Boston Construction Accident Lawyer
There is always a lot of construction happening in and around Boston. Construction inevitably poses risks to anyone passing by, but the construction industry presents much greater dangers to workers than an office worker faces. As a result, construction workers get injured more frequently than other workers. Many construction accident injuries are severe and cause life-altering consequences.
If you or a loved one has suffered injuries in a Boston construction accident, you may be entitled to compensation for your injuries. To explore your options and to have all of your questions answered by an experienced Boston construction accident lawyer, contact Jacoby & Meyers LLP today.
Jacoby & Meyers LLP – Getting Results for You In Your Boston Construction Accident Case
Construction accidents are complex. There are potentially many involved parties, and the case may require intense investigations into the cause of your injuries.
If you were in a Boston construction accident, you need an aggressive legal advocate at your side that you can trust to handle your case with expertise and care. At Jacoby & Meyers LLP, our Boston personal injury lawyers have helped construction accident victims like you for decades. We provide compassionate and straightforward legal advice and guidance. We also work hard to get you maximum compensation for your injuries, such as the astronomical medical expenses you are likely facing.
By partnering with a trusted Jacoby & Meyers LLP attorney in Boston, you can give yourself the best chance of making a complete recovery. The last thing you need after a construction accident is to worry about whether you can pay medical expenses out of your own pocket. To help you, our legal team will work to determine who is to blame for your injuries and to hold them responsible for covering your medical bills and all other expenses and impacts resulting from the accident. Together, we can help get you back on your feet.
Boston Construction Accidents Happen Frequently
According to the Occupational Health and Safety Administration (OSHA), over 5,300 workers lost their lives at work in just one year in the United States. Twenty percent of those deaths were workers in the construction industry. In Massachusetts, 36 percent of all workplace accident deaths in one year came out of the construction industry. While not every construction accident will result in death, fatalities are disproportionately likely in construction accidents.
Even in construction accidents where death is not the result, the victim is likely to end up with a flood of medical expenses and potentially devastating injuries that prevent them from working. Even those who have exercised the highest degree of financial responsibility can find themselves unable to handle all of the expenses that follow a construction accident.
Speak with an experienced Boston construction accident injury attorney as soon as possible after your accident. Together, we can work to get you the compensation you need so you don’t have to pay a penny out of your own pocket.
Common Construction Accident Injuries
Construction accidents often cause debilitating injuries. Even relatively minor construction accidents can be expensive and cause a person to miss work and important family events.
The most common construction accident injuries include:
- Eye injuries
- Broken bones
- Neck and back injuries
- Concussions and other traumatic brain injuries
- Spinal cord injuries
- Chemical exposure
- Joint injuries
Depending on the severity of your Boston construction accident injuries, you could be out of work for a long time and dealing with ongoing medical needs. Not only does this put a strain on your financial wellbeing, it could affect your ability to care for your daily needs and enjoy life events.
After you’ve made sure that your immediate medical issues are addressed, contact a skilled Boston construction accident attorney. The right legal team can help you get the compensation you need to ensure that you don’t pay for your medical expenses stemming from a construction accident that was no fault of your own.
Causes of Construction Accident Injuries
Construction sites are inherently dangerous. There are hazards everywhere and, even when you take the right precautions, you may still end up suffering an injury.
While there are many potential causes of construction accidents, some conditions are more likely to result in injuries or death. The following causes are responsible for 60 percent of all construction accident deaths.
Falls happen frequently on job sites. Whether from tripping over a loose cord onto hazardous objects or debris or falling from a height, falls cause more construction accident injuries than any other type of construction accident.
#2. Struck by Object
Construction sites have a lot of machinery and moving materials. In some cases, such objects hit workers, causing injuries. Whether it is a falling roof shingle or a forklift, getting hit by an object at a job site can cause serious injuries.
Construction sites are often riddled with open electrical lines. These can sometimes be live wires, and such that coming into contact with one could cause injury. Many construction site electrical lines are more powerful than a household line, so the injury can be much more severe than just a minor shock.
#4. Getting Caught in or Between Objects
Between all of the machinery and building materials on a construction site, situations arise where a person can become pinned between objects. Such accidents often involve heavy machinery that by mass and mechanical force can crush parts of the body, leaving a worker with debilitating and even permanent injuries.
Getting Compensation After a Boston Construction Accident
Getting injured on the job is, at the very least, frustrating; but it often is completely debilitating. If you suffered serious injuries in a Boston construction accident, you may be entitled to compensation from responsible parties. There could potentially be more than one responsible party, especially on a construction site. That said, Boston construction accident victims generally have two options: 1) file a workers’ compensation claim, or 2) file a third-party claim.
Workers’ Compensation Claims
With few exceptions, all Boston employers must carry workers’ compensation insurance coverage. This insurance covers workers who suffer injuries on the job. Workers’ comp is no-fault insurance, meaning that even if you contributed to your injuries you can still collect benefits under your employer’s policy (with certain exceptions, such as if you engaged in horseplay or worked under the influence of alcohol)
Generally, under your employer’s workers’ comp policy, you can get compensation for:
- Necessary medical expenses
- Permanent or temporary disability benefits up to a certain amount
- Lost income replacement
The guarantee of these benefits is in one way convenient. But workers’ comp doesn’t cover all expenses and impacts, such as compensation for pain and suffering or emotional trauma. Even if your employer is at fault, workers’ compensation is the only path you can recover against them. However, because Boston construction job sites often have many employers and companies working at them, you may have a claim against another company from which you could collect additional compensation.
You might also be able to collect compensation in your Boston construction accident case through a third-party claim. A third-party claim could be made against any party other than your employer who contributed to the accident. For instance, if there was another construction company on-site that was negligent in their machinery operation and dropped a heavy object on you, causing serious injuries, you could potentially bring a third-party claim against that company.
A third-party claim opens the door to many other damages, such as pain and suffering and emotional trauma. A construction site injury could damage your ability to work and participate in the activities of your normal personal life. This can have serious impacts on more than your physical health and income, affecting your mental and emotional well-being. Through a personal injury claim, you may get compensation for harms not covered by workers’ comp.
Potential Third-Party Defendants In a Boston Construction Accident Case
A third-party Boston construction accident claim will allege negligence against a party other than your employer that contributed to the accident. Many possible people or entities could have contributed to your injuries, which is why you should seek the counsel of our skilled construction accident lawyers in Boston to help investigate your accident and determine all of the parties that may have caused your accident.
Such parties often include:
Job Site Owner
The owner of the job site could be at fault for your injuries, particularly if they violated OSHA standards.
On construction job sites, there are often multiple companies doing work. Each of these companies must train their employees to work safely. If they fail to do so, they could be held liable for your injuries and suffering.
Sometimes a construction accident originates when machinery destined for your job site is manufactured with a crucial defect. When that happens, it may be possible to hold the manufacturer of the machinery liable for your injuries. While this can be difficult to prove and big companies will put up a fight, a skilled Boston construction accident attorney, like those at Jacoby & Meyers LLP, can take the big manufacturers on and hold them accountable.
Insurance Company Tactics In Construction Accident Claims
One thing of which you will quickly become aware if you have to file a claim after a workplace accident is how insurance companies are not friends of claimants. You might bump into an insurance company through your employer’s workers’ comp policy, or when you bring a lawsuit against a third party. Either way, insurance companies can be difficult to deal with.
Rather than having claimants’ best interests in mind, insurance companies are in the business of making money. If they pay out the full value of your claim, that will cut into their profits, which is their priority.
A construction accident victim might feel relief when the phone rings and it’s the insurance company representing the at-fault party calling to make a settlement. Unfortunately, the insurance adjuster on the other end of the call is likely to offer a lowball settlement, and much less than what you need to cover all of your expenses.
The insurance adjuster might even try to tell you that the settlement offer will expire and is the absolute highest they will offer. They may try to convince you not to get a lawyer because a lawyer will only take money out of your settlement. These tactics to pressure you to take an offer on the spot should raise a red flag. An insurance company pressuring you to take an offer is doing so in their best interests, not yours. If you take the settlement offer, you waive your right to bring any future claims against the insurance company for your injuries.
Victims who accept early insurance company offers may find years or even just months later that the settlement offer wasn’t enough; they have more expenses to cover but no money left to cover them. That could leave you facing financial difficulties trying to cover your remaining medical expenses and continued lost income.
The best way to avoid falling prey to insurance company tactics is to have a skilled construction accident attorney at your side who knows what you deserve and will fight to make sure you are treated fairly.
Don’t Wait to File a Claim After Your Boston Construction Accident
Every state sets a time limit on how long you have after your injury to file workers’ comp and third-party claims. Boston construction accident victims have four years to file for workers comp and three years to file a third-party claim.
While these may seem like they make take a long time, they can go by quickly, especially with all of the other challenges that construction accident victims often face, such as:
- Extended hospital stays
- Multiple surgeries
- Extended time out of work
- Numerous doctor visits
- Prescription medication costs
- In facility rehabilitation
- In-home care
- Home renovation costs
Without a lawyer, you cannot bring a legal claim on top of everything else you need to do for your health and move on with your life. Before realizing that for yourself, speak with an experienced Boston construction accident lawyer who can work diligently to battle the insurance company and work to get you the compensation you need to get better.
Boston Construction Accident FAQs
Construction is one of the most dangerous industries in the U.S., and Boston’s active construction industry is no exception. According to the Bureau of Labor Statistics, nearly 80,000 people are injured in construction accidents each year in the United States, and more than 5,000 construction-related fatalities occur annually.
Construction workers in Boston must contend with inclement weather, heavy equipment, elevated workspaces, electrical wiring, trenches, and uneven surfaces. Despite Occupational Safety and Health Administration (OSHA) safety regulations, construction accidents can occur at any time. In some cases, they result from a failure of an individual or organization to follow established safety laws and regulations. Whether it is a co-worker’s actions, a supervisor’s instructions, or a company’s policy, the individuals or organizations whose dangerous decisions and actions cause construction accidents should be held accountable.
If you or a loved one sustained injuries in a construction accident due to someone else’s wrongful or dangerous actions, contact a Boston construction accident attorney as soon as possible to discuss your claim. To help you decide how to move forward, we have compiled a list of the most frequently asked questions our firm hears from Boston construction accident victims.
What should I do if I get hurt in a construction accident in Boston?
Construction accidents can be traumatic and affect your life for years to come.
To protect your legal right to financial compensation for your injuries:
- Seek medical attention. Before you do anything else, seek medical assistance for your injuries. Call 911 and have the paramedics examine you. If you do not immediately go to the hospital in an ambulance, go to the emergency room or your primary care doctor for an examination. Some victims do not feel their injuries until days or weeks after the incident. If you feel more pain later due to your injuries, you should still visit your doctor at that time. Not only will this ensure your health and safety, your doctor keeps records to support your injury claim.
- Report the accident to your supervisor. In Boston, you must report construction accidents to your supervisor in writing within 30 days of the incident. Let your supervisor know as soon as possible, so they can fix the issues that led to the accident. Avoid making any statements to your co-workers, supervisor, a company representative, or an insurance company that could imply that you were at fault. Stick to the facts and do not make any guesses about the cause. If you are unsure about what to write in your statement, speak to an experienced Boston construction accident injury attorney first.
- Document the accident scene. Take photos of the accident scene, including your injuries, the surrounding area, and any equipment or objects involved. If possible, take these photos before anyone can alter the accident scene. The company will want to reduce its liability and may change the site to absolve itself of responsibility. For this reason, it is best to take photos as soon as possible after the accident, if you can.
- Obtain witness information. Take down the names and contact information of anyone who witnessed the accident. Your attorney can contact them later to request witness statements.
- Speak with a Boston construction accident attorney. Contact a lawyer who has experience handling Boston construction accident cases on behalf of injured individuals like you. In a free consultation, an experienced lawyer can evaluate your claim and explain your rights and options.
What causes construction accident injuries in Boston?
Construction sites are inherently hazardous, and various conditions, types of equipment, and circumstances can make them even more so. Even when taking every safety precaution, accidents can still happen to anyone on or near a construction site.
Some of the most common causes of construction accident injuries in Boston include:
- Falling from a height
- falling objects
- Getting caught between equipment or objects
- Trench structural failure or collapse
- Construction equipment failure due to defects or unsafe use
- Electrocution through contact with live wires or ungrounded electrical equipment
- Flame, heat, and explosions from compressed gas and other flammable building materials
- Hazardous gas or particle inhalation
- Repetitive motion injuries
- Strains, sprains, and muscle tears from lifting and turning
While construction workers suffer most construction accident injuries, visitors and bystanders are also at risk on or near a Boston construction site. Non-workers such as site inspectors, visitors, and passersby have an equal right to legal protection and compensation for injuries they suffer in a construction mishap. If you get injured due to construction activities, you generally have a right to financial compensation even if you are not a construction worker.
Who is at fault in a Boston construction accident?
While construction accidents can have many causes, they often result from the negligence of someone other than the injured victim. If someone caused a construction accident by incorrectly operating heavy equipment, for example, you may have the right to sue that individual or individual’s employer for damages.
Poor site management policies, unsafe company practices, engineering miscalculations, and defective equipment can also contribute to construction accidents.
Depending on the cause of the accident, these people or entities may bear some fault for causing a construction accident in Boston:
- Co-worker or equipment operator
- Supervisor, foreman, or management team
- Construction company upper management
- Building architect or engineer
- Defective product manufacturers
- Equipment maintenance and repair services
Rather than trying to figure out on your own who was at fault for the mishap that left you injured, contact an experienced Boston construction accident attorney for assistance. Lawyers who represent injured construction accident victims possess a wealth of knowledge and experience in evaluating cases and determining who was at fault.
What role does workers’ compensation play in a Boston construction accident?
Massachusetts law requires that workers’ compensation insurance covers virtually all construction workers. This insurance, commonly referred to as workers’ comp, pays for injured workers’ medical care and replaces a portion of the workers’ lost wages when a construction accident injury keeps them out of work. Workers’ comp also pays death benefits to the families of construction workers who die in Boston construction accidents.
Generally speaking, workers’ compensation insurance serves as the primary source of financial compensation for Boston construction workers who get injured in an on-the-job accident. Importantly, workers’ comp is a form of “no-fault” insurance, meaning that it covers workers for their injuries and lost wages regardless of what or who caused the accident that injured them.
If workers’ compensation covers you for injuries you suffered in a Boston construction accident, you likely do not have the right to sue your employer or a co-worker for causing those injuries. In effect, your right to receive workers’ comp benefits takes the place of the right to sue those parties in most cases. But you may still have the right to sue someone other than your employer or co-worker, referred to as a third party, if that party’s negligent or malicious actions triggered the construction accident that left you injured.
An experienced Boston construction accident lawyer can represent an injured construction worker in obtaining workers’ compensation benefits, and in exploring the possibility of suing a third party for additional financial compensation.
What kind of damages can I obtain if I sue for my construction accident injuries?
A construction accident in Boston can inflict heavy physical, emotional, and financial suffering. You deserve compensation for as much of those damages as possible.
Every construction accident case differs, and as we noted above, the availability of workers’ compensation benefits may limit your right to sue for additional damages, depending on the circumstances.
But if you have the right to sue someone for the harm you suffered, you can often seek payment for:
- Medical costs
- Long-term medical care
- Medical equipment and prostheses
- Pain medication
- Loss of current and future income
- Loss of career
- Loss of mobility
- Relocation and career change due to reduced mobility
- Lower quality of life
- Loss of companionship
If you lost a loved one in a Boston construction accident, you may have the right to seek damages comparable to those listed above in a wrongful death lawsuit. These damages can include payment for funeral and burial costs, outstanding medical bills, loss of the deceased’s income, and loss of the deceased’s companionship. Contact a construction accident injury attorney to discuss your rights options.
When should I contact an attorney about my Boston construction injury claim?
Contact an experienced construction accident injury lawyer right away.
You have no time to lose when it comes to protecting and enforcing your rights to financial compensation. An attorney may need to act quickly on your behalf to meet important deadlines relating to your workers’ compensation benefits and your rights to file a lawsuit. Swift action by a skilled lawyer can also locate and preserve important evidence to support your claim for damages.
A consultation with an experienced Boston construction accident injury lawyer is free-of-charge, entirely confidential, and comes with no obligation or risk to you. Most construction accident injury lawyers in Boston also work on contingency, meaning that they charge no money upfront, and only get paid if they secure financial compensation for their clients.
In other words, there is nothing to lose, and potentially lots to gain, by contacting our Boston construction accident attorneys as soon as possible.
Speak With the Boston Construction Accident Attorneys at Jacoby & Meyers LLP
The lawyer you choose can make a huge difference in your ability to recover maximum compensation for Boston construction worksite injuries. With decades of experience helping construction accident injury victims recover the compensation they deserve, Jacoby & Meyers LLP is ready to provide the legal representation and guidance you deserve in your case.
Finkelstein & Partners, LLP
15 Court Square
Boston, MA 02108
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
Check out some of our other reviews.