What Constitutes Negligence at Unsafe Construction Sites in Massachusetts?
Massachusetts construction sites must uphold certain safety standards to lower the risk of injury to workers. If they don’t, construction sites can become unsafe environments and cause injury to victims. To recover the compensation they deserve, victims should learn what constitutes negligence at Massachusetts construction sites.
Violating safety standards from the Occupational Safety and Health Administration (OSHA) and local Massachusetts safety requirements can constitute negligence and create an unsafe environment at construction sites. For example, failure to provide necessary protective gear or properly inspect equipment is considered negligence. Should this happen, injured construction workers can file a Workers’ Compensation claim. Depending on the level of negligence demonstrated by a construction company, Massachusetts victims may be able to recover damages that sufficiently compensate them for their injuries.
Our attorneys are dedicated to helping Massachusetts victims hold negligent construction companies accountable. For a free case evaluation with the Boston construction accident lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.
What’s Considered Negligence at an Unsafe Construction Site in Massachusetts?
Construction sites are generally considered dangerous work zones. That doesn’t mean that construction companies can make worksites less safe. In fact, there are guidelines in place that dictate how construction sites must be maintained. If a construction company ignores those guidelines, that can constitute negligence and create an unsafe environment for workers.
Massachusetts construction sites must meet the safety guidelines provided by the Occupational Safety and Health Administration and the safety measures dictated by Massachusetts itself. Generally speaking, any action or inaction that goes against those safety standards constitutes negligence.
Since construction workers are often tasked with dangerous jobs and must use unsafe materials, specific standards are in place to mitigate risk and reduce the likelihood of work-related injuries. For example, OSHA maintains that construction companies must provide workers with safety materials, like harnesses and protective gear. Construction companies must train workers, protect them from toxic chemicals, and enforce safety protocols. Massachusetts construction companies must also regularly inspect machinery and materials to ensure their efficacy and safety. If your Massachusetts employer failed to uphold OSHA regulations, that’s considered negligence.
If you are unsure whether or not your employer was following safety guidelines when you sustained an injury, reach out to a Cambridge construction accident lawyer. Massachusetts construction companies can be held liable when they act negligently and fail to uphold the necessary safety standards.
Who is Liable for Injuries Sustained at an Unsafe Construction Site in Massachusetts?
If a Massachusetts construction site failed to maintain a safe zone or their negligence caused your injuries, they can be held liable. Depending on the severity of an employee’s injuries, and the circumstances of an accident, Massachusetts workers may be able to file a Workers’ Compensation claim or a third-party injury claim.
According to Massachusetts’s no-fault Workers’ Compensation laws, no one is liable for your injuries so long as your employer has adequate coverage. That said, Massachusetts construction companies do have a responsibility to their employees to maintain a safe working environment. Unfortunately, negligent employers may ignore the necessary safety protocol, resulting in a workplace injury. When this happens, injured construction workers can generally file a Workers’ Compensation claim in Massachusetts.
It is important to note that, because of Massachusetts’ no-fault Workers’ Compensation laws, injured construction workers cannot file a lawsuit against an employer that is insured. Generally, filing a Workers’ Compensation claim is the only way victims can recover compensation after a work-related injury caused by an employer’s negligence.
That said, Massachusetts victims may be able to file a third-party injury claim, if another party’s negligence contributed to their injuries. That is the only way for construction site accident victims to sue a negligent party after sustaining injuries. If you think another party may share fault for your injuries, ask a Malden construction accident lawyer if you have a case. If not, your next step will be to file a Workers’ Compensation claim.
What Damages Can You Recover After a Massachusetts Construction Accident?
Since construction sites are inherently dangerous zones, workers can sustain serious injuries when a grossly negligent construction company ignores safety requirements. Because of that, injured Massachusetts victims can generally recover substantial damages when they file a Workers’ Compensation claim.
Injured employees that file a Workers’ Compensation claim against a negligent employer can recover benefits based on their average weekly wage. These benefits attempt to compensate injured Massachusetts construction workers for the financial strain a negligent party’s actions have had on their lives. Because construction sites overseen by a negligent employer can be dangerous, injured victims that file Workers’ Compensation claim may receive payments to cover costs like medical bills and lost wages.
Unfortunately, injured Massachusetts workers can’t recover damages for pain and suffering through Workers’ Compensation benefits. This can be shocking to Massachusetts construction workers who sustained serious injuries due to an employer’s negligence. That said, if a construction company’s negligence is severe, such as an OSHA violation, you may be able to recover more than you anticipated.
According to Mass. Gen. Laws Ch. 152, § 28, if an employer is found to have demonstrated willful misconduct, such as an OSHA violation, a victim’s compensation will be doubled. So, although you cannot recovery non-economic damages through Workers’ Compensation benefits, you may be able to increase your payments if your Massachusetts construction accident lawyer can demonstrate an employer’s negligence.
Call Our Massachusetts Attorneys if You Were Injured at a Construction Site Today
If your employer’s negligence lead to a construction accident that caused your injuries, our attorneys can help. For a free case evaluation with the Wakefield construction accident lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.