to west of Toledo Blade Boulevard.

A Roadside Work Injury May Involve 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.

One of the biggest mistakes we see is when a roadside injury gets treated as only a workers’ comp case. In some of these crashes, benefits may need to start quickly, but that does not mean the outside driver is off the hook. If another driver caused the collision, that part of the case needs attention early too.

Bryan Greenberg, Board Certified in Workers’ Compensation

Why Workers’ Comp Often Starts First

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.

That first layer matters because it can help an injured worker start getting treatment and benefits without first proving that another driver was at fault.

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.

The firm has also obtained substantial results in serious injury and work-related cases, including seven-figure recoveries in serious workplace injury matters. You can learn more about our workers’ compensation representation and our broader injury practice areas.

Why the Case May Not End With Workers’ Comp

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.

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 workers’ compensation does not handle the same way and may bring different insurance coverage into play. In serious cases, that can make a major difference. That is one reason these cases may overlap with the same kinds of issues seen in serious Florida auto accident claims.

How the Two Claims May Move on Different Tracks

The two claims do not work the same way. 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.

In some cases, workers’ compensation may begin paying benefits while the separate claim against the driver is still being evaluated. If there is later a recovery from the outside driver, the workers’ compensation carrier may assert a lien or subrogation interest in some of that recovery under Florida law.

That is why early handling matters. It is not just about whether both claims exist. It is also about how they interact.

What Often Matters Most Early On

Early investigation can affect how well the case is understood later. 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.

In a roadside case, those details can matter more than people expect because they help show how the work zone was set up, what warnings were visible, and how the outside driver entered the area.

In these cases, the work-zone details matter more than people think. The truck position, warning lights, lane setup, traffic pattern, and crash reporting can all affect how the claim is understood later. If that information is not gathered early, it can be harder to reconstruct the full picture.

Corbin Sutter, Personal Injury Attorney

Why Florida’s Move Over Law Matters in Road Construction Crashes

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 Legal Issue 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 includes drainage improvements, underground stormwater pipes, and replacement of the Blueridge Waterway box culvert between Main Street and Salford Boulevard. The City has tied that work to better storm resiliency and reduced flood risk in the North Salford area.

That gives the issue extra local weight in a city that knows what major flooding and storm recovery can look like after Hurricane Ian. In the years since the storm, North Port has publicly tied parts of its infrastructure work to longer-term resiliency and recovery planning.

In practical terms, this is not just a Hillsborough County story. Drivers moving through active work along Price Boulevard, including the Main Street and Salford Boulevard area and farther west toward Toledo Blade Boulevard, are already seeing how roadway safety, drainage work, and roadside crews can overlap in everyday life.

What Injured Workers and Families Should Do Early

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. You can also review our case results and learn more about our team on the attorneys page.

The Practical Point After a Roadside Work Injury

A roadside work injury should not automatically be treated as only a workers’ comp matter. If an outside driver may have caused the crash, that can affect the scope of recovery, the insurance issues involved, and the way the case needs to be handled from the beginning. In a place like Southwest Florida, where active road work is part of daily life, that is a practical issue, not a theoretical one.

Talk With a Florida Lawyer About a Roadside Work 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 also a separate injury claim against the driver. Those issues can affect what benefits may be available, what insurance comes into play, and how the case should be handled from the start.

Contact All Injuries Law Firm to discuss your situation, or learn more about our workers’ compensation and auto accident representation in Southwest Florida.