Construction Site Accidents

Because of the physically demanding nature of construction work, a relatively minor injury may prove to be career-ending and have a catastrophic economic impact on the injured worker and his or her family. For example, a damaged knee or back may disable a construction worker from his or her job and significantly reduce the worker's ability to earn a living and obtain fringe benefits, such as health insurance and a pension. Over the course of a lifetime, that knee or back injury could result in hundreds of thousands of dollars in economic losses.

Despite Federal and State regulations aimed at improving job safety, construction work remains difficult and dangerous. Common accidents that occur on construction sites include:

• trip and fall accidents on construction debris left in walkways and work areas;
• falling accidents due to unguarded or uncovered holes;
• severe accidents caused by a lack of adequate safety precautions.

These are just a few examples of the countless ways workers may be injured by the hazards typically associated with construction work. If you are injured on a construction site, there are several steps that you should take as soon as possible to help preserve your rights:

• report the accident immediately, following the appropriate procedure for the job site;
• if medical treatment is necessary, go to a hospital or a doctor as soon as possible;
• obtain the first and last names of any witnesses and, if possible, telephone numbers or addresses;
• if a camera is available, make sure the accident scene is photographed;
• identify any contractors or subcontractors on the job site responsible for the hazard that caused your injury;
• contact an attorney who can provide assistance and advice concerning your potential claim. Do not talk to anyone without first speaking to an attorney.

These steps will help the investigation of your accident and allow an attorney to pursue any claims that you may have. The first and foremost concern for any injured worker is preserving his or her rights to obtain workers' compensation benefits. Keches & Mallen, P.C. has many lawyers who specialize in pursuing workers' compensation claims. The workers' compensation benefits available to an injured worker are defined and limited by statute. In addition, Keches & Mallen also aggressively investigates all construction accidents to determine whether any other claims may exist against other responsible parties.

As part of the workers' compensation law in Massachusetts, an injured employee cannot sue his or her employer or any co-employee for negligence which causes an injury. If, however, any third parties have negligently caused the injury, then a claim may be pursued against them. If the injured worker is employed by a subcontractor, claims may be pursued against the negligent general contractor, construction manager, owner, or perhaps another subcontractor who is not the employer.

In Massachusetts, the injured worker has the exclusive right to pursue a third party claim for seven months following an injury. After that seven month time frame, the insurer who has paid workers' compensation benefits to the injured worker may file a lawsuit in the injured worker's name against a responsible third party. When this happens, the injured worker may lose control over the litigation.

If you've been injured on the job, it is important to retain counsel as soon as possible after the accident to protect your rights.