Taunton, MA Construction Accident and Injury Lawyer
Construction zones are often chaotic scenes. While passersby might not know what is going on, construction workers know how to safely navigate a construction site while doing their jobs. Unfortunately, the negligence of others might still cause an accident.
Construction accidents might stem from numerous safety issues, including falls from high places, defective equipment, and a lack of safety procedures. Your injuries might be severe, and you deserve compensation. Getting compensation might be difficult, as Workers’ Compensation laws govern many workplace injury claims. However, you might be able to sue your employer under certain circumstances. You might sue the general or subcontractor who hired you or third parties who somehow contributed to the accident. Evidence to support your claims will likely be found in the construction zone. Witness testimony, security camera footage, and physical evidence should be considered when we investigate for evidence.
For a free case evaluation with our construction accident and injury attorneys at the Law Office of John J. Sheehan, call (617) 925-6407.
Circumstances That Often Lead to Taunton, MA Construction Accidents and Injuries
Falling is one of the most common and dangerous factors in many construction accidents. Falling injuries can be severe, even deadly. People are sometimes surprised by how bad injuries can be from a fall that is not very high. Falls as low as only 6 feet may cause painful injuries. A fall from one or more stories above ground level might be devastating or fatal. Since many construction workers work from rooftops, high windows, scaffolding, and ladders, the risk of falling is serious.
Defective equipment is another major concern plaguing construction workers. Workers rely on power tools and heavy machinery to get the job done. If these tools or machinery malfunction, they might severely injure the user and others nearby. For example, if the brakes on a forklift fail, the operator might be unable to stop, and they might hit another worker or pin them against a wall.
Lack of safety procedures or protocols is a common factor in injury cases and is often due to employer or supervisor negligence. The construction field is inherently dangerous, and various laws, regulations, and safety rules must be followed. If your employer or supervisor does not enforce or implement the proper safety protocols, you could be badly injured.
How to Obtain Fair Compensation for Taunton, MA Construction Related Injuries and Accidents
Generally, construction workers injured on the job need to file claims through the Workers’ Compensation system. The law requires that Workers’ Compensation cover all employees and, barring special circumstances, they must file insurance claims rather than sue their employer. However, the law specifically states that only employees are covered.
While the definition of an employee is broad, it often excludes independent contractors. Since many construction workers are hired based on contracts, they are often not legally considered employees. You should speak to an attorney about your specific case to determine if you are a covered employee who needs to file a Workers’ Compensation claim or if you are not covered and can sue the person who hired you.
If possible, our construction accident and injury lawyers will help you sue your employer and any other parties we believe are to blame for your accident and injuries. A lawsuit may help you obtain damages greater than those typically available through Workers’ Compensation. For example, in a lawsuit, you may claim non-economic damages related to pain, suffering, damage to your professional reputation, and more. These damages are typically not covered by insurance or other claims.
Who You Should Sue for Damaged for Injuries Caused by Construction Accidents in Taunton, MA
When pursuing a lawsuit, you and your lawyer must determine who should be held liable. This is not always an obvious determination in construction accident cases, and the person or people responsible might not even be present when the accident occurs. Responsible parties often include general contractors, subcontractors, and other third parties.
The general contractor is the person initially hired to oversee the construction job. Depending on the size of the construction project, the general contractor might be a single person or work for a contracting firm hired to do the job. A contracting firm might be involved when the project is larger, like an office building or skyscraper.
Since general contractors oversee the entire site, they are often at fault when something goes wrong. In addition, the general contractor might be liable as your employer. As part of their job, the general contractor may hire various other workers, depending on the work needed. If the general contractor hired you, talk to your attorney about whether they are liable as your employer.
Subcontractors are like general contractors in that they are in charge of overseeing work on a construction project. The difference is that general contractors usually hire subcontractors to oversee more specific aspects of the job. For example, a general contractor might hire a plumbing subcontractor to oversee all plumbing installation on a construction project. Other common subcontractors include electricians, HVAC technicians, and roofers.
Subcontractors may hire people to work under them on their specific jobs. If you were hired by a subcontractor rather than by the general contractor, you might be able to sue the subcontractor for injuries after an accident. Typically, the accident must have been within the scope of the subcontractor’s responsibilities. For example, a roofing subcontractor might be liable if you were injured in a roofing accident.
Various other parties not directly connected with the construction site or your accident might be implicated. A common example is product liability. Many construction accidents stem from faulty or damaged tools, machinery, and gear. We can sue the manufacturer of any faulty equipment as a third party.
Trespassers sometimes cause construction accidents. People might use a construction zone as a shortcut, or thieves attempt to steal valuable tools and materials. These trespassers might cause accidents that injure workers, and they can be sued for damages.
Call Our Taunton, MA Construction Accident and Injury Lawyers for Assistance
Call (617) 925-6407 for a free, confidential case assessment with our construction accident and injury lawyers at the Law Office of John J. Sheehan.