The construction and industrial sectors are some of the most hazardous industries, with workers facing serious risks daily. Despite safety standards and regulations, negligence can still lead to devastating accidents. A recent industrial accident case handled by Marko Law illustrates the importance of holding negligent parties accountable and seeking justice for injured workers and their families.

The Case in Brief

This case involved a trash hauler who was injured while unloading at a dump site. During the unloading process, the plaintiff’s trailer became bent. An employee of the defendant used an excavator to try and unbend the trailer. Unfortunately, the bent piece sprang up, causing a severe laceration and degloving injury to the plaintiff’s leg.

The injury was compounded by the plaintiff's medical condition. The plaintiff had been in remission from cancer for over five years and was taking cancer medication that impaired his body's ability to heal. After the accident, his doctor took him off the medication to allow his leg to heal, but tragically, the cancer returned and led to his passing two months later.

Legal Strategy and Outcome

Marko Law's team meticulously prepared the case, overcoming significant hurdles:

• Eyewitness Testimony: The plaintiff was unable to testify due to his passing, but Marko Law identified and secured testimony from an independent witness who saw the incident.
• Manufacturer’s Manual: Evidence was presented showing the excavator manual explicitly warned against operation near standing individuals.
• Expert Testimony: An oncology expert provided critical testimony, establishing a link between the cessation of cancer medication and the plaintiff’s passing.

Despite the defendant's claims that the plaintiff was at fault and would have succumbed to cancer regardless, the case settled for an impressive $3.68 million shortly before trial.

Broader Implications

This case underscores the critical importance of workplace safety and adherence to operating manuals and industry standards. It also highlights the role of expert legal representation in navigating complex claims involving industrial accidents, wrongful death, and product liability.

Your Legal Options

If you or a loved one has been injured in a construction or industrial accident, you may be entitled to compensation. At Marko Law, we have a proven track record of securing justice for victims of negligence. From slip-and-fall incidents on construction sites to wrongful death cases, our experienced attorneys are here to help you every step of the way.

Don’t wait to protect your rights. Contact Marko Law today for a free case evaluation.

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Address: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: markolaw.com

Have Questions? Marko Law is Here for You.

Check out our FAQ about Construction Accidents for additional information, or simply contact us. 

1. What compensation can I recover after an industrial accident in Michigan?
In Michigan, industrial accident victims may recover compensation for medical bills, lost wages, pain and suffering, and other damages. Depending on the circumstances, this can include workers' compensation benefits and third-party claims against negligent parties like equipment manufacturers or subcontractors.

2. Can a wrongful death claim be filed after an industrial accident?
Yes, if an industrial accident results in death due to negligence, the victim’s family may file a wrongful death claim. This allows the family to seek compensation for medical expenses, loss of financial support, funeral costs, and emotional distress.

3. How do I know if third-party liability applies to my industrial accident case?
If your injury was caused by a party other than your employer—such as a subcontractor, equipment manufacturer, or property owner—you may have a third-party liability claim. Consulting an experienced attorney is crucial to identify all possible sources of compensation.