A recent crash in Merrick has put a hard reality back in view. A school crossing guard was struck and gravely injured while doing his job, by a driver whom police accuse of being impaired. Cases like this sit where a workplace injury meets someone else's negligence, and that overlap changes how an injured worker can recover.
What Happened in Merrick
According to local news coverage, a 70-year-old crossing guard named John Miro was hit on a Thursday morning in late February 2026 while working near Sunrise Highway. Police say the driver had fallen asleep at a red light, then hit the gas, lost control of his truck, and struck Mr. Miro. The injuries were severe. They included broken ribs, a collapsed lung, a skull fracture, and bleeding on the brain. He was taken to a Nassau County hospital in life-threatening condition.
The driver was arraigned on assault and impaired-driving charges. He has not been convicted, and the case is still working its way through the courts. What is not in question is this: a man went to work directing traffic for schoolchildren and ended up fighting for his life.
A Workplace Injury and a Third-Party Claim
When someone is hurt on the job, workers' compensation generally pays for medical care and part of their lost wages, no matter who was at fault. A crossing guard struck while directing traffic falls squarely within that protection.
But workers' compensation is not the full picture when another person causes the harm. If a negligent driver injures a worker, that worker may also have a separate claim against the driver. And that claim can reach losses the comp system does not cover, such as pain and suffering.
The two paths work differently:
- Workers' compensation is a no-fault benefit through the employer's insurance. You do not have to prove anyone was careless.
- A third-party claim is a negligence case against the at-fault driver. Fault must be shown, but the recovery can be broader.
- The two can move at the same time, though the workers' compensation insurer may have a right to be repaid from a third-party recovery.
Why the Details Matter
Coordinating these claims takes care. A settlement with the driver's insurer can affect workers' compensation benefits, and the reverse is true as well. The deadlines are not the same either. The clock on a workers' compensation claim runs separately from the clock on a lawsuit against a driver. A Long Island workplace injury that involves a third party can quietly become two cases at once.
What Injured Workers on Long Island Should Know
For anyone hurt on the job in a situation like this, a few early steps help protect a claim:
- Report the injury to your employer in writing as soon as you can.
- Get medical care and make sure the records tie the injury to your work.
- Keep the police report and any details about the other driver.
- Talk with a lawyer before giving a recorded statement to any insurer.
These steps support both a workers' compensation claim and a possible case against the driver. Guidance from experienced Long Island, NY workplace injury lawyers can keep the two claims aligned rather than working against each other.
Knowing Your Options After a Crash
The Merrick crash is a reminder that a workplace injury is not always the employer's doing. Sometimes the danger comes from the road. When it does, an injured worker may have more than one way to recover, and the choices made early can shape how it all turns out.
If you or a family member was hurt on the job in a crash caused by someone else, the attorneys at Polsky, Shouldice & Rosen, P.C. can explain how a workers' compensation claim and a case against the driver fit together.
