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Boston Personal Injury Lawyer

Boston Caught-In-Between Construction Accident Attorney

When Construction Equipment Becomes a Deadly Trap

Won for our clients

$1.5 Million

Construction Site Accident

Steel I-beam accident on a construction site, resulting in TBI and thoracic spine fracture, fractured ribs

Steel I-Beam fell from wood framing and fell on welder who suffered a traumatic brain injury (TBI), thoracic spine compression fracture, fractured clavicle, fractured ribs and crushed foot/ankle. Following extensive litigation with the general contractor, subcontractors and suppliers to the job site, case settled at mediation.

$800,000

Trip and Fall at Work

A wire loop hazard on a demolished construction floor caused a trip & fall with a right patella fracture and neck injury

Employee was caused to trip and fall at work on construction site. While walking across demolished floor of building being renovated, employee was caused to trip on a wire loop that was protruding from the demolished concrete floor. Employee was caused to fall forward landing on his knees. Employee sustained multiple injuries including a right patella fracture and neck injury. Eventually, Employee right patellofemoral replacement surgery. MRI of the cervical spine confirmed foraminal narrowing of C5-6 and C6-7 with possible compression of the C6 and C7 nerve roots. Employee filed a lawsuit to pursue third-party personal injury claims against the general contractor, demolition subcontractor and site subcontractor for the construction site where his accident occurred. The workers’ comp claim settled for $350,000 with liability accepted for future medical treatment. The third-party claim settled at mediation with all defendants for $450,000. In addition to the workers’ comp and third-party claims, Employee successfully filed for SSDI benefits.

$700,000

Construction Fall From Ladder

Ladder fall at work, resulting in a fractured and dislocated ankle with talus displacement

Employee was working as a master carpenter when he fell from a ladder and sustained multiple injuries including fractured and dislocated ankle with displacement of the talus. Employee underwent multiple surgeries to treat the ankle fracture including open reduction with internal fixation and hardware removal. Employee developed an infection of the ankle requiring multiple surgeries including skin graft surgeries. Employee developed Complex Regional Pain Syndrome (“CRPS”) of the lower extremity. Employee underwent Spinal Cord Stimulator surgery for chronic pain management related to the CRPS. Workers Comp claim settled prior to a Conference on Employee’s claim for §34A Permanent and Total Incapacity Benefits.

$656,000

Slip and Fall at Construction Site

Carpenter foreman slipped on ice at a construction site, causing an L4–5 herniated disc requiring surgery

Carpenter foreman slipped and fell on ice at construction site. Client injured his lower back and suffered a herniated disc at L4-5 with impingement requiring surgery. Settled workers’ comp claim for $200,000 and third-party claim against general contractor for $456,000.

$625,000

Pedestrian Hit By Car

Pedestrian pinned under a truck, suffering displaced compound tibia/fibula fractures

Pedestrian was standing by his uncle’s landscaping truck that was parked on the side of the road when a car hit the back of the truck and hit the pedestrian pinning him under the landscaping truck. Pedestrian sustained multiple severe and permanent injuries including displaced compound fractures to the tibia and fibula, clavicle fracture and multiple abrasions and contusion. Pedestrian underwent multiple surgeries to repair the fractures and skin grafting. Case settled prior to filing suit.

More Results
$800,000
Trip and Fall at Work

Employee was caused to trip and fall at work on construction site. While walking across demolished floor of building being renovated, employee was caused to trip on a wire loop that was protruding from the demolished concrete floor. Employee was caused to fall forward landing on his knees. Employee sustained multiple injuries including a right patella fracture and neck injury. Eventually, Employee right patellofemoral replacement surgery. MRI of the cervical spine confirmed foraminal narrowing of C5-6 and C6-7 with possible compression of the C6 and C7 nerve roots. Employee filed a lawsuit to pursue third-party personal injury claims against the general contractor, demolition subcontractor and site subcontractor for the construction site where his accident occurred. The workers’ comp claim settled for $350,000 with liability accepted for future medical treatment. The third-party claim settled at mediation with all defendants for $450,000. In addition to the workers’ comp and third-party claims, Employee successfully filed for SSDI benefits.

Table of Contents

    What Are Caught-In-Between Construction Accidents?

    Caught-in-between accidents occur when construction workers are caught, crushed, squeezed, or compressed between two or more objects. Unlike being struck by falling objects, these accidents involve workers becoming trapped with no escape, often resulting in the most catastrophic construction injuries.

    OSHA's "Fatal Four" Classification

    The Occupational Safety and Health Administration identifies caught-in-between hazards as one of construction's "Fatal Four" — the four accident types responsible for over 60% of construction worker deaths. These preventable accidents continue killing workers because employers fail to follow basic safety protocols.

    Why Caught-In-Between Accidents Are So Deadly

    • Extended entrapment prevents quick rescue and medical treatment
    • Crushing force causes multiple traumatic injuries simultaneously
    • Restricted blood flow leads to tissue death and amputation
    • Oxygen deprivation in trench collapses causes brain damage or death
    • Remote work locations delay emergency response and treatment

    Types of Caught-In-Between Accidents in Boston Construction

    Attorney John J. Sheehan represents victims of all caught-in-between construction accidents:

    • The deadliest caught-in-between scenarios killed 39 workers in 2022 alone:

      • Unprotected trenches deeper than 5 feet without proper shoring systems
      • Soil collapse burying workers under thousands of pounds of earth
      • Utility line installation accidents in Lawrence, Lynn, and East Boston
      • Water main and sewer projects with inadequate trench protection
      • Excavation equipment operating too close to trench edges
      • Spoil pile placement too close to excavation, causing secondary cave-ins

      Massachusetts OSHA violations in trench accidents:

      • 28% of citations involve spoil placement too close to trench edges
      • 26% fail to conduct required daily trench inspections
      • 9% lack a designated "competent person" for trench safety oversight
    • Construction equipment tips, slides, or rolls over, trapping workers underneath:

      • Crane tip-overs when lifting loads beyond rated capacity
      • Bulldozer and excavator rollovers on unstable ground or slopes
      • Workers caught between equipment and walls, buildings, or other machinery
      • Maintenance accidents when equipment isn't properly locked out
      • Backup accidents in equipment blind spots
      • Hydraulic system failures, dropping heavy loads or attachments
    • Workers crushed by improperly stored or handled construction materials:

      • Concrete panel collapses during installation or storage
      • Steel beam and rebar falling or shifting during placement
      • Lumber and plywood stacks toppling over workers
      • Forklift and crane accidents pinning workers against structures
      • Loading dock incidents between trucks and warehouse walls
      • Improper stacking of pipes, masonry, and building materials
    • Workers trapped when scaffolding, walls, or structures fail:

      • Scaffold collapse trapping workers between the metal framework
      • Wall collapses during demolition or construction
      • Falsework failure in concrete pours and structural work
      • Inadequate bracing causing structural instability
      • Weather-related collapses from wind loading or foundation failure
    • Workers caught in moving parts of construction equipment:

      • Power tool entanglement when guards are removed or missing
      • Conveyor belt accidents pulling workers into machinery
      • Mixing equipment trapping hands, arms, or clothing
      • Rotating equipment without proper lockout/tagout procedures
      • Saw and cutting equipment accidents during maintenance or operation

    Devastating Injuries from Caught-In-Between Accidents

    Caught-in-between accidents cause the most severe and life-changing construction injuries:

      • Multiple bone fractures throughout the body
      • Internal organ damage requiring emergency surgery
      • Spinal cord injuries causing paralysis and permanent disability
      • Chest compression causing respiratory failure
      • Abdominal crushing damaging the liver, spleen, and kidneys
      • Limb amputations when machinery severs arms, legs, hands, or feet
      • Finger and hand crushing requiring reconstructive surgery or amputation
      • Degloving injuries, where skin and tissue are torn from the body
      • Mangled extremities requiring multiple surgeries and rehabilitation
      • Trench cave-ins causing death by suffocation under soil and debris
      • Chest compression preventing breathing and causing cardiac arrest
      • Toxic gas exposure in confined spaces and excavations
      • Oxygen deprivation leading to brain damage and death
      • Traumatic brain injury from crushing head trauma
      • Skull fractures and brain hemorrhaging
      • Cognitive impairment and personality changes
      • Permanent vegetative state or death from severe brain trauma

    Don't Face Crushing Medical Bills Alone

    Get emergency legal help for caught-in-between construction accidents.

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    Massachusetts Workers' Compensation for Caught-In-Between Injuries

    Caught-in-between accidents often result in permanent disabilities requiring maximum benefits:

    Medical Benefits - 100% Coverage

    • Emergency trauma surgery for crushing injuries and internal damage
    • Orthopedic reconstruction for broken bones and joint damage
    • Prosthetic devices and wheelchairs for amputations and paralysis
    • Long-term rehabilitation, including physical and occupational therapy
    • Psychological counseling for trauma and adjustment to permanent disability

    Disability Benefits - Maximizing Weekly Payments

    • Temporary Total Disability at 60% of average weekly wages during recovery
    • Permanent Total Disability for workers who can never return to any work
    • Partial Disability for reduced earning capacity after treatment
    • Specific Loss Benefits for scheduled injuries like amputations
    • Current maximum weekly benefit: $1,922.48 (2025 Massachusetts rates)

    Vocational Rehabilitation Services

    • Job retraining for workers who cannot return to construction
    • Educational programs for new career development
    • Assistive technology for workers with permanent disabilities
    • Job placement assistance in suitable alternative employment

    The Critical DIA Conference Stage

    Massachusetts workers' compensation cases progress through four stages:

    1. Conciliation (12-14 days) - Initial dispute resolution attempt
    2. Conference (2-4 months) - THE CRITICAL STAGE, where the Administrative Judge orders or denies payment of workers' compensation benefits
    3. Hearing (if necessary) - Formal court proceeding with medical testimony
    4. Reviewing Board - Three-judge appeal panel for appeals of DIA Hearing Decisions

    Attorney Sheehan's Conference preparation is crucial for caught-in-between cases because these severe injuries often result in permanent disability determinations that affect benefits for life.

    Third-Party Claims: Additional Compensation Beyond Workers' Comp

    Caught-in-between accidents frequently involve third-party negligence, allowing additional lawsuits for full compensation:

    Equipment Manufacturer Liability

    Defective machinery and inadequate safety features create product liability claims:

    • Missing or inadequate machine guards on power tools and equipment
    • Defective hydraulic systems causing unexpected equipment movement
    • Inadequate warning labels in Spanish for Latino construction workers
    • Design defects making the equipment inherently unsafe for construction use
    • Failure to provide proper operator training and safety instructions

    General Contractor and Subcontractor Negligence

    Site safety violations and coordination failures create additional liability:

    • Failure to implement lockout/tagout procedures during equipment maintenance
    • Inadequate trenching safety, including missing shoring, sloping, or trench boxes
    • Poor site supervision allowing unsafe work practices and conditions
    • Failure to coordinate safety between multiple subcontractors and trades
    • Rushing work schedules leading to safety shortcuts and preventable accidents

    Additional Damages Available in Third-Party Lawsuits

    Workers' compensation doesn't cover pain, suffering, and full economic losses:

    • Pain and suffering for the physical agony of crushing injuries
    • Full lost wages rather than the 60% provided by workers' compensation
    • Future earning capacity for workers who can never return to construction
    • Loss of life enjoyment for permanent disabilities affecting family and recreation
    • Punitive damages when manufacturers or contractors show extreme negligence

    Free Emergency Consultation

    Free Consultation
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    Real Stories from real clients

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    Why Choose Attorney John J. Sheehan

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      With over 30 years of experience and millions recovered, we know how to build strong cases and push for the maximum compensation.

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    How Attorney Sheehan Handles Your Third-Party Claim

    The Law Office of John J. Sheehan manages every detail while you focus on recovery:

    • Step
      1

      Attorney Sheehan personally reviews your workplace accident, explains the difference between workers' compensation and third-party claims, and identifies potential defendants. This consultation is completely free and creates no obligation.

    • Step
      2

      Attorney Sheehan's team investigates the accident scene, interviews witnesses, reviews safety records, examines equipment involved, researches contractor licenses, and consults with safety professionals to build the strongest possible case.

    • Step
      3

      Using industry knowledge and investigation results, Attorney Sheehan identifies all potentially liable parties, including contractors, subcontractors, equipment manufacturers, property owners, and service providers whose negligence contributed to your injury.

    • Step
      4

      The Law Office of John J. Sheehan works with medical providers experienced in workplace injuries to document the full extent of your damages, future medical needs, and permanent limitations that affect your earning capacity.

    • Step
      5

      Armed with complete evidence of negligence and damages, Attorney Sheehan negotiates with multiple insurance companies representing different defendants to secure maximum compensation for your injuries.

    • Step
      6

      If insurance companies refuse fair settlement offers, Attorney Sheehan prepares your case for trial. His reputation for thorough trial preparation often motivates better settlement negotiations.

    • Step
      7

      Attorney Sheehan handles all settlement paperwork, coordinates with workers' compensation liens, and ensures you understand exactly what you're receiving and when.

    Our Legal Process

    Meet Our Team

    Since 1993, Attorney John Sheehan has represented injured workers and accident victims across Massachusetts, fighting for justice against powerful insurers and corporations. Fluent in Spanish and deeply involved in Boston’s Hispanic community, John has earned a reputation for listening, explaining complex legal matters, and securing maximum compensation for his clients.

    Behind John is a strong team of legal professionals who share one goal: providing each client with direct counsel and relentless advocacy. With decades of legal experience, we approach each case with the understanding that every injury and every person is unique.

    Learn More John J. Sheehan
    John J. Sheehan

    John J. Sheehan

    Managing Attorney

    Frequently Asked Questions About Caught-In-Between Accidents

    • Get medical attention immediately - caught-in-between injuries are often life-threatening. Then contact Attorney Sheehan as soon as possible. Construction sites change quickly, and critical evidence can disappear. Don't give recorded statements to insurance companies without legal representation.

    • Yes. Massachusetts workers' compensation is a no-fault system — you receive benefits even if you made a mistake that caused your work injury. For third-party claims against equipment manufacturers or other contractors, Massachusetts comparative negligence law allows recovery as long as you were not more than 50 at fault.

    • Equipment manufacturers have strict legal duties to provide adequate machine guards and safety devices. If machinery lacked proper guards, you likely have a product liability claim worth significantly more than workers' compensation benefits alone.

    • Complex cases involving permanent disabilities and multiple defendants can take up to 3 years. However, Attorney Sheehan works to secure temporary benefits immediately while building your case for maximum long-term compensation.

    • No. Massachusetts workers' compensation law protects ALL workers regardless of immigration status. Filing a claim cannot affect current or future immigration proceedings, and all case information remains confidential.

    • Workers' compensation covers all necessary medical treatment, including prosthetic devices, wheelchairs, and adaptive equipment. Third-party claims can provide additional compensation for pain and suffering, as well as for lost future earning capacity.

    • Yes. Massachusetts allows both workers' compensation death benefits and third-party wrongful death claims. Attorney Sheehan has handled numerous fatal caught-in-between cases, securing maximum compensation for surviving families.

    • Attorney Sheehan regularly handles cases against out-of-state and international equipment manufacturers. Product liability law allows claims whenever defective equipment causes injuries, regardless of the manufacturer's location.

    • Nothing unless you recover compensation. Attorney fees in workers' comp settlements are set by statute (Massachusetts General Laws Chapter 152 Section 13A) and are either 20% or 15% of the settlement, depending on whether the insurer accepts liability for the work injury. Third-party claims also use contingency fees, so you never pay attorney fees unless we win your case.

    • OSHA citations provide powerful evidence of negligence and safety violations. Attorney Sheehan coordinates with federal and state investigators to preserve evidence of violations and uses OSHA findings to strengthen both workers' compensation and third-party claims.

    Get Emergency Legal Help for Caught-In-Between Construction Accidents

    Caught-in-between accidents require immediate legal action to preserve evidence and protect your rights. Don't let equipment manufacturers, general contractors, and insurance companies minimize your devastating injuries.

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