If you work in construction in Boston, Massachusetts and have suffered a serious injury, or if you recently received the devastating news that a loved one passed away in a fatal construction accident, please contact Barry D. Lang, M.D. & Associates for help.
We are a team of experienced workers’ compensation lawyers in Boston who will rapidly and effectively review your construction accident case to offer personalized legal counsel. We offer free case consultations and work on a contingency fee basis, meaning you won’t pay us anything unless your case ends in financial compensation for your losses.
When to Contact a Construction Accident Attorney in Boston
A construction accident can result in devastating and fatal worker injuries. Even in the face of a life-changing injury, however, an insurance company in Massachusetts may try to take advantage of the individual who is filing the claim. It can be important to hire an attorney to help you protect your legal rights against an insurer as an injured worker or surviving loved one.
An insurance company is more likely to offer a fair settlement after you hire a lawyer to represent your interests. You will also benefit from greater peace of mind by having a lawyer handle the legal side of your construction accident case – letting you focus on healing and restoring your life to normal as much as possible.
Construction Is America’s Deadliest Industry
Although every type of job and workplace in Boston can come with injury risks, the construction industry consistently reports the highest number of worker deaths in the U.S. According to the Occupational Safety and Health Administration (OSHA), construction accounts for about 20 percent (1 in 5) worker deaths in the country each year. In the last year that data is available, 5,333 workers died on the job – and 1,061 of these deaths were in construction.
Common Types of Construction Accidents in Boston, Massachusetts
Several hazards that are unique to the construction industry increase the risk of catastrophic injuries and deaths in this sector. Construction workers are constantly working from heights, relying on heavy machinery and using dangerous power tools. Some of the most common accidents reported among construction workers in Boston are:
- Slip, trip and fall accidents
- Transportation accidents
- Crane collapses
- Scaffold accidents
- Structural collapses
- Heavy machinery accidents
- Forklift rollovers
- Struck-by falling objects
- Contact with objects or equipment
- Exposure to harmful substances
- Repetitive motion injuries
- Acts of violence by people or animals
According to OSHA data, the top most frequently cited safety standards violated in construction have to do with fall protection, ladders, scaffolding, the control of hazardous energy and machinery/machine guarding. It is an employer’s duty to recognize these safety hazards and take actionable steps to protect construction workers from common sources of injury.
What Are Your Rights After a Construction Accident Injury or Death?
If working in construction gave you a serious injury or killed a loved one, you and your family may be entitled to financial compensation through one or more outlets in Massachusetts. The legal team at Barry D. Lang, M.D. & Associates can investigate the accident, analyze all available evidence and break down your legal options based on the circumstances.
Massachusetts Workers’ Compensation Claim
Typically, the easiest way to obtain compensation for a construction site accident in Boston is through a workers’ compensation claim. Workers’ comp is a type of insurance that is required of all employers in Massachusetts, regardless of the size of the company or the number of employees. It is a no-fault system, where an injured worker can receive financial compensation for his or her losses without having to prove that someone else is at fault for the accident.
The benefits available through a workers’ comp claim include reimbursement for 100 percent of a worker’s medical expenses (past and future), about two-thirds of his or her weekly lost wages, temporary or permanent partial and total disability benefits, vocational rehabilitation, and death benefits. These benefits are subject to statewide maximums that change year by year.
If you wish to file a workers’ compensation claim after a construction accident in Boston, report the injury to your employer right away. Then, visit a doctor on your employer’s approved list (unless it is an emergency, in which case you can seek medical care anywhere). Next, tell your employer that you wish to file a workers’ comp claim. Your employer will acquire, fill out and submit the necessary paperwork for you.
Personal Injury or Wrongful Death Lawsuit
You may also be entitled to financial compensation through a personal injury lawsuit after a construction accident in Boston. This is a civil claim brought against one or more parties for causing or contributing to the injury. Most personal injury cases are based on the plaintiff’s legal theory of negligence. This doctrine asserts that the defendant – such as the victim’s employer or a product manufacturer – breached the required duty of care, and that the worker’s injury or death would not have occurred otherwise.
Once you accept a workers’ compensation settlement in Massachusetts, you forfeit the right to bring a lawsuit against your employer for negligence. This is why it is important to discuss your legal options with a lawyer before accepting a settlement. Although you or your lawyer must prove negligence or fault to win a personal injury lawsuit, it can result in greater financial compensation than a workers’ comp settlement in Boston.
You could also recover through both the workers’ compensation system and the civil justice system after a construction accident if you are suing someone other than your employer. If an investigation finds that a third party such as a contractor, property owner or product manufacturer contributed to your accident, you may be eligible for compensation through both types of claims. This can maximize your financial recovery.
Injured in a Construction Accident? Contact Us Today for Assistance
A serious construction accident can change your life forever. At Barry D. Lang, M.D. & Associates, we are passionate about helping injured workers in Boston and throughout Massachusetts understand and defend their legal rights. We will listen to your construction accident story and provide a rapid and effective case review.
We have on-staff doctors and nurses so that you don’t have to wait for outside experts to analyze your case. Then, we will guide you to the ideal solution for you to maximize your financial recovery after a traumatic construction accident. Contact us to learn more today during a free case consultation. Call 1-877-LAW-DOCS.