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Construction Accident Liability in Massachusetts

More construction workers in MA are injured every day in work accidents than any other type of employment. Injured workers and their families in Massachusetts are confronted not only with a severe injury, but also with financial pressures and losses.

Workers’ compensation

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.

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 good Mass. 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 in Massachusetts deserve compensation.

A Massachusetts construction accident lawyer can help you get the compensation that you deserve. A MA construction accident attorney or MA workers compensation lawyers can evaluate your case and explain how to proceed to get compensation.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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