# Boston Struck-By-Object Workplace Accident Lawyer

## Boston Struck-By-Object Workplace Accident Lawyer

When Injuries Strike You at Work

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- Law office of John J. Sheehan
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- Construction Accidents
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- Struck-By-Object Workplace Accidents

## Won for our clients

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## 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:

**What's covered:**

- All medical expenses related to your struck-by injuries
- Weekly workers' comp lost wage benefits (typically 60% of average weekly earnings)
- Specific compensation for permanent loss of function and visible scarring and disfigurement
- Vocational rehabilitation if you cannot return to construction work

**What's NOT covered:**

- Pain and suffering compensation
- Full wage replacement (you lose 33 to 40% of your income)
- Compensation for family members' losses
- Full damages for permanent scarring or disfigurement

**Immigration Status Protection:** In 2003, the Massachusetts Department of Industrial Accidents Reviewing Board ruled in [*Medellín v. Cashman KPA*](https://www.mass.gov/decision/guillermo-medellin-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.

- Workers' Compensation Benefits (From Your Employer)

When other parties caused your struck-by accident, you can sue for:

**Complete economic recovery:**

- 100% of lost wages and benefits (not just 60%)
- All past and future medical expenses
- Loss of earning capacity for permanent injuries
- Home modifications for disabilities
- Family care and assistance costs

**Non-economic damages (unavailable in workers' comp):**

- Pain and suffering from your injuries
- Emotional distress and trauma
- Loss of life, enjoyment, and activities
- Permanent scarring or disfigurement
- Loss of consortium for spouse/family

**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.

- Third-Party Personal Injury Claims (Against Negligent Companies)

## Ready to Fight for Full Compensation?

Get your free consultation with Boston's workers’ compensation injury lawyer.

## 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:

**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.

- OSHA Violations as Proof of Negligence

**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

- Equipment Failure Investigation

**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

- Multi-Party Negligence Documentation

## Get Free Legal Help Now

[Free Consultation](https://attorneysheehan.com/contact-us)

## Featured Reviews

[More Client Testimonials](https://attorneysheehan.com/testimonials)

## Why Choose Attorney John J. Sheehan

https://www.youtube.com/watch?v=muGRHv7iGzY

Why Choose Us

### Immediate Action

We step in quickly to protect your rights, secure medical care, and deal with insurance companies.

### Proven Results

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

### Hablamos Español

We explain every step of the process in simple terms — in English or Spanish — so nothing gets lost in translation.

[More About Us](https://attorneysheehan.com/about-us)

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## How Attorney Sheehan Maximizes Your Struck-By-Object Accident Recovery

Comprehensive dual-track approach ensures you receive immediate benefits while pursuing maximum long-term compensation:

Phase

**Within 48 Hours of Your Accident:**

- File a formal injury report with the Department of Industrial Accidents.
- Secure immediate medical coverage for emergency treatment.
- Document the struck-by incident with photos, witness statements, and medical records.
- Ensure proper interpretation services for Spanish-speaking workers.
- Begin partial wage replacement benefits to support your family.

**Immigration Protection:** Attorney Sheehan never shares client information with immigration authorities. The Massachusetts attorney-client privilege protects all communications, whether or not they are documented.

- Immediate Workers' Compensation Protection

**Comprehensive Accident Investigation:**

- OSHA compliance review of all contractors and equipment operators
- Equipment manufacturer inspection for defective products
- Crane operation and rigging procedure analysis
- Site safety protocol and training record examination
- Witness interviews while memories remain fresh

**Expert Consultation Network:**

- Construction safety engineers familiar with OSHA regulations
- Equipment failure analysts who identify manufacturer defects
- Medical professionals experienced in struck-by injuries
- Accident reconstruction specialists for complex cases

- Third-Party Investigation and Liability Analysis

**Pursuing All Responsible Parties:**

- Equipment manufacturers are under strict product liability
- General contractors for overall site safety failures
- Crane operators and rigging companies for operational negligence
- Property owners for premises liability violations
- Rental companies for defective equipment maintenance

**Settlement Negotiation Strategy:**

- Coordinate workers' compensation liens to maximize your net recovery
- Present comprehensive damages evidence, including future medical needs
- Leverage OSHA violations and safety failures for settlement pressure
- Ensure Spanish-language interpretation throughout legal proceedings

- Strategic Multi-Defendant Litigation

## 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](https://attorneysheehan.com/about-us/john-j-sheehan)

## Serving Struck-By-Object Accident Victims Throughout Greater Boston

- Lawrence
- /lawrence

- Methuen

- Haverhill

- Lynn
- /lynn

- Chelsea
- /chelsea

- Revere

- Everett
- /everett

- Malden
- /malden

[More Cities We Cover](https://attorneysheehan.com/areas-we-serve)

- Wakefield Office
- Law Office of John J. Sheehan, LLC 607 North, Ave, Suite 2A-12 Wakefield, MA 01880
- https://maps.app.goo.gl/NUPVcyWKsJTdaFmS7

- Boston Office
- Law Office of John J. Sheehan, LLC  10 Tremont St. Suite 309 Boston, MA 02108
- https://maps.app.goo.gl/ZJScxjs87sYejC2K7

## Frequently Asked Questions — Struck-By-Object Workplace Accidents

Attorney Sheehan works on contingency fees for third-party personal injury claims - you pay nothing unless we recover compensation. Workers' compensation cases involve court-approved attorney fees, typically 10 to 20% of benefits recovered. Free consultations are available in Spanish and English with no hidden costs or upfront payments.

- How much does a struck-by-object workplace lawyer cost?

Massachusetts provides 4 years to report workplace injuries for the filing of a workers' compensation claim, but immediate reporting protects your rights. Third-party personal injury lawsuits must be filed within 3 years of the injury date. However, evidence disappears quickly on construction sites, so contact Attorney Sheehan within days to preserve your strongest case.

- What's the deadline to file my struck-by-object injury claim?

**Generally, no.** Massachusetts workers' compensation law includes "exclusive remedy" provisions preventing lawsuits against direct employers. However, you CAN sue third parties: equipment manufacturers, general contractors (if you worked for a subcontractor), crane operators, property owners, and other subcontractors whose negligence contributed to your struck-by injury.

- Can I sue my employer if they caused my struck-by accident?

Product liability claims against equipment manufacturers require no proof of negligence, only that the product was defective and caused your injury. If crane cables failed, power tool guards malfunctioned, backup alarms didn't work, or safety systems were inadequate, manufacturers face strict liability. For a recent example of the potential for equipment manufacturer liability, take the [Everett crane collapse incident](https://www.wcvb.com/article/everett-crane-collapse-two-dead/69154542) in October 2025 that killed two construction workers.

- What if defective equipment struck me at work?

**No.** Massachusetts courts ruled that all workers deserve workers' compensation protection regardless of documentation status. Immigration status cannot be introduced in third-party personal injury lawsuits. Attorney Sheehan never shares client information with immigration authorities, as all communications are protected by attorney-client privilege.

- Does my immigration status affect struck-by accident claims?

If medically cleared for light duty, continuing work demonstrates your commitment to supporting your family and doesn't harm your case. Workers' compensation provides partial disability benefits if you return to reduced-wage positions. Your doctor and Attorney Sheehan coordinate work restrictions with ongoing medical treatment.

- Can I work while my struck-by accident case is pending?

Attorney Sheehan investigates all potentially liable parties and can sue multiple defendants simultaneously. Massachusetts joint and several liability rules may allow full recovery from any defendant capable of paying. This approach maximizes total compensation by pursuing all responsible parties: manufacturers, contractors, operators, and property owners.

- What if multiple parties caused my struck-by accident?

Workers' compensation benefits typically begin within weeks. Third-party personal injury cases usually resolve within 18-36 months through settlement negotiations. Complex cases with catastrophic injuries and multiple defendants may take longer but yield substantially higher compensation. Attorney Sheehan provides regular case updates throughout the process.

- How long will my struck-by-object case take?

Employer retaliation violates Massachusetts law. Document any pressure (write down who said what and when) and contact Attorney Sheehan immediately. For immigrant workers, threats to report immigration status constitute illegal retaliation and potential federal civil rights violations. Massachusetts protects all workers' rights to file injury claims.

- What should I do if my employer pressures me not to file claims?

## Get Justice After Your Struck-By-Object Workplace Accident

Don't let negligent contractors, equipment manufacturers, or property owners escape responsibility for your struck-by injuries. You deserve full compensation for your pain, suffering, lost income, and your family's losses.

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Law Office of John J. Sheehan — [https://attorneysheehan.com/boston-struck-by-object-lawyer](https://attorneysheehan.com/boston-struck-by-object-lawyer)