Boston Construction Accident Lawyer
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. Call the Law Office of John J. Sheehan today for a free consultation at (617) 925-6407 about pursuing a construction accident lawsuit.
Premises Liability on Construction Sites
Premises liability refers to the personal injuries and accidents that happen on someone else’s property. In order to file a successful premises liability claim, victims are required to prove that they suffered an injury due to an unaddressed or unfixed hazard on the premises. It is the responsibility of the landowner to provide their guests with a safe environment upon their visit. When they fail to provide this safe environment, they could face substantial civil battles.
A construction accident may be considered a type of premises liability case in the sense the accident took place at a specific location or premises that was under construction. A premises liability construction accident could involve a passerby walking outside the construction site and is injured because of some defective condition, such as a depression in the sidewalk caused by equipment loaded onto the construction site.
Why File a Premises Liability Lawsuit for a Boston Construction Accident?
The typical goal of premises liability lawsuits is to try to make injured construction workers as financially whole as possible. In other words, litigation could provide them with fair and reasonable compensation for the injuries they received, the permanent effects of the disabilities they incurred, and any future or ongoing impact they might feel or experience as a result of their injuries. Additionally, under the Massachusetts Workers’ Compensation Statute, the workers’ compensation insurance company will be entitled to reimbursement for at least part of the money it
Other factors that could prompt a person to file a suit after a construction accident could include the:
- Severity of the injuries they sustained
- Financial impacts the accident has had on the injured worker and his or her family
- Length of disability
- Ongoing or permanent impairment
The fact that an individual was unable to do the work they were hired to do on a construction site safely due to a company’s acts could also prompt someone to file a lawsuit.
Common Injuries Seen in a Boston Construction Accident
Orthopedic injuries are the most common type of non-worker construction site injuries, usually as a result of tripping caused by defective or hazardous conditions. There are lots of injuries to the foot, ankle, knee, or the shoulder as the person lands and suffers a blunt trauma, and there also are head injuries from being struck.
Other injuries could include spinal injuries, neck, mid-back, lumbar or lower back, plus herniated disks involving nerve damage, or sciatic pain that radiates from the lower back to the legs. In cases in which there is a very severe neck injury, they could have radiating nerve pain going from neck to the arms and fingers.
Damages in Construction Accident Claims
A premises liability lawsuit could provide an injured construction worker with some additional compensation that worker’s compensation did not provide. Monetary compensation could benefit the person harmed in a construction accident by providing him or her with financial relief for medical expenses or loss of income if he or she was unable to work due to their injury.
Besides monetary compensation, the workers’ compensation insurance company may provide the injured worker with vocational rehabilitation assistance. This could involve re-training and re-education so that the injured worker could learn skills that would allow them to reenter the workforce.
Compensation for Construction Site Accident Injuries in Boston
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.
Why Hire a Boston Construction Accident Attorney?
One prominent challenge facing construction accident lawsuits is gathering evidence. The injured party needs to obtain the legal analysis of experts and engineers in the management of construction job sites to identify potential safety violations. He or she then needs to present a compelling liability argument to show that the Boston construction site accident was caused by the negligence of the defendants. This is done by identifying, obtaining, and interviewing expert witnesses to analyze the evidence.
Experienced accident lawyers could help the individual through this complicated process. They have experience working with construction industry experts and could help the plaintiff put together the evidence needed to develop the case.
Boston Construction Site Accidents Involving Non-Construction Workers
A non-construction worker could be involved in a construction site accident if the person was injured while walking outside the construction site along its perimeter. There may be some defective or dangerous conditions in the perimeter caused by movement of heavy equipment and other vehicles crossing a sidewalk and damaging it. Another example would be a delivery person bringing material or equipment to the site and is injured by some dangerous or defective condition in the process.
Pedestrians passing on the outside of a construction site are the most common types of non-worker accidents associated with the activity in Boston. There also have been occasions when a piece of construction equipment such as a crane collapsed and parts fell into the adjoining road next to the construction site and on top of cars. Unfortunately, when these types of accidents occur, injuries could prove to be fatal.
What to Do if You Are a Pedestrian Injured in a Boston Construction Site Accident
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 personal injury attorney for construction accidents could help you determine your legal rights and pursue damages from negligent landowners. Contact an attorney today to get started.