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.

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.
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.

How Third-Party Claims Work with Workers' Compensation
The Process Explained
- File Workers' Compensation First - Secure immediate medical coverage and partial wage replacement while investigating third-party liability.
- Identify Third-Party Defendants - Attorney Sheehan investigates all contractors, equipment manufacturers, property owners, and other potentially liable parties.
- File Third-Party Lawsuit - Sue negligent third parties for full damages within Massachusetts' three-year statute of limitations.
- 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.















