If you were injured while working, you may qualify for workers’ compensation benefits. If someone other than your employer caused the accident, you may also have a separate personal injury claim against that person or company.
Our construction accident lawyers in Somerville at Earley Law Group Injury Lawyers bring 25 years of combined experience to injury cases in Massachusetts. When we review a construction accident, we determine which claims may apply and what compensation can be pursued under each.
If you were injured on a job site, contact our Somerville personal injury lawyers for a free consultation.
Can You File a Lawsuit After a Construction Accident?
Workers’ compensation generally limits an employee’s ability to sue an insured employer for a compensable workplace injury. That does not necessarily prevent you from bringing a claim against another company or person whose negligence caused the accident. Massachusetts law specifically preserves claims against liable third parties in qualifying cases.
On a construction site, several companies may be working in the same area. If another contractor creates an unsafe condition that injures you, the legal issues may be different from an accident caused solely by your employer.
We look at who controlled the work involved in the accident and what each company was responsible for doing.
Workers’ Compensation and Third-Party Claims
Massachusetts workers’ compensation can provide reasonable and necessary medical treatment and wage-replacement benefits for qualifying work injuries. You generally do not need to prove that your employer was negligent to receive workers’ compensation benefits.
A third–party claim requires proof that another person or company was legally responsible for your injury. It may allow recovery for losses not covered by workers’ compensation, including pain and suffering.
You may be able to pursue both forms of recovery when the law allows it. However, Massachusetts workers’ compensation law grants the insurer certain rights to reimbursement from a third-party recovery, so the two claims must be considered together.
Who May Be Responsible for a Construction Accident?
Determining responsibility starts with understanding who was doing what on the site at the time you were injured.
Depending on the facts, a claim may involve:
- A general contractor.
- A subcontractor.
- An equipment owner or operator.
- A company responsible for maintaining machinery.
- A manufacturer of defective equipment or tools.
- A property owner in circumstances where the law imposes liability.
A Somerville construction accident attorney can review contracts, site records, photographs, witness accounts, and other available evidence to determine whether someone outside your employer contributed to the accident.
What Evidence Should Be Preserved?
Construction sites change quickly. Equipment is moved, temporary barriers come down, crews leave, and the physical condition that caused an injury may no longer exist days later.
Photos taken shortly after the accident can be useful, but they are not the only source of evidence. Depending on what happened, we may need incident reports, site photographs, equipment records, contracts, inspection information, video, or statements from workers who saw the accident.
If equipment was involved, its condition may also need to be documented before it is repaired, returned, or returned to service.
What If You Were Partly Responsible?
A construction company or insurer may argue that you failed to follow instructions, used equipment incorrectly, or otherwise contributed to the accident.
For a negligence claim against a third party, Massachusetts follows the comparative negligence standard. You may still recover if your negligence was not greater than the combined negligence of the parties from whom you seek compensation. Your recovery is reduced according to your percentage of fault.
That rule differs from workers’ compensation, where benefits generally do not depend on proving that another party was negligent.
Compensation After a Construction Injury
The compensation available depends on which type of claim you have.
Workers’ Compensation Benefits
Workers’ compensation may provide payment for reasonable and necessary medical care and qualifying lost-wage benefits. Massachusetts also provides other categories of benefits in certain cases, including compensation for some permanent losses of function or scarring.
Third-Party Personal Injury Damages
If another party is legally responsible, a personal injury claim may allow you to seek compensation beyond workers’ compensation benefits.
Depending on your injuries, that may include:
- Medical expenses.
- Lost earnings and reduced earning capacity.
- Future treatment costs.
- Pain and suffering.
- Permanent physical limitations.
- Other financial losses caused by the injury.
We look at how the injury has affected your ability to work and live your normal life before evaluating what a third-party claim may be worth.
Serious Construction Injuries
Some construction injuries heal with treatment and time. Others prevent a worker from returning to the same trade or earning at the same level.
We represent clients with fractures, traumatic brain injuries, spinal injuries, crush injuries, amputations, burns, internal injuries, and serious damage to the shoulders, knees, or other joints.
If your doctors place permanent restrictions on the work you can perform, the effect on your future earning ability may become a significant part of a third-party claim.
How Long Do You Have to File a Claim?
Deadlines depend on the type of claim being pursued.
Massachusetts generally gives you three years from the date a personal injury claim accrues to file a negligence lawsuit against a third party, although exceptions can apply. Workers’ compensation claims are governed by separate filing and notice rules under Chapter 152.
Do not assume that one deadline applies to every legal claim arising from the same accident. We review both the workers’ compensation issues and any potential third-party case so you understand which deadlines apply.
How Our Somerville Construction Accident Lawyers Handle Cases
When you come to Earley Law Group, we want to know who employed you, what work you were doing, who else was on the site, and exactly how you were injured. Those facts help us determine whether your rights extend beyond workers’ compensation.
We also want you to understand the advice we give you. If there is a potential third-party claim, we explain why. If the evidence presents a problem, we explain that too. You should be able to make decisions about your case based on clear information rather than guesswork.
We handle personal injury claims on a contingency–fee basis, so you do not pay attorney fees upfront. We can also travel for consultations when necessary.
Speak With a Construction Accident Attorney in Somerville
Contact Earley Law Group for a free consultation with one of our construction accident attorneys in Somerville. We can determine which claims may apply and explain your options under Massachusetts law.