Massachusetts presently has over 95,000 jobs in the construction industry. Construction occupations are also extremely dangerous with 838 fatal accidents reported nationwide in 2012.
When a construction worker is injured at work, they are entitled to workers’ compensation benefits. However, workers’ compensation only provides a limited wage loss benefit, and does not provide compensation for pain and suffering. If a construction site accident was caused entirely or partially by a negligent third party, such as the general contractor of the construction project, the manufacturer of a dangerous machine or tool, or the negligence of a subcontractor the injured person may have a claim against the negligent third party for compensation in addition to limited benefits provided by workers’ compensation, including 100% of past and future wage loss, and pain and suffering.
As soon as a construction site accident occurs, the other third parties whose negligence may have caused the injury and their insurance companies will immediately begin to investigate the accident so they can gather evidence in order to prepare to defend any possible lawsuit to limit their liability payment. It is therefore important to immediately preserve all evidence including photographs of the dangerous condition that caused the injury, as the evidence could be destroyed by those responsible for causing the accident. Often times an injured worker is unable to take necessary action to preserve such critical evidence because they are in need of immediate medical treatment. For these reasons it is extremely important to contact an experienced construction site accident attorney to investigate your claim as soon as possible in order to protect the legal rights of the injured worker and their family in the event that the accident will cause substantial physical, emotional and financial harm.
Although construction sites are often dangerous, they don’t have to be. General contractors are paid by owners of construction projects to maintain job site safety and schedule and coordinate the work being performed by subcontractors. Safety is always the primary responsibility of the general contractor. General contractors are required by Massachusetts law to do everything practicable to prevent foreseeable hazards before they can cause injuries to construction workers. This responsibility is non-delegable, meaning the general contractor cannot pass the responsibility for job site safety on to the subcontractors and their workers. Other trade contractors may also be responsible for creating a dangerous condition by violating applicable federal and state construction safety laws, and good and accepted construction industry practices.
Our attorneys have a combined 36 years of experience representing those who have been injured while working on construction sites. Our firm successfully handles both workers’ compensation and third party negligence claims at the Department of Industrial Accidents and the Superior Courts of Massachusetts. We thoroughly investigate the merits of your case, preserve all relevant evidence as soon as possible, collect witness statements before others have had a chance to change their accounts of the accident, hire recognized construction industry, medical, vocational and economic consultants in order to prepare your case for trial by jury in the event that the defendant(s) refuse to accept responsibility by compensating you adequately prior to trial. Our objective in all cases is to resolve them fairly, as soon as possible, however we thoroughly prepare each and every case we accept for trial by jury from the day we begin our representation, in the event that the defendant(s) do not make an adequate settlement offer. In our opinion there is simply no other way to adequately prepare a case in order to ensure the best possible outcome for our clients.
If you or someone you know has been injured at a construction site and would like to speak directly to one of our attorneys, please call us at 617-426-9797, or complete our online contact form. As with all injury cases we handle, all consultations are free of charge. Construction site accident claims are handled on a contingent fee basis, meaning you do not pay any legal fees unless we obtain compensation for you.