What Are Your Remedies if Injured in a Construction Accident?

Construction sites are inherently dangerous places. Their premises are constantly in flux as the work progresses, so each day can present a new set of hazards for workers and others who may be present. Machinery, equipment, power tools, open trenches and vehicles pose constant risks.

Common types of construction accidents and injuries include:

• Falls from heights (such as ladders, roofs and scaffolds)
• Falling objects
• Trench collapses
• Crane and other heavy equipment failure
• Compressed gas explosions
• Inhalation of dangerous substances
• Burns
• Electrocution
• Repetitive motion injuries
• Lifting injuries

If a person is injured in a construction accident in Massachusetts, there are several ways for them to seek compensation for their injuries. The remedies available vary depending on the circumstances of the accident. These are the possible options:

1. Workers’ compensation — Regardless of who was at fault for the accident, injured workers are generally entitled to workers’ compensation. This insurance provides benefits to employees who are injured on the job, covering medical expenses, lost wages (up to a percentage of your average weekly wage) and rehabilitation costs. However, there is no compensation for pain and suffering. 
2. Personal injury lawsuit — An employee cannot sue an employer unless gross negligence or deliberate harm is involved. However, if the negligence of a third party (someone other than the employer or a co-worker) is responsible for the construction accident, the injured person may be able to file a personal injury lawsuit against that party. This could include the general contractor, a subcontractor or any other person carrying on activity on the construction site.
3. Product liability claims — If the construction accident was caused by a defective product or equipment, the injured person may have a claim against the manufacturer or distributor. This can include faulty or malfunctioning machinery, tools or personal protective equipment (PPE).
4. Premises liability claims — The injured party may have a claim against the site owner. Property owners have a duty to maintain safe conditions on their premises, even if construction or other improvement is in progress. If they do not, they may be held liable for injuries that result.

In any lawsuit against a third party, you can seek damages for medical expenses, lost wages, pain and suffering, emotional distress and future potential losses.

If you are hurt on a construction site, an experienced construction accident attorney can evaluate your case, determine the appropriate legal remedies and take the actions necessary to obtain the compensation you need and deserve. The statute of limitations, which establishes the time limits for filing claims, should also be considered, so seeking legal advice promptly is essential.

At Feinberg & Alban PC in Boston, we are experienced in litigation arising from accidents on construction sites in the Greater Boston area. We have numerous recoveries in the millions for our injured clients.. Call us at 617-232-5950 or contact us online for a free initial consultation.