Construction workers often perform dangerous work, and they rely on employers and property owners to make sure that the site is safe and safety procedures are implemented. Unfortunately, job sites are not always as safe as they should be, and workers or passersby get hurt. If this sounds like your current situation, speak to an attorney about how you can get financial compensation.
It is imperative that you contact a lawyer for help as soon as possible. You have limited time to take legal action after an accident, and the window might be closing faster than you realize. We need as much time as possible to determine the important factors that may influence the value of your claims, such as falls, defective equipment, or exposure to toxic materials. While damages tend to vary from case to case, they often include compensation for medical treatment, lost income, damaged personal property, pain and distress, among other expenses.
Get a free initial case review from our construction accident attorneys by calling (617) 925-6407 and talking to our team at the Law Office of John J. Sheehan.
When to Speak to a Lawyer About a Construction Accident in Norwood
Construction accidents and injuries can be overwhelming, and you might be dealing with issues at work, hospital bills, and a great deal of pain. An attorney can help you deal with everything and help you get fair financial compensation for your injuries.
You should contact a lawyer as soon as possible so that you can file your case on time. Our construction accident attorneys must submit everything to the court within the time limit set by the statute of limitations. Under Mass. Gen. Laws Ch. 260 § 2A, we have 3 years to file a case, and the clock starts ticking on the day of the accident.
You should also talk to an attorney sooner rather than later to avoid losing evidence. Evidence tends to become lost if it is not collected fast enough. Witnesses might move away or forget important details. Physical evidence might be lost or destroyed. The sooner you talk to a lawyer, the better.
Talk to an attorney even if you are not quite sure what you want to do. Your attorney can go over your legal options and help you make a more informed decision about what you should do next.
Typical Factors in Construction Accident Cases
The factors surrounding your construction accident should be very closely analyzed, as any number of them or a combination of factors might help us understand what went wrong and who should be held accountable.
Many accidents involving workers who were injured in falling accidents. If this sounds like what happened to you, consider the various factors around the incident. Were you on a ladder? Was the ladder safely secured before you climbed it? Did you fall from a roof or out of a window? If so, were proper safety protocols implemented before you started working?
Injuries may also result from the use of power tools or machinery. In some cases, the tools are unsafe to use because they are damaged or defective, unbeknownst to the injured victim. In other cases, someone else on the job site may use a tool or machinery incorrectly or negligently, causing harm to others by accident.
Tools and machinery are not the only dangerous things on construction sites. Many workers are hurt or become sick due to exposure to toxic or dangerous materials or chemicals. This often results from a lack of safety gear when dealing with these materials.
Options for Financial Compensation After a Construction Accident
There may be multiple ways for you to get the compensation you deserve, and your lawyer should help you decide which path to take.
Workers’ Compensation might cover your case. If it does, you might be unable to file a lawsuit against negligent employers. Under Mass. Gen. Laws Ch. 152 § 24, Workers’ Compensation is the sole legal remedy for covered employees.
Many, if not most, people working on construction sites are independent contractors and are often excluded from Workers’ Compensation. As such, you may be able to file a personal injury lawsuit against a negligent employer or supervisor for a work-related accident.
You might instead negotiate a private settlement with the responsible parties if a lawsuit is not what you want. This can be a viable option for those suing negligent manufacturers of faulty tools, as companies often prefer not to pursue legal action in court.
Can I Sue for a Construction Accident If I am Responsible?
When accidents happen, they are often the result of negligence from multiple people. Your employer and even coworkers might bear some responsibility. We should also be prepared to face claims that you also bear some responsibility. If you do, this does not necessarily preclude you from taking legal action.
You can sue if you are partially responsible, but your damages may be affected. The court may apply comparative negligence laws under Mass. Gen. laws Ch 231 § 81. Your damages may be reduced according to your share of fault for the accident. If you are found to be 20% responsible for the construction accident, your damages may be diminished by 20%.
This law may only be taken so far, though. If your share of blame exceeds that of the defendant, or you are more than 50% responsible, you may be completely barred from recovery.
Your attorney can help you determine whether you can file a lawsuit or if your options for compensation are more restricted.
Call Our Norwood Construction Accident Attorneys to Evaluate Your Case
Get a free initial case review from our construction accident attorneys by calling (617) 925-6407 and talking to our team at the Law Office of John J. Sheehan.