Injuries suffered in a construction accident or on a construction site in Massachusetts can be very serious. Our office has seen these types of accidents result in severe head injuries, fractured or broken bones, torn ligaments or tendons, amputations, scars, and sometimes death. These injuries often result in disability, the accumulation of medical bills, and the lost ability to earn wages.
More often than not, workers’ compensation is available to an injured worker, but the workers’ compensation benefits are typically not enough to compensate the injured worker. Whether they occur in Boston, Framingham, Worcester or other surrounding towns, construction accidents must be properly evaluated and handled to determine who is responsible and how much the injured worker is entitled to.
Who is Responsible for Injured Workers
It is not easy to determine who is responsible for someone’s injuries in a construction accident. Construction accidents can be very complex because there are usually a number of different parties involved. For example, on a commercial building construction project, there most likely will be a company acting as the general contractor, a number of different subcontractors, and building material supply and deliver companies. When a worker is injured the parties involved with the construction project often point the finger at each other as the at-fault party. This is why construction site accidents should be handled by experienced personal injury attorneys. An experienced law firm can properly investigate and identify the property party responsible for the accident and injury.
Another reason to identify the proper parties involved in construction accidents is because if a third party is the cause of the worker’s injuries, then the injured worker can pursue damages against the third party that would otherwise not be available through workers’ compensation. For instance, if a worker was injured on the job due to a third party subcontractor’s negligence, the injured worker can obtain workers’ compensation disability benefits (for lost earnings, but typically up to 60% of the worker’s average weekly wage) and medical benefits from his or her employer’s workers’ compensation insurance company and also pursue pain and suffering and other types of damages against the third party subcontractor that are not recoverable from workers’ compensation.
Types of Construction Accidents
While there are many types of construction accidents, below are some examples:
- Falling material on a construction site that injures workers;
- Construction debris left on site areas that cause a fall;
- Faulty equipment that results in injuries;
- Forklift accidents;
- Explosions at or near a construction site;
- Safety code violations;
- Electrical burns;
- Improperly stored or construction materials;
- Eye injuries from flying construction material and debris.
What Should be Done After a Construction Accident
It should go without saying that getting immediate and proper medical care is probably the most important thing to do after being injured in a construction accident. If your injuries are serious you should call 911 and take an ambulance to the emergency room right away. Be sure to explain how the accident happened to the doctors at the hospital. Your statements will most likely be made part of your medical records and can help later on in the case in the event there is a dispute about how the accident happened.
Another very important things to do after a construction accident is to preserve evidence. Photographs of the site where the accident occurred are very important when there are multiple companies and parties involved. This is because when the parties involved are placing blame on the other it is critical to see exactly how the site looked at the time of the accident or where debris and materials were. This will assist your lawyer to identify the responsible parties and having the necessary evidence to establish liability against them. If your injury prevents you from taking photographs, try to have a co-worker or someone else take the pictures. Also, get the names of all witnesses that saw how the accident happened. They will be helpful later on down the road if a dispute occurs as to who is at fault.
Hiring an experienced Massachusetts personal injury or construction accident attorney is amongst the most important steps to take after a construction accident. A lawyer with experience with construction accidents will know how to identify the proper parties involved, can protect your rights, and will pursue maximum financial compensation for your injuries.At Mahaney & Pappas our goal in every case, including construction accidents, is to obtain the absolute best results for our clients. We work with experts to investigate and prove our cases in the pursuit of the maximum financial compensation for our clients.