Boston Struck-By-Object Workplace Accident Lawyer

Struck by a Falling Object? You Have Rights Beyond Workers' Compensation.

Attorney John J. Sheehan represents Boston construction workers and laborers injured when struck by falling tools, crane loads, construction materials, or moving equipment at job sites.

If you were struck by a falling object, a swinging crane boom, a backing-up vehicle, or flying debris at a Boston construction site, you may be entitled to full compensation beyond basic workers' compensation benefits. When contractors, equipment manufacturers, crane operators, or property owners cause struck-by-object accidents through negligence, Massachusetts law allows you to pursue complete damages, including pain and suffering, full lost wages, and compensation for your family's losses.

Your immigration status does not affect your legal rights. Massachusetts courts have ruled that all workers — regardless of their documentation status — can file workers' compensation claims and pursue personal injury lawsuits against negligent third parties who cause workplace injuries.

With Boston's construction boom creating 67+ major development projects in 2024 and recent fatal crane collapses demonstrating increasing job site dangers, struck-by-object accidents are the second-leading cause of construction deaths nationwide. Attorney Sheehan's bilingual representation ensures Latino construction workers receive equal access to justice when employers, contractors, and equipment manufacturers prioritize profits over worker safety.

Beyond Workers' Compensation: Your Full Legal Rights After Struck-By Accidents

Massachusetts law provides two separate paths to compensation when you're struck by objects at work:

Workers' Compensation Benefits (From Your Employer)

Immigration Status Protection: In 2003, the Massachusetts Department of Industrial Accidents Reviewing Board ruled in Medellín v. Cashman KPA that undocumented workers are fully eligible for workers' compensation benefits. The Department of Industrial Accidents cannot deny claims based on immigration status.

Third-Party Personal Injury Claims (Against Negligent Companies)

When Other Parties Caused Your Struck-By Accident, You Can Sue For:

Who Can Be Sued in Struck-By-Object Cases

• Equipment Manufacturers: If defective crane cables, faulty power tool guards, malfunctioning backup alarms, or inadequate safety systems caused your injuries, manufacturers face strict product liability regardless of your employer's negligence.
• General Contractors: Even if you worked for a subcontractor, general contractors must maintain overall site safety, coordinate work between trades, enforce OSHA compliance, and ensure proper protective equipment.
• Crane and Equipment Operators: Separate companies operating cranes, lifts, or heavy equipment can be sued for improper operation, exceeding capacity limits, inadequate communication, or failure to secure work areas.
• Property Owners and Developers: Building owners who failed to ensure safe construction practices, allowed hazardous site conditions, or hired unqualified contractors face premises liability.‍
• Other Contractors and Subcontractors: If workers from different trades caused objects to fall on you or operated equipment that struck you, those contractors can be sued for negligence.

Massachusetts Protection for Immigrant Construction Workers Struck by Objects

Your legal rights exist regardless of immigration status - Massachusetts courts have consistently ruled in favor of worker protection:

Workers' Compensation Guaranteed Rights

Legal Foundation: The Massachusetts Department of Accidents Reviewing Board decision in Medellín v. Cashman KPA established that undocumented workers have enforceable employment contracts for workers' compensation purposes. Federal immigration law does not preempt state workers' comp protections.

Your Guaranteed Benefits:

• Full medical coverage for all struck-by injuries
• Weekly disability payments during recovery
• Permanent disability benefits for lasting injuries
• Vocational rehabilitation for career retraining
• Death benefits for surviving family members

Protection from Retaliation: Massachusetts General Laws Chapter 152, Section 75B makes it illegal for employers to:

• Threatened to report workers to immigration authorities
• Terminate workers for filing injury claims
• Retaliate against workers who participate in safety investigations
• Reduce wages or benefits in response to workers' compensation claims

Third-Party Lawsuit Rights

Full Access to Justice: Your immigration status is completely irrelevant in personal injury lawsuits against equipment manufacturers, general contractors, crane operators, and property owners. Massachusetts evidence rules prohibit introducing immigration status in personal injury trials.

Recent Successes: A federal jury convened in Boston recently awarded $650,000 in damages for a Massachusetts contractor’s unlawful retaliation against an injured immigrant worker, demonstrating that immigration status does not limit recovery potential in third-party cases.

Why Boston's Construction Boom Increases Struck-By-Object Dangers

Boston's unprecedented development creates unique hazards for construction workers:

Current Major Projects Increasing Risk

South Station Tower: Mixed-use development requiring complex crane operations in a dense urban area with limited space for safe equipment operation zones.

Fenway Center: $1+ billion development over the Massachusetts Turnpike, creating vertical construction challenges and increased falling object risks.

Mary Ellen McCormack Redevelopment: Large-scale housing project in South Boston employing 7,000+ construction workers with multiple contractor coordination challenges.

Urban Construction Challenges

Tight Work Spaces: Boston's historic density limits crane swing radius and falling object protection zones, increasing worker exposure to struck-by hazards.

Accelerated Timelines: Developer pressure to meet opening deadlines often leads to safety shortcuts and inadequate struck-by accident prevention.

Inexperienced Workforce: Rapid industry growth brings in workers with less than 1 year of experience, as OSHA data shows that 60% of construction injuries occur within the first year of employment.

Recent Boston Struck-By Incidents

Everett Crane Collapse (October 2024): Two experienced operators were killed when a cable snapped during dismantling, highlighting the risks of equipment failure even for skilled workers.

Dorchester Crane Tip-Over (July 2023): Mobile crane collapsed onto a residential building at 951 Dorchester Avenue, likely due to ground instability or load miscalculation.

Emerson College Scaffolding Collapse (August 2023): Worker was killed when the scaffold system failed on Boylston Street, demonstrating falling object risks from structural failures.

Proving Your Boston Struck-By-Object Case

Attorney Sheehan uses multiple evidence sources to establish negligence and maximize compensation:

OSHA Violations as Proof of Negligence

Massachusetts Aggressive Enforcement: OSHA penalties now reach $165,514 per willful violation, with serious violations carrying a penalty of $16,550. Recent Massachusetts enforcement demonstrates liability patterns:

• Brothers Construction Services (Arlington): $306,229 in penalties for scaffold violations and fall hazards.
• Atlantic Coast Utilities (Boston High Street): $1.3 million in penalties after struck-by fatalities, with 14 prior violations showing a pattern of negligence.
• Boston Waterproofing Corp: $451,694 in penalties for repeatedly creating trench collapse hazards.

Legal Advantage: OSHA violations constitute "negligence per se" in Massachusetts courts - violation of safety regulations designed to prevent struck-by accidents proves negligence without additional evidence.

Equipment Failure Investigation

Product Liability Evidence:

• Crane cable inspection records and maintenance logs
• Power tool safety guard defects and recall notices
• Backup alarm system functionality testing
• Scaffold component manufacturing standards compliance

Manufacturer Defect Analysis:

• Design defect claims for inadequate safety features
• Manufacturing defect evidence from failed components
• Warning defect cases for insufficient safety instructions
• Post-sale duty violations for known hazard corrections

Multi-Party Negligence Documentation

General Contractor Safety Failures:

• Site safety plan inadequacies and OSHA non-compliance
• Inadequate coordination between multiple subcontractors
• Failure to enforce swing radius and fall protection zones
• Missing qualified safety personnel and inspections

Subcontractor and Operator Negligence:

• Improper crane operation and load calculation errors
• Inadequate rigging and lifting procedure compliance
• Missing spotter requirements and communication failures
• Equipment operation beyond certification limits

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