Roadside work crews undoubtedly have a dangerous job. They suffer not only the risk of injury faced by all construction workers (which is high in comparison to other occupations), they also risk working near fast-moving traffic.
In fact, the danger was the basis for North Carolina's recent expansion of the "Move Over" law to include roadside work crews, in addition to emergency workers, tow trucks and incident management workers.
When a roadside crew member is injured or killed as a result of a motor vehicle collision, there may be more than one remedy available. First and foremost, there is workers' compensation. That is considered the "exclusive remedy" under state workers' compensation law, but that is only as it pertains to the employer. There may also be opportunity for civil litigation against other contractors, individuals, the at-fault driver, insurance company and other relevant third parties.