Massachusetts Construction Site Accident FAQs
1. Can I get worker’s compensation for a construction site injury?
Massachusetts has a “no-fault” workers’ compensation system, which means that if you are injured on the job and you qualify, you are entitled to benefits for your medical bills and lost wages. Whether you qualify will depend on a few factors relating to your employer and the nature of your employment. You can read more in our Workers’ Compensation FAQs.
2. Can I sue if worker’s compensation doesn’t cover all of my losses?
You generally won’t be able to sue your employer (except to enforce your right to worker’s compensation); however, depending on what happened, you may be able to sue numerous different parties for your construction site accident. Subcontractors, property owners, manufacturers, distributors, and various other parties may all be liable depending on what specifically caused your injuries.
Importantly, you can sue these companies even if you are also receiving worker’s compensation from your employer.
3. How much can I hope to recover for my construction accident injuries?
The specific amount of your damages will depend highly on the facts of your case. During our free case evaluation, we will seek to understand what happened so that we can get an idea for how much you may be entitled to recover for your losses. We may also recommend that you see certain doctors in order to determine the full scope of your injuries. While workers’ compensation benefits are limited, if someone besides your employer is to blame for your injuries we will want to have a complete understanding of your situation so that we can pursue maximum compensation.
4. Can I sue if I wasn’t working at the construction site where I was injured? What if my child was injured at a construction site?
Construction companies are required to secure their job sites in order to prevent injuries to pedestrians and children. If you or your child was injured at a construction site that had inadequate fencing or otherwise was not properly secured, you may have a claim for financial compensation.
5. What kinds of damages are available for victims of construction site accidents?
As noted above, workers’ compensation benefits are limited to medical expenses and a portion of your lost wages. However, if you have the opportunity to file a lawsuit, you can seek damages for your past and future medical bills, scarring and disfigurement, all of your lost wages, lost future earning capacity, pain and suffering, mental anguish, diminished quality of life, and any negative effects on your relationship with your spouse.
As you can see, following an accident, it is critical to conduct a thorough investigation and find out who is to blame. With construction site accidents, you should never assume that worker’s compensation is your only option.
6. How do I know if I have a case for a construction site injury?
The best way to find out if you have a claim is to meet with an experienced attorney for a free consultation. You will have the opportunity to discuss what happened and determine if you have a case worth pursuing. In general, construction accident lawsuits typically involve injuries caused by issues such as:
- Dangerous ladders and scaffolding
- Defective tools, machinery, and equipment
- Electrical shock
- Exposure to chemicals or flying debris
- Fires and explosions
- Improper operation of heavy equipment, such as cranes and forklifts
- Unsafe premises
- Violations of the Occupational Safety and Health Act (OSHA)
7. How do I choose a lawyer for my construction site accident claim?
When choosing a lawyer, you want someone who has decades of experience helping accident victims fight for just compensation. You also want someone who has specific experience with workers’ compensation and construction site accident claims – since these cases involve unique laws and procedures that don’t come into play with other types of personal injury claims. Finally, you want someone who handles cases on a contingency fee basis. This means that you do not owe attorney anything for legal fees unless you receive compensation for your losses.
More Questions? Schedule a Free Consultation with Attorney Peter Ventura
If you have more questions about seeking compensation for construction site injuries, attorney Peter Ventura will be happy to provide you a free consultation. To schedule a time to discuss your case, call (888) 251-7535 or contact Peter Ventura, Attorney at Law online today.