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Boston Personal Injury Lawyer

Boston Third-Party Worker’s Comp Claims Lawyer

You Can Recover More Than Workers' Comp

Won for our clients

$1.5 Million

Construction Site Accident

Steel I-Beam fell from wood framing and fell on welder who suffered a traumatic brain injury (TBI), thoracic spine compression fracture, fractured clavicle, fractured ribs and crushed foot/ankle.

Steel I-Beam fell from wood framing and fell on welder who suffered a traumatic brain injury (TBI), thoracic spine compression fracture, fractured clavicle, fractured ribs and crushed foot/ankle. Following extensive litigation with the general contractor, subcontractors and suppliers to the job site, case settled at mediation.

$800,000

Trip and Fall at Work

Employee was caused to trip and fall at work on construction site.

Employee was caused to trip and fall at work on construction site. While walking across demolished floor of building being renovated, employee was caused to trip on a wire loop that was protruding from the demolished concrete floor. Employee was caused to fall forward landing on his knees. Employee sustained multiple injuries including a right patella fracture and neck injury. Eventually, Employee right patellofemoral replacement surgery. MRI of the cervical spine confirmed foraminal narrowing of C5-6 and C6-7 with possible compression of the C6 and C7 nerve roots. Employee filed a lawsuit to pursue third-party personal injury claims against the general contractor, demolition subcontractor and site subcontractor for the construction site where his accident occurred. The workers’ comp claim settled for $350,000 with liability accepted for future medical treatment. The third-party claim settled at mediation with all defendants for $450,000. In addition to the workers’ comp and third-party claims, Employee successfully filed for SSDI benefits.

$700,000

Construction Fall From Ladder

Employee was working as a master carpenter when he fell from a ladder and sustained multiple injuries including fractured and dislocated ankle with displacement of the talus.

Employee was working as a master carpenter when he fell from a ladder and sustained multiple injuries including fractured and dislocated ankle with displacement of the talus. Employee underwent multiple surgeries to treat the ankle fracture including open reduction with internal fixation and hardware removal. Employee developed an infection of the ankle requiring multiple surgeries including skin graft surgeries. Employee developed Complex Regional Pain Syndrome (“CRPS”) of the lower extremity. Employee underwent Spinal Cord Stimulator surgery for chronic pain management related to the CRPS. Workers Comp claim settled prior to a Conference on Employee’s claim for §34A Permanent and Total Incapacity Benefits.

$656,000

Slip and Fall at Construction Site

Carpenter foreman slipped and fell on ice at construction site.

Carpenter foreman slipped and fell on ice at construction site. Client injured his lower back and suffered a herniated disc at L4-5 with impingement requiring surgery. Settled workers’ comp claim for $200,000 and third-party claim against general contractor for $456,000.

$625,000

Pedestrian Hit By Car

Pedestrian was standing by his uncle’s landscaping truck that was parked on the side of the road when a car hit the back of the truck and hit the pedestrian pinning him under the landscaping truck.

Pedestrian was standing by his uncle’s landscaping truck that was parked on the side of the road when a car hit the back of the truck and hit the pedestrian pinning him under the landscaping truck. Pedestrian sustained multiple severe and permanent injuries including displaced compound fractures to the tibia and fibula, clavicle fracture and multiple abrasions and contusion. Pedestrian underwent multiple surgeries to repair the fractures and skin grafting. Case settled prior to filing suit.

More Results
$800,000
Trip and Fall at Work

Employee was caused to trip and fall at work on construction site. While walking across demolished floor of building being renovated, employee was caused to trip on a wire loop that was protruding from the demolished concrete floor. Employee was caused to fall forward landing on his knees. Employee sustained multiple injuries including a right patella fracture and neck injury. Eventually, Employee right patellofemoral replacement surgery. MRI of the cervical spine confirmed foraminal narrowing of C5-6 and C6-7 with possible compression of the C6 and C7 nerve roots. Employee filed a lawsuit to pursue third-party personal injury claims against the general contractor, demolition subcontractor and site subcontractor for the construction site where his accident occurred. The workers’ comp claim settled for $350,000 with liability accepted for future medical treatment. The third-party claim settled at mediation with all defendants for $450,000. In addition to the workers’ comp and third-party claims, Employee successfully filed for SSDI benefits.

Table of Contents

    When You Can Sue Beyond Workers' Compensation

    Attorney John J. Sheehan helps Boston construction workers and injured employees recover full compensation when third parties cause workplace injuries.

    Workers' compensation provides basic benefits, but when someone other than your employer causes your injury, you may be entitled to much more. A third-party claim allows you to sue the negligent party directly for complete damages, including pain and suffering, full lost wages, and compensation your family deserves.

    Who Counts as a Third Party?

    • Other Contractors on Your Job Site - Subcontractors, general contractors, or specialty contractors whose negligence injured you.
    • Equipment and Tool Manufacturers - Companies that made defective machinery, tools, or safety equipment that failed.
    • Property Owners - Building owners who failed to maintain safe conditions or ignored known hazards.
    • Delivery and Transportation Companies - Drivers who cause accidents while you're working or traveling for work.
    • Maintenance and Service Companies - HVAC, electrical, or cleaning companies whose work created dangerous conditions.

    Unlike workers' compensation claims against your employer, third-party lawsuits have no limits on the damages you can recover. Attorney Sheehan investigates every angle to identify all responsible parties and maximize your compensation.

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    Common Third-Party Scenarios in Boston Construction

    Attorney John J. Sheehan regularly handles these workplace third-party situations:

    • Multi-Contractor Construction Sites

      Boston's building boom means multiple contractors working simultaneously on most projects. When Contractor A's negligent scaffolding injures workers employed by Contractor B, the injured workers can sue Contractor A for full damages while maintaining workers' compensation benefits from their actual employer.

    • Defective Equipment and Tool Failures

      Power tool malfunctions, scaffold collapses, crane failures, and safety equipment defects create third-party liability against manufacturers. Massachusetts holds equipment manufacturers strictly liable for defective products that injure workers, even when employers provided the equipment.

    • Vehicle Accidents During Work

      Delivery truck collisions, equipment transport accidents, and crashes while traveling between job sites often involve third-party drivers. These cases allow full personal injury recovery beyond basic workers' compensation medical coverage.

    • Unsafe Property Conditions

      Property owners who ignore OSHA violations, fail to secure construction sites, or create hazardous conditions can be held liable when their negligence injures workers employed by contractors. This is particularly common in renovation projects where building owners maintain control over safety conditions.

    • Electrocution and Utility Accidents

      Electrical contractors, utility companies, and property owners who fail to properly mark underground utilities or maintain electrical systems face third-party liability when their negligence causes electrocution injuries to workers from other companies.

    Ready to Fight for Full Compensation?

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

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    What Compensation Can You Recover in Third-Party Claims?

    Attorney Sheehan fights for complete damages unavailable through workers' compensation:

    Economic Damages (Full Financial Recovery)

    • 100% of Lost Wages - Not the 60% limitation of workers' compensation.
    • Future Lost Earning Capacity - Compensation for reduced lifetime earnings due to permanent injuries.
    • All Medical Expenses - Past, present, and future medical costs with no caps or limitations.
    • Rehabilitation Costs - Physical therapy, occupational therapy, and vocational retraining.
    • Property Damage - Personal tools, equipment, or vehicle damage caused by the incident.

    Non-Economic Damages (Not Available in Workers' Comp)

    • Pain and Suffering - Compensation for physical pain caused by your injuries.
    • Emotional Distress - Anxiety, depression, and trauma following your accident.
    • Permanent Disability or Disfigurement - Compensation for lasting physical limitations or scarring.
    • Loss of Life Enjoyment - Inability to participate in activities you previously enjoyed.
    • Loss of Consortium - Impact on relationships with spouse and family members.
    Real Example: A construction worker with a permanent back injury might receive $150,000 in lifetime workers' compensation benefits. The same injury in a third-party claim could yield $800,000 to $1.5 million, covering full lost wages, pain, suffering, and family impact.
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    How Third-Party Claims Work with Workers' Compensation

    The Process Explained

    1. File Workers' Compensation First - Secure immediate medical coverage and partial wage replacement while investigating third-party liability.
    2. Identify Third-Party Defendants - Attorney Sheehan investigates all contractors, equipment manufacturers, property owners, and other potentially liable parties.
    3. File Third-Party Lawsuit - Sue negligent third parties for full damages within Massachusetts' three-year statute of limitations.
    4. Coordinate Final Settlements - Ensure workers' compensation liens are properly handled to maximize your net recovery.

    Why Both Claims Matter

    Workers' compensation provides quick benefits without proving fault, while third-party claims require proving negligence but offer unlimited compensation. Attorney Sheehan handles both simultaneously, ensuring you receive immediate support while pursuing maximum long-term recovery.

    Important: The workers' compensation insurer has a lien on your third-party recovery, meaning they must be repaid for benefits paid. However, Attorney Sheehan negotiates these liens, and the pain and suffering portion of your third-party settlement remains yours to keep.

    Get Your Free Case Review Now

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    Call 24/7 for a Free Case Review
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    (781) 242-4100

    Real Stories from real clients

    More Client Testimonials
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    Why Construction Workers Choose Attorney John J. Sheehan

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    Why Choose Us
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      Immediate Action

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

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      Proven Results

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

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      Hablamos Español

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

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    How Attorney Sheehan Handles Your Third-Party Claim

    The Law Office of John J. Sheehan manages every detail while you focus on recovery:

    • Step
      1

      Attorney Sheehan personally reviews your workplace accident, explains the difference between workers' compensation and third-party claims, and identifies potential defendants. This consultation is completely free and creates no obligation.

    • Step
      2

      Attorney Sheehan's team investigates the accident scene, interviews witnesses, reviews safety records, examines equipment involved, researches contractor licenses, and consults with safety professionals to build the strongest possible case.

    • Step
      3

      Using industry knowledge and investigation results, Attorney Sheehan identifies all potentially liable parties, including contractors, subcontractors, equipment manufacturers, property owners, and service providers whose negligence contributed to your injury.

    • Step
      4

      The Law Office of John J. Sheehan works with medical providers experienced in workplace injuries to document the full extent of your damages, future medical needs, and permanent limitations that affect your earning capacity.

    • Step
      5

      Armed with complete evidence of negligence and damages, Attorney Sheehan negotiates with multiple insurance companies representing different defendants to secure maximum compensation for your injuries.

    • Step
      6

      If insurance companies refuse fair settlement offers, Attorney Sheehan prepares your case for trial. His reputation for thorough trial preparation often motivates better settlement negotiations.

    • Step
      7

      Attorney Sheehan handles all settlement paperwork, coordinates with workers' compensation liens, and ensures you understand exactly what you're receiving and when.

    Our Legal Process

    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
    John J. Sheehan

    John J. Sheehan

    Managing Attorney

    Frequently Asked Questions About Third-Party Claims

    • Yes. Your immigration status does not affect your legal right to sue negligent third parties who injured you at work. Massachusetts law protects all workers regardless of documentation status. Attorney-client privilege means we never share your information with immigration authorities, and your case information doesn't appear in immigration databases.

    • You're suing a third party, not your employer, so employer retaliation is both illegal and unlikely. Massachusetts has strong anti-retaliation protections for workers who file workers' compensation claims or pursue legal rights.

    • You still have full rights to sue negligent third parties. Cash payments and a lack of formal employment documentation do not eliminate third-party liability. Attorney Sheehan has successfully represented many workers in similar situations, using alternative methods to prove wages and employment.

    • Nothing upfront. Third-party claims work on contingency fees - you pay nothing unless we recover compensation for you. Attorney Sheehan's fee is a percentage of your settlement or verdict, and all case costs are advanced by the firm and only repaid from successful recoveries.

    • You have three years from your injury date to file third-party personal injury claims in Massachusetts. However, evidence can disappear, and witnesses can forget details, so contact Attorney Sheehan immediately after your accident for the best results.

    • You can still pursue third-party claims. Workers' compensation and third-party lawsuits are separate legal proceedings with different defendants and insurance companies. However, the workers' compensation insurer will have a lien on your third-party recovery that Attorney Sheehan will negotiate.

    • Massachusetts uses modified comparative negligence rules. If you're less than 51% responsible for the accident, you can still recover compensation reduced by your fault percentage. Attorney Sheehan fights to minimize your percentage of fault and maximize your recovery.

    • No. Your workers' compensation benefits continue regardless of third-party lawsuits. They're separate claims involving different insurance companies and legal standards. Attorney Sheehan coordinates both to ensure you receive all benefits while pursuing additional compensation.

    • Attorney Sheehan can sue all negligent parties simultaneously or separately. Massachusetts law allows recovery from multiple defendants, and we pursue every responsible party to maximize your total compensation. Joint and several liability rules may allow full recovery from any defendant capable of paying.

    • Attorney Sheehan investigates safety violations, equipment defects, improper work procedures, inadequate training, and failure to follow industry standards. Evidence includes accident reports, witness statements, expert testimony, OSHA violations, equipment inspection records, and safety protocol documentation.

    • Common defense tactic. Attorney Sheehan thoroughly investigates to establish each party's specific responsibilities and negligent conduct. Multiple parties can share liability, and we pursue compensation from all negligent defendants regardless of their attempts to shift blame.

    • While you can't sue OSHA directly, OSHA violations are powerful evidence of negligence in third-party lawsuits. Massachusetts courts allow evidence of OSHA violations, and Attorney Sheehan uses such violations to prove that third-party defendants breached their duty of care.

    • All potential third-party defendants. Attorney Sheehan investigates the entire chain of responsibility, including equipment operators, rental companies, maintenance providers, installers, inspectors, and training companies whose negligence contributed to your injury.

    • Most third-party cases handled by Attorney Sheehan resolve within 18-36 months through settlement negotiations. Complex cases involving multiple defendants or catastrophic injuries may take longer to ensure maximum compensation. Attorney Sheehan never rushes settlements that shortchange the amount of money you deserve.

    • Attorney Sheehan conducts all meetings, phone calls, and legal proceedings in Spanish when preferred. All documents can be provided in Spanish, and you'll never need interpreters or translators when working with The Law Office of John J. Sheehan.

    Get Your Free Consultation with Attorney John J. Sheehan

    Don't settle for workers' compensation alone. When someone else caused your workplace injury, you deserve full compensation. Attorney Sheehan fights for every dollar you and your family need.

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