Construction Injury Lawyer & Construction Fall Attorney

Can I Sue My Employer for My Construction Injury in Massachusetts?

If an employee is injured at work, they are generally entitled to workers’ compensation for their workplace injuries in Massachusetts. Workers’ compensation typically provides wage replacement and medical benefits for injured employees.

Massachusetts also allows an injured worker to sue his or her employer when the employer has been grossly negligent for a construction injury, scaffolding accident, or other catastrophic on-the-job injury. To prevail, however, an individual must prove that the employer was aware there was an unreasonably high risk of injury.

As experienced Boston construction accident lawyer, attorney Tim Lowney can review the facts of your case, explain your legal options, and tenaciously advocate for maximum compensation through all available avenues, including workers’ compensation and personal injury suits.

Can I File a Personal Injury Lawsuit If I Am Collecting Workers’ Compensation Benefits in Massachusetts?

Yes.

Workers’ compensation benefits often insufficiently compensate an individual for their injuries. However, if someone other than an employer is at fault for the injuries, a worker may also have a personal injury claim for significant damages, including pain and suffering.

As an experienced Boston construction accident lawyer and construction fatality attorney, Tim Lowney has a reputation throughout Massachusetts for pursuing maximum compensation at trial if a full and fair settlement cannot be achieved. If you or a loved one was injured by a third party, he can tenaciously advocate for justice and maximum compensation for you and your family.

What Are the Advantages to Being Able to Sue a Third Party in a Construction Site Injury Case?

The main advantages of being able to sue a non-employer party at fault include:

• The availability of damages for pain and suffering. Workers’ compensation does not provide damages for pain and suffering, or many other types of damages (such as loss of enjoyment from being able to participate in previously-enjoyed activities).

• No limitation on job loss damages in the case of permanent disability. Workers’ compensation laws have prescribed limits on how much may be recovered in the event a worker is permanently injured and cannot return to work. Conversely, in a personal injury claim, there is no limit on the amount in which an injured worker may be entitled, except to the extent that they can reasonably prove future lost wages.    

• The immediacy of compensation. In a personal injury suit, the person injured is entitled to the immediate payment of a jury award for all damages, including future lost wages.  This is not usually the case with workers’ compensation awards unless a settlement can be achieved.  An injured worker may be required to be paid over time. 

• The ability to recover for other types of damages. In addition to recovering for pain and suffering, there may be other types of damages available in a personal injury lawsuit that are not compensable under workers’ compensation.

For these reasons, if you’ve been injured at a construction site, it is critical to retain a construction injury lawyer to determine if someone other than your employer may be liable for your injuries.

What Are the Common Causes of Boston Construction Accidents?

When an individual works in construction, the possibility of an accident or injury is high. Workers and employers must exercise awareness to prevent injuries and accidents from happening.

What are some ways that construction workers can be injured? According to the Center for Construction Research and Training, the majority of construction injuries and accidents are caused by:

• Falls,
• Struck-by accidents,
• Electrocutions, and
• Caught-in-between accidents.[1]

While the preceding causes account for a large proportion of Boston construction injuries, the Occupational Safety and Health Administration (OSHA) reports that construction sites are frequently cited for the following:

• Lack of proper protective equipment (e.g., fall protection and respiratory devices),
• Tripping hazards,
• Failure to secure scaffolding,
• Deficiently maintained tools, equipment, and/or machinery,
• Missing guards or rails,
• Lack of appropriate training for the operation of complex equipment or heavy machinery,
• Worksite defects,
• Negligent supervision,
• Failure to control hazardous energy, and
• Insufficient hazard communication.

[1] Id.

How Much Does It Cost to Hire an Experienced Boston Construction Accident Injury Attorney?

At Lowney Law, LLC, we represent clients across greater Boston and throughout the State of Massachusetts on a contingency fee basis. This means we are only entitled to a fee if we secure compensation on a client’s behalf. We also advance all litigation expenses while a case is ongoing so that injured workers do not have to worry about coming out of pocket for upfront costs.

As a construction accident attorney with over two decades of experience, Tim represents construction workers injured in all types of accidents, including those involving (but not limited to):

• Slip and falls,
• Defective tools and heavy machinery,
• Scaffold accidents,
• Trench wall and ground collapses,
• Forklift injuries,
• Crane accidents,
• Chemical exposure,
• Electrocutions,
• Falling objects,
• Repetitive motion injuries, and
• Vehicle crashes.