The term “accident” can refer to many situations and often implies that the situation involves no fault. However, frequently the circumstances that allow an accident to occur exist because someone failed to act responsibly. With construction accidents, this failure can have serious or even deadly results.
If you or a loved one were injured in a construction accident, you may be dealing with a variety of consequences, including mounting medical bills and lost wages due to an inability to work. A Malden construction accident lawyer can help.
A knowledgeable injury attorney could evaluate your situation to determine whether you may be entitled to compensation. A lawyer can explain your options and work to help you achieve the best outcome so you can move forward.
Determining Who May Held Liable for a Construction Accident
The party responsible for a construction accident usually does not have any intent to cause harm to another person. Therefore, it is usually necessary to conduct a detailed investigation to determine the cause of a construction accident and then ascertain which parties contributed to that cause. Examples of situations where someone may be liable include:
- A general contractor that violated its safety duty
- A subcontractor that created a safety hazard on the job site
- A company that assembled scaffolding improperly
- A truck driver backing up without paying attention
- A shop that improperly repaired equipment
- A manufacturer who provided defective hardware
- A company that failed to train employees in safety procedures
- A project manager who disregarded engineers’ warnings about over-stressing materials
Speaking with a Malden construction accident lawyer can give you a better understanding of liability. In many instances, the contributing actions of several people combine to create the conditions that lead to an accident. It may be advisable to include all these persons or entities in a lawsuit.
Getting Compensation as a Worker in Malden
An employee who suffers an injury on the job in a construction accident may recover damages through workers’ compensation and a traditional lawsuit, depending on the circumstances. Workers’ compensation provides benefits to cover medical expenses and a portion of wages lost while an employee is unable to work.
In a workers’ compensation claim, the employee can recover these benefits without the need to prove any party was negligent. However, the amount workers’ compensation will pay is substantially less than what might be recovered in a traditional lawsuit because workers’ compensation does not provide for pain and suffering and other non-economic losses.
Workers’ compensation prevents employees from suing their employer for on-the-job injuries. However, a lawsuit may still be filed against third parties including a general contractor, subcontractor, manufacturers, suppliers, and maintenance companies.
Workers’ compensation liens in construction accident premises liability cases are statutory liens under Massachusetts general laws Chapter 152, Section 15, meaning that the lien exists as a matter of stature and the insurance company for the third-party general contractor and the injured worker’s attorney must acknowledge adhere to state laws regarding the lien.
Recent Massachusetts case law dealing with workers’ compensation liens in third-party claims have helped to protect injured workers and their spouses and dependent children. The Massachusetts Supreme Judicial Court has ruled that the workers’ comp insurance company’s Section 15 lien does NOT apply to pain and suffering or loss of consortium damages. When settling your third-party claim, a Malden Construction Accident Attorney can help ensure that an injured worker and his or her family receive the maximum net settlement allowed under the law.
Consult a Malden Construction Accident Attorney
The effects of a construction accident may spread throughout a whole family, leaving dependents scrambling to make up for lost support in their lives. The injured worker’s spouse and dependent children may be able to recover damages through a loss of consortium claim. If you or a loved one have suffered a serious injury in a construction accident, it is wise to consult a Malden construction accident lawyer to learn about your options.
An experienced construction accident attorney could help build a case for either a successful workers’ compensation claim or a traditional lawsuit. Time to file a claim is limited, and the opportunities to collect the best evidence are even more limited. To learn what may be possible, call now.