Construction sites are a constant presence in Boston and around Massachusetts. While necessary for economic growth, these areas are filled with hazards that can cause serious injuries. If you are injured on a construction site, you have the right to seek compensation. However, the legal route you must take depends on your status as a visitor to the site or an employee.
In either scenario, a Boston construction accident lawyer may be able to help. Experienced attorneys with years of experience helping people injured on construction sites could help you take stock of your damages and collect whatever compensation to which you may be entitled.
Compensating Construction Site Injuries to Employees
Massachusetts law requires all employers to obtain a workers’ compensation insurance policy. This policy is intended to provide workers with payments for medical treatment related to an on-the-job injury, as well as supplemental income while they are left unable to work. In exchange, that employee cannot sue their bosses for their injuries.
To start a workers’ compensation claim, an employee must notify their supervisor of their condition. This can be any type of injury or illness suffered on the job that prevents them from performing their work duties. The employer must then provide notice of the injury to the Department of Industrial Accidents, their insurance company, and the employee within seven days, according to Mass Gen. Law ch. 152 §6.
If the insurance company accepts the claim, the injured worker can receive temporary total incapacity benefits for the time that the injured worker is totally disabled. In addition to temporary total incapacity benefits, an injured worker may also be able to receive partial incapacity benefits or permanent and total incapacity benefits.
Alternatively, a Boston construction accident attorney could help injured workers file a claim for workers’ compensation benefits at the Department of Industrial Accidents if the insurance company denied benefits or terminated benefits.
Injured Visitors to Construction Sites
Anyone who is injured on a construction site while not working there must pursue a claim through traditional personal injury laws. Specifically, they must file a lawsuit in accordance with premises liability laws. These laws center around the reasons for the visitor being on the land, whether the landowner gave permission, and the actions of the landowner that led to the injury.
In general, landowners have a duty to maintain their land in a reasonably safe condition for all lawful visitors. As a result, an invited visitor to a construction site who is injured by a hazard the site owner or operator should have remedied may be able to file a successful premises liability claim with help from a construction accident lawyer in Boston.
On the other hand, a trespasser onto a construction site who is there illegally would have a much more difficult time filing a claim. This is because landowners in Boston must only protect trespassers from intentional acts of violence committed by that property owner.
Contact a Boston Construction Accident Attorney Today
Construction sites are dangerous places even when a person acts with the highest level of caution. Injuries to workers and visitors are common and can cause long-lasting injuries. However, depending on your status as a visitor or an employee, your legal rights may change dramatically.
Whether you need to appeal a denial of workers’ comp benefits or pursue a traditional personal injury case, a Boston construction accident lawyer could help you determine your legal rights and pursue damages from negligent landowners. Contact an attorney today to get started.