More construction workers in MA are injured every day in work accidents than any other type of employment. Injured workers and their families are confronted not only with a severe injury, but also with financial pressures and losses.
Massachusetts Construction Accident Lawyer
The general rule is that workers’ compensation is the sole and exclusive remedy for a construction worker who was hurt on the job. There are limits to workers’ compensation though, and if there’s a serious injury, the injured employee doesn’t get fully compensated through a workers’ compensation claim.
Third party claims
Many different companies will be involved in a large construction project. It isn’t at all unusual to have a worker from one company get hurt through the negligence of a worker from another company. That’s known as third party liability. When the employee of ABC Electric is injured by the negligence of an employee of XYZ Plumbing, the case falls outside of the scope of a workers’ compensation claim. In fact anytime someone is injured on the job in Massachusetts as a result of a third party, they are entitled to bring a third party negligence claim seeking full damages against the negligent tortfeasor. This may involve a products liability cause of action or a action against a third party subcontractor.
Two claims from one accident
The law recognizes the fact that the injured workers are in dire need of income for their household, family and medical expenses. It permits them to maintain their workers’ compensation claim at the same time that they’re bringing the third party action against the employee from another company who caused their injuries. Both cases can proceed at the same time, but not necessarily at the same speed.
Workers’ compensation vs. third party claims
Monetary damages in workers’ compensation are limited. In a third party negligence claim, there are no damages limitations. In many cases, it’s likely that the third party case will compensate the worker better than a workers’ compensation claim. Damages issues in third party claims are much broader than in workers’ compensation claims. For example, a third party claim allows pain and suffering as one of many elements of damages. Workers’ compensation doesn’t permit pain and suffering.
Gravity of a serious construction accident
We understand the gravity of a serious construction accident in Massachusetts and the prolonged effect it can have on an entire family. The most favorable third party liability claims usually take longer than workers’ compensation claims take. That’s because it takes longer to properly investigate a case in a court of law. A construction accident attorney will litigate your accident and if necessary, put your case in front of a judge and jury for a negligence trial on the merits. Call us for a free consultation and case evaluation if a construction accident has impacted your family. Injured workers deserve compensation. A construction accident lawyer can help you get the compensation that you deserve. A MA construction accident attorney can evaluate your case and explain how to proceed to get compensation.
Massachusetts construction accident attorneys
Construction sites can be hazardous environments, and unfortunately, accidents can lead to fatalities. The types of construction accident deaths can vary, but some common causes include:
- Falls from Heights:
- Workers falling from scaffolding, ladders, roofs, or other elevated surfaces.
- Lack of fall protection equipment or improper use of safety gear.
- Struck by Objects:
- Workers being hit by falling tools, equipment, or materials.
- Moving vehicles or heavy machinery striking workers.
- Caught In/Between Objects:
- Workers caught in or between machinery, equipment, or structures.
- Trench collapses or cave-ins.
- Electrocution:
- Contact with live electrical wires.
- Malfunctioning electrical equipment.
- Crush Injuries:
- Workers trapped between heavy machinery or structures.
- Structural collapses.
- Accidents Involving Machinery:
- Injuries caused by the use of construction machinery or equipment.
- Entanglement in moving parts.
- Fires and Explosions:
- Ignition of flammable materials.
- Malfunctioning equipment or electrical systems.
- Health-Related Issues:
- Long-term exposure to hazardous substances leading to fatal illnesses.
- Respiratory issues due to inhalation of toxic substances.
- Slips, Trips, and Falls:
- Accidents on slippery surfaces or cluttered work areas.
- Uneven terrain or poorly maintained walkways.
- Structural Failures:
- Collapses of buildings or structures during construction.
- Failure of temporary structures.
- Safety System Failures:
- Failure of safety equipment or systems.
- Inadequate training on safety procedures.
- Transportation Accidents:
- Collisions involving construction vehicles.
- Pedestrian accidents on construction sites.
- Violence at the Workplace:
- Altercations between workers.
- Criminal acts on construction sites.
It’s important to note that many construction accidents are preventable through proper safety measures, training, and adherence to regulations. Employers, workers, and regulatory bodies play crucial roles in promoting and enforcing safety practices on construction sites to reduce the risk of accidents and fatalities. Massachusetts construction accident lawyers at top Boston law firms will help you get the most compensation available.
