Grand Rapids construction worker killed by backing semi-truck
A flagging foreman died Tuesday, Sept. 22, after he was struck by a backing truck at a Grand Rapids construction site.
According to a preliminary fatality report from the Michigan Occupational Safety and Health Administration, the 27-year-old was helping guide a semi-truck and trailer during asphalt work when he was struck at approximately 8:25 a.m. Police described the truck as fully loaded.
The Grand Rapids Public Museum, [located near the site], closed Tuesday and said it expected to reopen Wednesday.
Michigan workers' compensation after a workplace death
Under MCL 418.321, eligible dependents may receive weekly benefits when an employee dies from a work-related injury. The amount depends on the worker's wages and on whether each dependent relied on those wages wholly or in part. MCL 418.345 also requires the employer to pay reasonable funeral and burial expenses, subject to statutory limits.
Claims against someone outside the employer
The Workers' Disability Compensation Act generally bars a negligence lawsuit against the employer, although MCL 418.131 recognizes a narrow exception for intentional injury. If a party other than the employer or the worker's co-workers is legally responsible, MCL 418.827 allows eligible dependents or the estate's personal representative to pursue a separate claim. Any recovery may require reimbursement of workers' compensation benefits already paid and may affect future benefit payments.
Michigan Legal Center's guide to car accidents while working in Michigan explains why workplace benefits and a possible claim against an outside party should be evaluated separately. The firm's workers' compensation practice page also explains how benefit and third-party questions can overlap.
Get help from Michigan Legal Center
Michigan Legal Center, the Law Offices of Christopher J. Trainor & Associates, handles workers' compensation, wrongful death and truck accident matters.
Families seeking to understand benefits or possible claims after a fatal worksite truck incident can contact Michigan Legal Center to ask whether the matter fits the firm's practice areas.
No attorney fee is charged unless compensation is recovered. Case costs and fee terms are governed by the written fee agreement.