What You Need to Know About Construction Site Falls
Construction site falls are the #1 killer of Massachusetts construction workers, causing 37 deaths over five years, according to state data. Falls are preventable. When they happen, safety violations are usually to blame, giving you legal rights beyond workers' compensation.
Workers' compensation pays only 60% of wages plus medical bills. Third-party claims against general contractors, property owners, and equipment companies can recover full lost wages, pain and suffering, and future medical costs, often resulting in settlements 5 to 10 times higher than workers' comp alone.
Massachusetts law requires general contractors to maintain safe work sites in accordance with OSHA regulations. This is a non-delegable duty. Even if a subcontractor caused your fall, the general contractor may be liable for failing to prevent it.
Act quickly after a construction site fall. Construction sites change daily, and evidence disappears. Document your fall with photos, if possible; report it in writing; seek immediate medical treatment; and contact our office. Attorney Sheehan handles the investigation, workers' comp paperwork, and third-party claims.
Types of Construction Site Falls We Handle
Attorney John J. Sheehan represents workers injured in all types of construction site falls:
Platform collapses, missing guardrails, improper assembly, or inadequate bracing causing workers to fall from height.
Defective ladders, improper setup, inadequate securing, or structural failures — the #1 cause of construction deaths for workers over 55.
Unguarded roof edges, inadequate fall protection, or structural collapses — the leading cause of construction deaths for workers under 44.
Unguarded holes, missing covers, inadequate barriers, or improperly marked openings in floors or platforms.
Cherry picker tip-overs, scissor lift failures, improper positioning, or mechanical malfunctions causing falls from elevated platforms.
Construction sites without proper guardrails, safety nets, or personal fall arrest systems at building perimeters.
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Your Two Legal Pathways: Workers' Compensation AND Third-Party Claims
Why You Need Both Claims Working Together
Who Can Be Sued for Your Construction Site Fall:
General Contractors - Non-delegable duty to maintain safe worksites under OSHA
Property Owners - Must disclose hazards and maintain safe construction conditions
Subcontractors - Other trades whose work created fall hazards
Equipment Manufacturers - Defective ladders, scaffolding, harnesses, or aerial lifts
Equipment Rental Companies - Failed maintenance or improper equipment
Safety Equipment Companies - Defective fall protection systems or harnesses
The Legal Advantage: In Massachusetts, you can pursue BOTH claims simultaneously. Workers' compensation provides immediate income while Attorney Sheehan builds your third-party case for full compensation.
When OSHA Safety Rules Are Broken, Construction Workers Fall
OSHA's "Fatal Four" Construction Deaths:
- Falls — 36.5% (the leading killer of construction workers)
- Struck by Objects — 10.1%
- Electrocutions — 8.6%
- Caught-In/Between — 2.5%
Fall Protection Requirements Contractors Must Follow:
Guardrails Required: Work platforms 4+ feet above ground must have guardrails with mid-rails and toe-boards
Personal Fall Arrest Systems: Workers at 6+ feet must have safety harnesses with properly anchored lifelines
Floor Opening Protection: All openings must be guarded with covers or guardrails plus warning signs
Scaffolding Standards: Platforms must meet OSHA stability, railing, and access requirements
Ladder Safety Protocols: 3-point contact rule, proper angle setup, secure footing, and regular inspection
General Contractor's Non-Delegable Safety Duty
Under Massachusetts law and OSHA regulations, general contractors cannot delegate safety responsibility. Even if your direct employer failed to provide fall protection, the general contractor remains liable for maintaining a safe worksite. Since 1993, Attorney Sheehan has used OSHA violations as the foundation for third-party fall claims.
Recent Boston Construction Site Falls:
- 2024: Lynn construction worker fell through an unguarded floor opening, causing a traumatic brain injury
- 2023: East Boston scaffolding collapse injured three workers because the contractor failed to secure the staging
- 2022: Lawrence roofing fall killed a worker because a safety harness wasn’t provided















