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Boston Construction Accident Lawyer

Key Takeaways About Construction Accidents in Boston

  • For construction accident victims seeking fair compensation, Sweeney Merrigan Law offers over a decade of specialized expertise, guiding clients through the complexities of their claims for a fair resolution.
  • Construction workers injured on the job should promptly seek medical attention, report the incident to their employer, gather evidence, and consult an experienced construction accident lawyer.
  • Construction workers have the right to a safe workplace and workers’ compensation if injured. Consulting a construction accident lawyer is crucial for understanding and advocating for these rights.
  • After a construction accident, damages cover medical expenses and pain and suffering. Knowing your claim’s value and compensation options ensures a fair settlement.
  • Common construction accidents include falls, falling debris, electrocutions, burns, slip-and-falls, machinery mishaps, entrapment, collapses, vehicle accidents, and overexertion.

Working in construction involves heavy machinery among other potentially dangerous aspects, so it’s important to exercise every safety precaution. However, many people often neglect their duty to act carefully and cause accidents and injuries to others.

If this is the case for you, you deserve an experienced Boston construction accident attorney who can help you understand the types of benefits and damages you may be entitled to for your injuries.

At Sweeney Merrigan Law, we can help you fight for the fair compensation you deserve for your injuries.

With over a decade of experience working on construction accidents, you can trust us to handle every aspect of your claim effectively and efficiently.

We understand the laws and strategies that apply to your case and how to build the strongest claim possible to achieve a fair settlement.

Due to the complex nature of these cases, we explain every concept clearly and honestly so you understand the full scope of your claim. Give us a call at 617-391-9001 or fill out our contact form to arrange a free consultation. 

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4 Steps to Take After a Construction Accident In Boston 

Even though construction is a risky profession, workers are still protected if injured on the job. Construction injuries are typically covered under workers’ compensation regulations.

However, an injured construction worker may be forced to file a personal injury claim if their needs aren’t met. Taking the following steps can help you protect your rights after a construction accident:

1. Seek Immediate Medical Attention

Even if you feel fine after a construction accident, you should seek medical attention as soon as possible and get your injuries evaluated by a doctor. If you are seriously injured, call 911. Otherwise, you should go to a doctor or the emergency room to get a check-up.

You should also tell the medical professional attending you that you were injured on the job. This creates a record of your injuries and their cause, which can help strengthen your claim. 

2. Report the Accident to Your Employer

After taking care of any immediate health concerns, you should notify your employer about the accident and your injuries, regardless of their severity.

Reporting the incident ensures that you have official documentation of it. If your employer engages in any unsafe practices, this information will be on file and potentially be used to prevent future accidents.

Furthermore, a failure to disclose a workplace accident and injury can benefit your workers’ compensation claim.

3. Gather Evidence and Useful Information

As the person filing a claim against a liable party, you are responsible for proving their negligent actions caused the accident and your injuries.

Therefore, you should collect as much information as possible after the accident to strengthen your claim and achieve full compensation. Potential evidence you can gather include the following:

  • The contact information and statements of any witnesses
  • Photos of the scene of the accident
  • Any broken equipment involved in the accident
  • Documentation of the accident and your injuries
  • Any correspondence you have had with your employer

This information is crucial for our in-depth investigation of your claim. We can also use this information to demonstrate the severity of your accident and resulting injuries to fight for fair compensation.

4. Consult an Experienced Construction Accident Lawyer

After sustaining injuries in a construction accident through no fault of your own, your recovery should be your top priority.

Our top Boston personal injury lawyers allow you to take the time you need to rest while fighting for your rights and handling every aspect of your claim. We have handled numerous construction accident claims in our decade of experience, so you can count on us to get to the heart of your case.

Hurt on a Construction Site? If you or a loved one has been hurt on a construction site, it’s important to act quickly to protect your rights. Sweeney Merrigan Law is here to guide you every step of the way toward recovery and compensation.

What Are Your Rights As a Boston Construction Worker?  

While construction sites are generally dangerous environments for workers, construction companies still are responsible for providing a reasonably safe environment for their employees to do their jobs.

If a construction company or other negligent party does not uphold their duty of care to workers, you may suffer serious injuries that impact your career and future.

Knowing your rights after a construction accident is essential for building a solid claim and advocating for just compensation. Our team of knowledgeable construction accident lawyers can help you understand these rights and fight for a successful outcome.

Your Right to a Safe Workplace

Despite construction sites being riskier places to work, you still have the right to a reasonably safe workplace. Your employer is responsible for preventing accidents to the best of their ability by taking measures like the following to ensure your protection:

  • Personal fall arrest (PFA) systems
  • Guardrail systems
  • Hole covers
  • Harnesses
  • Safety gear
  • Secure scaffoldings

If your employer neglects the responsibility to maintain a safe work environment, we can help you hold them accountable for their careless actions.

Workers’ Compensation

As a construction worker, you have the right to a workers’ compensation package as a part of your benefits. Workers’ compensation is insurance that allows employees to file a claim if they are injured due to a construction accident.

The compensation you receive from these claims can help cover the costs of medical expenses, lost wages, and any other damages. Family members could file a claim on an employee’s behalf if a wrongful death occurred.

While filing a claim after an accident may seem simple, your employer may dispute or deny your claim. They may offer you an amount that is not considered fair compensation to cover the cost of your losses.

Therefore, it’s essential to consult a knowledgeable construction accident lawyer to understand your options better. 

Do You Need to Prove Fault After a Boston Construction Accident?  

You do not need to prove negligence or fault to recover benefits through workers’ compensation in Boston. This no-fault system entitles you to benefits even when you are responsible for your accident with few exceptions.

However, pursuing a claim against a third-party outside workers’ compensation requires you to prove negligence. You must demonstrate that a third party owed you a duty of care, violated this duty, and caused your accident.

Depending on the cause of your accident and the responsible party, evidence like accident reports, witness statements, and strict product liability laws may be used to establish liability. These claims may require an in-depth investigation by our Boston construction accident lawyers and other specialists. 

What Damages Are Available After a Construction Accident?  

Many factors may determine the value of your case. In addition to the value of your economic losses like medical expenses, your claim’s worth will depend on whether you can only recover workers’ compensation benefits. A personal injury lawsuit may allow you to recover additional non-economic losses, like pain and suffering. 

Workers’ compensation benefits have a clearly defined value based on your average weekly wage, serving as a maximum cap for benefits. We can help you determine the value of your claim accurately to ensure you receive a fair settlement.

You can recover damages after a construction accident through a workers’ compensation or third-party claim. Depending on which type of claim you file, you may receive compensation for the following:

Workers’ Compensation Claims

Workers’ compensation in Boston offers guaranteed benefits for workplace accidents. You are generally entitled to the following according to state law:

  • Reasonable, necessary medical expenses
  • Permanent disability benefits at 66% of your gross average weekly wages (AWW) up to the state average weekly wage (SAWW)
  • Temporary total disability benefits at 60% of your AWW for up to 3 years and up to the SAWW
  • Temporary partial disability benefits at 75% of the difference between your weekly total temporary benefits, which are 60% of your gross AWWW, and you can receive benefits for up to 260 weeks. 

You may also be entitled to a one-time payment for permanent loss of function, disfigurement, or scarring (on the hands, neck, or face).

The amount of this one-time sum will depend on the severity and location of the function loss or injury. Note that workers’ compensation does not allow you to recover for non-economic losses like pain and suffering.

Third-Party Claims

You might have a third-party claim if a negligent third party caused your injuries. This type of claim may allow you to recover damages not available through workers’ compensation, like pain and suffering, emotional distress, and loss of enjoyment of life.

You can recover damages if you are partially to blame for your construction accident thanks to Massachusetts’ modified comparative negligence system. This means each party involved receives a percentage of fault for the accident, which gets deducted from their compensation.

Those with over 51% of the fault cannot collect any damages. We can help ensure you do not receive an unfair fault percentage, so you can collect the compensation you deserve.

Common Causes of Boston Construction Accidents  

Due to the dangerous environments construction workers often work in, the results may be catastrophic for the victims involved when an accident occurs. Because a large number of people and factors keep a construction site safe and running properly, accidents can have various causes, including the following:

  • Falls: Whether you are on scaffolding, rooftops, or ladders, when you perform your job at considerable heights, you may be at risk of falling and becoming seriously injured due to inadequate or unsafe conditions.
  • Falling debris: When on a construction site, debris like tools, pieces of scaffolding, or building equipment may fall from a far height if they are improperly managed or secured.
  • Electrocutions: There are often exposed wires, unfinished electrical systems, and downed power lines until the construction of a site has been completed. This leaves construction workers at high risk of electrocution if they are not warned.
  • Burns or explosions: Exposed wires may cause fires or explosions. Also, gas leaks on the property may cause similar disasters that can leave workers severely burned and injured. Even welding accidents can cause permanent impairments and disabilities. 
  • Slip-and-fall accidents: While this type of accident may not seem serious, victims may be left with serious injuries if they do not receive a warning of potentially hazardous conditions.
  • Machinery accidents: Construction workers often must operate dangerous machinery like jackhammers, cranes, or bulldozers. If someone has not received proper training or the machinery malfunctions, you may suffer serious injuries.
  • Becoming trapped between materials: Someone’s negligence may cause you to become trapped between a wall and fallen material, which could cause serious injuries and even oxygen depletion.
  • Ground of trench collapses: If the ground is unstable due to improper inspection or construction, you may become injured if the ground or trench on a construction site collapses.
  • Getting hit by a vehicle: When construction sites are on the highway, workers run a high risk of being hit by a car or other vehicle due to negligent drivers.
  • Overexertion: Construction workers are often subjected to harsh weather conditions and long work days. Overworking in these conditions can lead to workers suffering from fainting, dehydration, and strokes in extreme cases. 

Regardless of the severity of your injuries or the type of construction accident you were injured in, you deserve fair compensation for your losses. Our lawyers can help you build a strong claim and hold the liable party accountable.

How Can a Lawyer Help With Your Boston Construction Accident Claim?  

When you are injured after a workplace construction accident, you should not worry about negotiating with an insurance company for your benefits. Our hardworking Boston construction accident lawyers can help you build the strongest case possible for maximum benefits. 

We are an award-winning law firm whose attorneys have been named among the “Most Powerful Attorneys” by Massachusetts Lawyers Weekly. Our driven team has recovered tens of millions of dollars in jury awards and settlements, so you can trust us to handle all aspects of your claim, including the following:

  • Offering legal advice through a relationship built on trust
  • Investigating your accident thoroughly
  • Gathering evidence that supports causation and liability
  • Exploring additional avenues to recover compensation through a third-party claim
  • Working with medical experts to establish the severity of your injuries and how they affect your life
  • Negotiating with insurance companies attempts to minimize your injuries and damages
  • Taking your case to court if necessary for fair compensation

A Boston construction accident attorney at our law firm can help you file your claim within Massachusetts’ four-year statute of limitations. While this may seem like plenty of time, recovery and other delays can make meeting this deadline difficult.

Fortunately, you do not need to pursue a workers’ compensation claim alone. We support you every step of the way, so you can rest assured you are in the best hands.

Contact the Trusted Boston Construction Accident Attorneys at Sweeney Merrigan Law   

Dealing with the aftermath of a construction accident can be overwhelming. You may worry about how your injuries will affect your ability to work and the steep costs of treatment. Our Sweeney Merrigan Personal Injury Lawyers are here to help you seek justice and make the legal process less stressful with our unwavering guidance.

Construction accident claims can be complicated, so we can help you understand the decisions you need to make to achieve a fair settlement.

Co-managing partners J. Tucker Merrigan and Peter M. Merrigan lead our award-winning Boston team.

J. Tucker Merrigan received recognition for his work in the Massachusetts legal system, including awards like 40 under 40 by National Trial Lawyers and the 2020-2021 Top Attorney Award.

Peter M. Merrigan has garnered awards for his work helping the communities of Boston in the 2018 Top 40 Under 40.

If you have suffered injuries in a construction accident due to someone else’s negligence, call (617) 391-9001 or fill out our contact form to schedule a free consultation.

Frequently Asked Questions About Construction Accidents in Boston

What is the statute of limitations for a construction accident in Boston, MA?

In Boston, MA, the statute of limitations for a construction accident lawsuit is generally three years from the date of the incident. However, it’s essential to consult with an attorney as there may be exceptions or variations depending on the specific circumstances of the accident and applicable laws. Acting promptly and seeking legal advice can help ensure that your rights are protected within the appropriate time frame.

Should I file a workers’ compensation claim and a personal injury claim after a construction accident?

After a construction accident in Boston, MA, it’s generally advisable to file both a workers’ compensation claim and a personal injury claim. Workers’ compensation provides benefits for medical expenses and lost wages, regardless of fault, while a personal injury claim allows you to seek additional compensation for pain and suffering and damages not covered by workers’ comp. Consulting with an attorney can help ensure you pursue all available avenues for compensation and protect your rights effectively.

Can my construction accident case settle out of court?

Yes, your construction accident case can be settled out of court in Boston, MA. Many personal injury cases, including those involving construction accidents, are resolved through negotiation and settlement before reaching trial. Settling out of court can save time and litigation costs, and it allows both parties to reach a mutually agreeable resolution. However, it’s crucial to consult with an attorney to ensure that any settlement adequately compensates you for your injuries and losses.

Boston Emergency Rooms

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Attorneys at Sweeney Merrigan Law, LLP have been recognized and honored by several of the top legal associations, including SuperLawyers, National Trial Lawyers Association, and Best Lawyers.

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