Boston Construction Accident Lawyer
If you have ever been seriously injured in a construction accident in Boston, an experienced Boston construction accident attorney can help you understand the types of benefits and damages you may be entitled to for your injuries. For more than a decade, Sweeney Merrigan Law has represented injured workers and their families. Contact our law office for a free consultation. We will discuss how we can help you fight for the fair compensation you deserve for your injuries.
You may be entitled to compensation through workers’ compensation and a third-party injury claim. Call (617) 380-4014 or fill out our contact form to speak with an experienced lawyer from Sweeney Merrigan Law.
How Can a Boston Construction Accident Attorney Help You?
Construction workers face one of America’s most dangerous jobs. When you are injured after a workplace accident, you should not have to fight an unsympathetic insurance company for your benefits. An experienced Boston personal injury lawyer can help you build the strongest case possible for maximum benefits.
Sweeney Merrigan Law is an award-winning law firm, and our attorneys have been named among the “Most Powerful Attorneys” by Massachusetts Lawyers Weekly. Our team of personal injury attorneys, which includes a former Trial Judge of the Year, has recovered tens of millions of dollars in jury awards and settlements. This includes awards of five million for permanent injuries and wrongful death on construction sites. Choose the Boston construction accident lawyers at Sweeney Merrigan Law to represent you in your workplace injury case, and we will:
- Offer legal advice through a relationship built on trust
- Investigate your accident to gather evidence that supports causation and liability
- Explore additional avenues to recover compensation through a third-party claim
- Work with medical experts to establish the severity of your injuries and how they affect your life
- Fight back against the insurance company’s attempts to minimize your injuries and damages
- Negotiate on your behalf with the insurance company
- Take your case to court if necessary for fair compensation
You do not need to pursue a workers’ compensation claim alone. You may even be entitled to benefits outside this no-fault system. The elite Boston construction accident lawyers at our firm will help you value your case and seek the full compensation you deserve. Call our law firm in Boston, MA today for a free consultation with a construction accident attorney.
How Common Are Construction Accidents in Boston, Massachusetts?
Construction accidents aren’t just common. They’re the leading cause of workplace fatalities and one of the top causes of serious workplace injuries in America. According to OSHA, there were 5,333 workers killed on the job in the U.S. in 2019. One out of every five of these deaths involved construction workers. Every year, there are nearly 150,000 construction site accident injuries with workers between ages 25 to 34 most likely to be hurt. Nearly 15% of workers’ compensation costs go toward workers who are hurt at construction sites.
In Massachusetts, 69 workers were killed on the job in 2018, according to the Massachusetts Coalition for Occupational Safety and Health. Construction accidents were responsible for 36% of these deaths. The same year, there were over 73,300 non-fatal workplace illnesses and injuries in the state. Over 40,000 of those injury’s type and location. The best way to determine the value of your claim is to consult with an experienced Boston workers’ compensation lawyer. Call Sweeney Merrigan Law to schedule a free consultation today.
What Is Your Construction Accident Case Worth?
Every injury case is unique. Many factors may determine the value of your case. In addition to the value of your economic losses like medical expenses, your claim’s value will depend on whether you can only recover workers’ compensation benefits. A personal injury lawsuit may allow you to recover additional damages like non-economic losses which may even rival the value of your economic losses.
Workers’ compensation benefits have a clearly defined value that’s based on your average weekly wage. The state average weekly wage serves as a maximum cap for benefits. In cases involving disfigurement, amputation, or impairment, a one-time payment will be calculated based on the type and location of the injury. The best way to determine the value of your claim is to consult with an experienced construction accident attorney in Boston, MA. Call Sweeney Merrigan Law to schedule a free consultation today.
Common Types of Construction Accidents
An accident can occur when least expected. Even if you are a generally safe person, unforeseen circumstances can lead to a damaging accident that may leave you with life-altering injuries. While working in construction, there are already many risks associated with the nature of the job. However, when negligent parties are involved, the likelihood of an accident may increase exponentially. Due to the dangerous environments that construction workers often work in, when an accident occurs, the results may be catastrophic for the victims involved. A construction accident may occur in a number of various ways, but some of the most common types of construction accidents include:
- Falls: Whether you are on scaffolding, rooftops, or ladders, when you perform your job at large heights, you may be at risk of falling and becoming seriously injured.
- Falling debris: When on a construction site, debris like tools, pieces of scaffolding, or building equipment may fall from a far height and cause serious damage to you if you are hit.
- 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.
- Burns or explosions: Exposed wires may cause blazing fires or explosions. Additionally, gas leaks on the property site may cause similar disasters that can leave workers severely burned and injured.
- Slip-and-fall accidents: A slip-and-fall can occur anywhere. While this type of accident may not seem serious, victims may be left with serious injuries like traumatic brain injuries.
- Machinery accidents: Construction workers often must operate dangerous machinery like jackhammers, cranes, or bulldozers. If an accident occurs while you are operating any dangerous machinery, you may become severely injured as a result.
- Becoming trapped between materials: If you become trapped between a wall and fallen material, you may be seriously injured and may even risk a depletion of oxygen.
- Ground of trench collapses: If the ground is unstable, you may become injured in the event that 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. However, this type of accident may occur on any construction site if negligent drivers are in the area.
- Overexertion: Construction workers are often subjected to harsh weather conditions and long work days. Working 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. Going through the construction accident injury claim on your own can be overwhelming as you try to heal from your injuries. That is why it is important to have a professional on your team. To get help building a strong claim as you pursue the damages you are owed, contact our team of trusted construction accident attorneys in Boston, Massachusetts.
What Kind of Damages Are Available to Construction Accident Victims?
There are two ways to recover damages after a construction site accident: workers’ compensation and third-party claims. The types of damages you can recover will depend on the type of claim.
Workers’ Compensation Claims
Workers’ compensation in Boston offers guaranteed benefits for workplace accidents. You are generally entitled to:
- 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. 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
If your accident was caused by a negligent third party, but not your employer, you may have a third-party claim. This can allow you to recover damages not available through workers’ compensation like pain and suffering, emotional distress, and loss of enjoyment of life.
Can You Be Compensated if You Are Being Blamed for Your Construction Accident?
You can recover workers’ compensation benefits even if you are partially to blame for your construction accident with a few exceptions. If you are pursuing a third-party claim, damages will be shared by all liable parties. Massachusetts uses a modified comparative negligence rule in personal injury cases involving shared blame.
You can still recover damages in a lawsuit if you are found partially at fault for causing your injuries. Your recovery will be reduced according to your share of assigned blame. However, you cannot recover any compensation if a jury determines you are more than 51% at-fault for your injuries. This rule is known as the 51% Bar.
How to Protect Your Rights After a Construction Accident
Despite the fact that construction sites generally are dangerous to the workers who frequent the site, it is true that construction companies still hold a responsibility to provide 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, these careless actions may lead to a life-altering injury or wrongful death in severe cases.
If you have been the victim of a construction accident in Boston, it is important that you know what your rights are and what you can do to protect them as you pursue justice for your losses. Our team of knowledgeable construction accident lawyers may be able to help you understand how you can best protect your rights after an accident occurs.
Your Right to a Safe Workplace
While a construction site is understandably a much more risky work space than an office building, you still have the right to a reasonably safe workplace as provided by your employer. Your employer is responsible for preventing accidents to the best of their ability by taking measures to ensure your protection. They may do this by providing:
- Personal fall arrest systems, also referred to PFA
- Guardrail systems
- Hole covers
- Harnesses
- Safety gear
- Secure scaffoldings
If proper safety precautions are not taken into consideration, damaging accidents may occur and leave workers badly injured.
Workers’ Compensation
Your employer should offer all employees a workers’ compensation package as a part of your benefits. Workers’ compensation is a type of insurance that allows employees to file a claim in the event they are injured as a result of a construction accident. The compensation awarded for these claims can help you cover the costs of medical expenses, lost wages, and any other damages. In the event that a wrongful death occurred as a result of a construction accident, the family of the deceased worker may approach the employer about filing a claim on their behalf.
If you choose to file a claim with workers’ compensation, your employer is no longer at fault for the accident and you may not file any further legal action against them. While it may seem like a simple process to file a claim after an accident, your employer may dispute or deny your claim. They may also offer you an amount that is not considered fair compensation to cover the cost of your losses. That is why it is important to consult an experienced construction accident lawyer to better understand what your best options are to better protect your rights.
What Are Common Construction Accident Injuries?
Construction accidents often result in life-changing, serious injuries. The construction accident attorneys at Sweeney Merrigan Law, LLP will help you fight for maximum compensation for injuries such as:
- Eye injuries
- Burns
- Electrocution
- Fractures
- Back injuries
- Neck injuries
- Knee injuries
- Traumatic amputation
- Brain injuries
- Spinal cord injuries
- Toxic chemical exposure
Our experienced construction accident lawyers are here to help you recover the money you need to recover. Contact us to find out how we can help you.
What Are Common Causes of Construction Accidents in Boston?
Construction sites are usually dangerous, with heavy machinery, work done from heights, tripping and electrocution hazards, trenches, and other dangers. The “Fatal Four” that are responsible for 60% construction deaths are:
- Falls. 36% of construction deaths are caused by falls. This may involve a fall from a height, scaffolding, or into an open trench. A lack of fall protection or inadequate protection is one of the most common OSHA violations on construction sites.
- Struck by object. 80 of the 971 construction workers killed in 2017 died after being struck by equipment or an object. About 23 of these accidents involved being struck by a powered vehicle.
- Electrocution. 71 of construction workers were killed by electrocution in 2017. 47 of these cases involved direct exposure to electricity and 24 involved indirect exposure.
- Caught in or between objects. 15 fatalities occurred when workers were caught in or between objects or equipment. In construction, this typically involves heavy machinery.
In addition to these fatal four, construction accidents can have many causes. Slip and fall accidents are common on construction sites and may involve falling into an uncovered trench, hole, or lower level. Ladders and scaffolding are involved in many injuries and fatal accidents. The BLS found that 72% of workers were hurt in a scaffolding accident when the support gave way or when the worker slipped and fell. Scaffolding is a commonly cited area for OSHA safety violations.
Machinery accidents and power tools can also contribute to a large number of construction injuries. These accidents can be the result of inadequate training, lack of safety equipment, improper use, electrical failure, and defects. Many serious construction site accidents involve vehicles such as dump trucks, forklifts, cranes, and backhoes. Injuries may happen when a worker falls from a vehicle, is struck by a vehicle, or the vehicle tips over.
Do You Need to Prove Negligence After a 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 of workers’ compensation does require proving negligence. These claims work like any other personal injury claim. You must prove 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, accident reports, witness statements, strict product liability laws, and other evidence may be used to establish liability. These claims may require an in-depth investigation performed with the help of a Boston construction accident attorney and specialists in many fields.
How Long Do You Have to File a Lawsuit After a Construction Accident in Massachusetts?
You have a limited amount of time to file a claim for compensation after a construction accident in Boston. The Massachusetts statute of limitations for workers’ compensation is four years from the date of your accident. You must also report the accident or injury to your employer as soon as possible. If you are eligible to file a personal injury lawsuit against a third party, your case must be filed within three years of your accident.
Contact a Boston Construction Accident Lawyer for Help
Your life may be forever changed after your workplace accident. You may be unable to work again. You should not be left with a financial burden. Sweeney Merrigan Law will help you fight for the full benefits you deserve under workers’ comp or a third-party injury lawsuit.
When you choose to work with Sweeney Merrigan Law you will have access to a team of award-winning construction accident attorneys. Our trusted legal team is led by our experienced co-managing partners, J. Tucker Merrigan and Peter M. Merrigan. J. Tucker Merrigan has been a co-managing partner of the firm for over a decade. He has been recognized for his work in the Massachusetts legal system with awards that include: Under 40, National Trial Lawyers; 2020-2021 Lawyer.com Top Attorney Award. Our other co-managing partner, Peter M. Merrigan, has been recognized for his work helping the communities of Boston: 2018 Top 40 Under 40, National Trial Lawyers; 2021 Massachusetts “Super Lawyer.”
Contact our Suffolk County law office today to schedule a free consultation with an experienced construction accident lawyer by filling out our contact form or calling (617) 380-4014. We work on a contingency fee basis. If we do not win your case, you owe nothing.
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