Michigan Injury Lawyers Blog

Today, yet another family is shattered after yet another Michigan road worker was killed at yet another work site by yet another negligent driver. This time, the victim is Gerald Hykras of Laurium. The scene of the accident was Houghton - in Michigan's upper peninsula.

All of which which raises the question: How many have to sacrifice their lives before Michigan gets serious about protecting our road crews?

The fact that Mr. Hykras was doing that type of work at age 61 tells us something about his circumstances. Road work is a young man's job. The work is physically taxing, it's mentally punishing, it's grim and it's dangerous.

If the accident victim's dependents were living at all close to the economic edge, their world just got a whole lot scarier. Especially if they are under the misconception that meager Worker's Compensation benefits are their only financial salvation.

Though they probably won't hear it from the insurance company - the truth of the matter is quite the contrary. If the tragedy was caused by a company, entity or person who was not in league with Mr. Hykras' employer, the Hykras family may be in line millions of dollars in compensation.

Those are questions that can only be answered by a thorough investigation - overseen by an experienced personal injury lawyer. One thing is certain - the potential defendants surely won't welcome our investigators with open arms. They never do. In fact, it is at this very juncture where the evidence begins to disappear.

We can only hope that the Hykras family will recognize that time is of the essence - and will take steps to protect their rights.

1 Man killed, another injured in Houghton crash, The Chicago Tribune, December 1, 2010

Another Grand Rapids construction worker was injured - this time while painting the Coit Avenue Bridge on I-196. The man was working in a "cherry picker" type rig, when a van struck the crane. The construction worker was transported to a local hospital for treatment.

The accident was set into motion when motorist Travis Trom's truck struck the van from behind - propelling it into the work site. The other driver was Ron Spencer of Grand Rapids. Spencer escaped serious injury in the accident. Trom admitted to rear-ending the van.

If he is like most workers, the injured crane operator is no doubt under the impression that his only recourse will be workers compensation insurance. That is common myth perpetuated by the insurance industry. In fact - it is false.

Under Michigan law, if the person or entity which caused the injuries is independent of the injured worker's employer, then traditional - unlimited - negligence remedies may be available. In a case like that, since workers compensation insurance caps are inapplicable, the injury victim may be entitled to millions of dollars.

Essential to a full and fair resolution of the claim is successful navigation of the legal maze. Typically, a personal injury lawyer will, at the outset, identify all deadlines, notice requirements, defenses, responsible parties and potential sources of monetary compensation. It is only through that process that the strengths, the weaknesses and the value of the case can be known.

And it is that specialized knowledge that places the injured worker on a level playing field with the insurance defense lawyers.

Grand Rapids Crane Accident Injures Construction Worker on I-196, WZZM TV !3, October 2, 2010

Yet another construction worker is killed following the second southwest Michigan trench collapse in a week. Stanley Wilson of Burlington died in the work site accident - despite frantic and heroic efforts to save him. This time the location was the Kalamazoo area.

The previous work site trench collapse occurred in the Benton Harbor area.

If the grieving survivors are thinking about compensation at all at this point, it is doubtful that they are considering that the available, meager workers compensation benefits may not be their only consolation.

That is because the average person is typically unaware that the individual or company which caused the work injury may be required to pay family members hundreds of thousands or millions of dollars - provided that the negligent parties are independent or subcontractors, and not employees or partners of the injury victim's employer.

Pitfalls that confront the injured worker's family include time frames. Act with haste and claims may be overlooked. Sign a release before all responsible parties and sources of insurance have been identified, and valuable claims may be permanently waived. Fail to act before the expiration of legal deadlines and the claims are barred forever.

Burlington Man Dies In Work Related
Accident, WTVB AM 1590 Radio, September 30, 2010

Tragically, yet another employee was killed this week at a Benton Harbor, Michigan construction site. The injury victim was part of a crew assigned to demolish a downtown building. Reportedly, the worker was ascending a ladder when a support beam collapsed and caused serious injuries.

The family members of workers injured or killed on the work site often suffer a second tragedy when they learn of the paltry benefits due through workers compensation insurance. The average person simply assumes that those benefits are the only remedy for work place injuries, and takes his lumps.

That assumption, however, is a myth.

What the insurance companies don't want the public to know is that, if the incident was caused by a company or person independent of the victim's employer - traditional, unlimited "negligence" benefits may be available. Under those facts, a seriously injured worker may be entitled to millions of dollars in compensation.

WSJM AM Radio Benton Harbor, September 24, 2010