For Macon’s public works crews, a roadway construction site is one of the most dangerous places to be. Struck-by incidents are common, and these preventable accidents can kill or severely injure a municipal worker, kicking off a legal nightmare for everyone involved. When a routine road repair goes wrong, you’re suddenly dealing with Georgia’s workers’ comp laws and a potential personal injury claim, and you have to know how they fit together. What does that actually look like?
Key Takeaways
- If a Macon public works employee gets hit on the job, they can file for workers’ comp benefits under O.C.G.A. Section 34-9-1.
- You can often get more money by filing a separate claim against a negligent driver or contractor, this is on top of workers’ comp.
- Proving a driver was negligent in a struck-by case means using accident reconstruction and witness testimony to show they breached their duty, caused the wreck, and created damages.
- Settlements for bad struck-by injuries can get big, from the hundreds of thousands to over a million dollars, all depending on how bad the injury is and its long-term effects.
- You have to act fast. Georgia gives you one year for the workers’ comp claim and two years for the personal injury lawsuit.
It doesn’t matter how many signs or safety protocols you have, road construction zones are just plain dangerous. You’ve got heavy machinery, cars flying by, and workers on foot all in one small space. For a city employee, the risks are huge. When a Macon Public Works employee gets hit by a car or a piece of equipment, the legal side gets messy fast, since you’re suddenly juggling a workers’ comp case and a possible third-party personal injury claim. In my years handling these cases in Georgia, I’ve seen how every single one is its own puzzle, from proving who’s at fault to just getting the client’s medical bills paid and lost wages covered.
Case Study 1: The Crosswalk Collision on Riverside Drive
In late 2024, a 52-year-old Macon Public Works foreman, we’ll call him Mr. David Miller, was in charge of a crew painting a crosswalk near Riverside Drive and Pio Nono Avenue. Even with cones, flaggers, and a very visible work zone, a distracted driver blew through and hit Mr. Miller, pinning him against one of the city’s utility trucks. Injury Type: Mr. Miller ended up with a severe open fracture of his right tibia and fibula. This injury required multiple surgeries, a ton of physical therapy, and a long time where he couldn’t put any weight on his leg. He also had major soft tissue damage and post-traumatic stress from the incident. Circumstances: It happened in broad daylight. Witnesses said the driver who hit him was looking down at their phone right before the crash. The work zone itself was set up correctly according to Georgia Department of Transportation (GDOT) guidelines, with all the right signs and a proper buffer zone. Challenges Faced: Right away, we had problems. The workers’ comp insurance company fought us on his temporary total disability benefits, arguing he could do light-duty work way before his doctors agreed. On top of that, the distracted driver had a cheap insurance policy with low limits, which made the personal injury side tricky. And, of course, the driver’s lawyers tried to blame Mr. Miller for where he was standing in the work zone, a classic defense tactic. Legal Strategy Used: On the workers’ comp side, our job was to force the carrier to authorize all the medical care and make sure Mr. Miller got his weekly checks. We buried them in detailed records and expert opinions from his orthopedic surgeon and physical therapist to shut down their “vocational assessments.” (Georgia law, specifically O.C.G.A. Section 34-9-200, says the employer has to provide medical treatment). At the same time, we sued the at-fault driver. We pulled the police report, got statements from witnesses, and even got traffic cam footage from the Macon-Bibb County Sheriff’s Office. To kill any argument that Mr. Miller was partly at fault, we hired an accident reconstructionist to prove the driver was 100% negligent. The real key, though, was digging into Mr. Miller’s own car insurance and finding his underinsured motorist (UIM) coverage. It was absolutely necessary since the other driver’s policy was so small. Settlement/Verdict Amount: We settled the workers’ comp claim for ongoing medical care plus a lump sum for future needs and his permanent disability. The personal injury claim maxed out the at-fault driver’s policy, and we got the rest from Mr. Miller’s own UIM policy. All told, the combined recovery was over $650,000 to cover his medical bills, lost income, pain and suffering, and future care. From the day of the incident to getting the final check, the whole thing took about 18 months.
Injured on the job?
3 in 5 injured workers never receive their full benefits. Your employer’s insurer is not on your side.
Case Study 2: Equipment Back-Up on Eisenhower Parkway
A 37-year-old sanitation worker, Ms. Jessica Chen (anonymized), was doing her job collecting trash along Eisenhower Parkway in early 2025. As she was walking behind a garbage truck, the driver started backing up without looking or hitting the back-up alarm. Ms. Chen was knocked down hard. The driver wasn’t a city employee but worked for a private waste management company the city had hired. Injury Type: Ms. Chen suffered a fractured pelvis that needed surgery to stabilize, a concussion, and bad bruising on her lower back and legs. The recovery was long and involved crutches and a lot of rehab. Circumstances: The incident was in a residential neighborhood with a fair amount of traffic. The garbage truck was owned by a private contractor working for Macon-Bibb County. Ms. Chen was wearing her required high-visibility gear. Challenges Faced: The big fight here was pinning liability on the third-party contractor. They tried to deny fault right out of the gate, claiming Ms. Chen wasn’t paying attention. Her concussion was another problem, its long-term effects weren’t clear at first, so it was hard to put a number on her damages early on. We also had to carefully manage the money, coordinating her workers’ comp benefits from the county with the personal injury claim against the contractor, all while keeping an eye on the subrogation rules in O.C.G.A. Section 34-9-11.1. Legal Strategy Used: First thing, we filed a workers’ comp claim with Macon-Bibb County to get her medical bills and lost wages paid. Then we sued the private waste company and its driver. We got lucky and found dashcam video from a car nearby that proved the truck backed up without its alarm and the driver never checked his mirrors. We then dug up the driver’s training records and found a pattern of other safety issues. To show the full extent of the brain injury, we brought in a neuropsychologist to write an expert report on the concussion’s long-term impact. Once we had all that, we told the contractor’s insurance company they could either pay up or we’d go after them for punitive damages for their clear negligence. Settlement/Verdict Amount: Her workers’ comp claim took care of her ongoing medical needs and weekly checks. The lawsuit against the contractor settled for a big number that reflected how badly she was hurt and how obvious the driver’s negligence was, they didn’t want to risk a jury trial. After dealing with the workers’ comp lien, the total settlement was around $875,000. It took about 22 months to get everything finalized and paid out.
Case Study 3: Trench Collapse on Forsyth Street
In mid-2025, a young utility worker for Macon Public Works, a 28-year-old named Mr. Robert Davis (anonymized), was down in a trench working on a water main on Forsyth Street near College Street. The trench was about eight feet deep but wasn’t properly shored up or sloped. A wall gave way, and he was partially buried. Injury Type: Mr. Davis suffered a terrible compression fracture in his lumbar spine which required spinal fusion surgery. He also had internal bruising and, understandably, psychological trauma from being trapped. Circumstances: The Occupational Safety and Health Administration (OSHA) investigated and found multiple violations of federal trenching safety standards. The city’s own rules, which say any trench deeper than five feet needs shoring, weren’t followed by the crew’s supervisor. Challenges Faced: The workers’ comp claim itself was a slam dunk, it was obviously an on-the-job accident. But we had to analyze whether we could go after the negligent supervisor or even the city, though sovereign immunity usually makes that a long shot in Georgia. The real challenge wasn’t proving the injury happened at work. It was making sure Mr. Davis was taken care of for the rest of his life. His spinal injury meant permanent work restrictions and chronic pain, so figuring out the full cost of his future medical needs and lost earning potential was everything. Legal Strategy Used: Our entire focus was on the workers’ comp claim. We made sure he got every benefit he was entitled to, temporary total disability, full medical, and vocational rehab. With those OSHA violations on record, we did look into a “gross negligence” argument to try and get around sovereign immunity, but that’s an extremely tough argument to win here. So instead, we put all our energy into getting the biggest possible workers’ comp settlement, focusing on his permanent partial disability and future medical. We hired a life care planner and an economist to project every single dollar he’d need for the rest of his life and presented that complete package to the State Board of Workers’ Compensation.
Settlement/Verdict Amount: In the end, we got his case designated as a catastrophic injury, which locked in lifetime medical benefits and extended his weekly income benefits. His case settled with a major lump sum for future medical costs and a structured settlement for his ongoing lost income, with a total value over $1.2 million. The whole thing took almost 30 months to resolve, mostly because of how much medical treatment he needed and the detailed long-term planning involved. These cases give you a real sense of the legal mess that follows when a Macon Public Works employee gets hit on a road crew. Every one of these incidents is a tragedy, and they all demand a serious investigation, a lawyer who knows what they’re doing, and a real command of Georgia’s workers’ comp and personal injury law. Taking care of these injured workers is about being diligent, understanding what they’re going through, and fighting for every bit of justice they deserve.
What exactly is a “struck-by” incident?
It’s exactly what it sounds like: a worker gets hit by something moving. On a road crew, that’s usually a passing car, a piece of heavy equipment, or even something falling off a machine. These kinds of accidents are one of the biggest killers in the construction industry.
Can a city worker sue the driver who hit them?
Absolutely. In addition to filing for workers’ comp, an injured Macon Public Works employee can almost always file a separate personal injury lawsuit against a negligent driver. That’s called a third-party claim. Now, the workers’ comp insurance company will want to get paid back for the benefits they paid out, that’s their subrogation right, but the lawsuit is where the worker can recover money for pain and suffering, which workers’ comp doesn’t cover at all.
How long do I have to file a claim in Georgia?
The deadlines are strict. For a personal injury lawsuit, Georgia’s statute of limitations is generally two years from the date you got hurt (O.C.G.A. Section 9-3-33). But for the workers’ compensation part of it, you typically only have one year from the accident date (or from the last date the company paid for a medical bill or lost wages) to file your WC-14 form, per O.C.G.A. Section 34-9-82. You can’t wait.
What kind of money can you recover in a struck-by case?
It depends on the type of claim. With a personal injury lawsuit, you can get money for all your medical bills (past and future), all lost wages, and also for non-economic things like pain and suffering, emotional distress, and loss of enjoyment of life. If the at-fault party’s conduct was really bad, you might even get punitive damages. Your workers’ comp claim, on the other hand, is mostly just for medical bills and about two-thirds of your lost wages.
How do workers’ comp and a personal injury lawsuit work together?
They’re two separate things, but they’re connected. When you get a settlement from your personal injury lawsuit, the workers’ comp insurance company has a legal right to get paid back for everything they spent on your medical bills and wage benefits. It’s called a subrogation lien. A good lawyer’s job is to negotiate that lien down as low as possible to make sure the injured worker, not the insurance company, gets the biggest piece of the recovery.