Construction accidents cause some of the most severe injuries suffered in Cambridge. Often, these injuries prevent a worker from earning wages to support themselves and their family, meaning the accident has a profound effect on their entire household. If you were injured in such an incident, you might benefit from contacting a Cambridge construction accident lawyer.
After an injury, your priority should be to obtain the best possible medical care. However, it may also be essential to learn about your legal right to seek financial recovery for various injuries and losses. A skilled personal injury attorney could advise you about potential compensation and benefits available to you, as well as provide personalized legal representation and help you build a strong case to pursue the recovery you need.
Workers’ Compensation Benefits
Any employee injured during employment in Cambridge is often entitled to recover benefits through the Massachusetts workers’ compensation system. The state requires virtually all employers to carry this insurance in the event an employee suffers an injury while at work.
This insurance may provide benefits to cover medical expenses after an accident, such as bills for hospital visits, tests, and doctor’s visits. It could also offer benefits to make up for a portion of lost wages while an injured employee is unable to work.
However, workers’ compensation does not provide benefits to compensate for pain and suffering, nor other “intangible” damages. This means that any amount available through workers’ compensation is typically not as great as that which could potentially be recovered through a lawsuit or with a lawyer-assisted settlement.
The No-Fault System
Workers’ compensation is a “no-fault” system. This means that injured employees seeking workers’ compensation benefits do not have to prove that their employer acted negligently in order to recover benefits.
This system provides benefits in lieu of recovery that could be obtained through a traditional lawsuit, so an employee who has workers’ comp coverage is barred from suing his or her employer in most cases. However, a lawsuit may still be brought against third parties whose actions contributed to causing a workplace accident.
Third-Party Personal Injury Lawsuit In Construction Accident Cases
In many cases, a worker injured on a construction site may have the right to bring a third-party personal injury claim if the accident was caused by the negligence of another company or person.
For example, if a safety violation involving another subcontractor caused the accident, the injured worker could bring a third-party personal injury claim against the negligent subcontractor. Also, the injured worker may also bring a third-party suit against the General Contractor for the construction project. This is because the General Contractor has a non-delegable duty to ensure that all workers and subcontractors follow the OSHA health and safety regulations. In many cases, a lawsuit must be filed against the negligent subcontractor and General Contractor because they are denying liability and, in some cases, blaming the injured worker for the accident.
Time Limits That Affect Construction Accident Cases
Those seeking benefits after a construction accident need to be aware of certain limitations on their right to seek benefits. The workers’ compensation system has specific deadlines in Massachusetts, starting with the need to report an injury to the employer as soon after the accident as possible.
If the circumstances justify the filing of a claim, the statute of limitations outlined in Massachusetts General Law Chapter 152 §41. The Massachusetts statute of limitations for workers’ compensation claims is four years, and the Massachusetts statute of limitations for third-party personal injury claims is generally three years. There may be additional notification requirements if, for example, the accident was caused by the negligence of a government worker. However, it is advisable to take action well before this deadline, in order to collect sufficient evidence. A proactive construction accident lawyer in Cambridge could help you ensure you meet the statute of limitations for your particular case.
Work with a Cambridge Construction Accident Attorney
Negotiating with insurance companies alone could be frustrating and navigating the legal system by yourself can be overwhelming. When you are facing the effects of a serious injury, it can be reassuring to have an experienced legal advocate working on your side.
No two accidents are alike, and a knowledgeable Cambridge construction accident lawyer could help you understand the required steps to achieve a successful claim. For more information about your options for recovery, call today.