What does a jury's personal injury decision last week mean to the construction industry that is so important to the Leelanau County economy?

Attorneys in the case point to several lessons to be gleaned. Included is the need for all construction workers to be covered by worker's compensation insurance regardless of their employment status.

Joseph Lapan, who fell 17 feet on Feb. 1, 2005, at the BayView development work site in Suttons Bay, had worker's compensation coverage even though he technically worked as an "independent contractor" for his brother's company, By Heart. Many construction workers in Leelanau County are not identified as employees, which lessens tax and liability burdens for companies that hire them.

"They weren't employees, so they have no protection at all. They paid a fortune for that worker's compensation policy, and thank goodness," said Lea Ann Sterling, Joseph Lapan's attorney.

In Lapan's case, the worker's compensation insurance likely will constitute the bulk of his reimbursement for damages and lost wages due to the fall, Sterling added. Through settlements with three firms named in the litigation, Lapan will receive $317,000. However, attorney's fees and court costs in a trial against Americrete, which did not settle, will eat up a share of the award.

A 7-member jury after three hours of deliberation last week ruled that Americrete did not "create a new hazard that was independent of its contractual duties," and therefore did not have to pay damages. Americrete, a subcontractor at the BayView development site, is located in Traverse City.

Worker's compensation can be a double-edged sword, though, as the insurance company has placed a $164,000 lien against Lapan's settlement awards to cover its costs.

So how much will Lapan net?

"Not much," said Sterling. "We're still trying to gather all the bills. He's not going to walk away with much for these injuries."

She was also concerned that no burden was placed on subcontractors at work sites to promote safety, although Americrete defense attorney Todd W. Millar said the decision reinforced the responsibility of general contractors at their construction sites.

"If you're the top dog, you have the responsibility," he told jurors. "It's like a captain going down with the ship."

Of the $317,000 in compensation reached in settlements, Livingston Building Company and Suttons Point Development contributed $300,000.