Boston Construction Accident Attorney
Injured in a construction accident in Boston, MA? Our experienced Boston construction accident lawyers will fight to recover maximum compensation for your injuries.
When safety rules aren’t followed or people are careless, the injuries that result are often severe. Victims are left with high medical bills, lost wages, and permanent disabilities that workers’ compensation can’t fully cover.
Our Boston construction accident attorneys understand how complex Massachusetts construction accident law can be, and we look into every aspect of your accident, identify all responsible parties, and do everything we can to help you recover maximum compensation for your injuries.
Contact The Law Office of Burns Jain today for a free initial case evaluation with our skilled legal team.
Do I Have a Workers’ Comp Claim, a Third-Party Claim, or Both?
After a construction injury, you typically have two separate legal paths available. Workers’ compensation covers medical bills and partial wage replacement through your employer’s insurance, regardless of who caused the accident. Third-party claims are personal injury lawsuits against negligent parties who aren’t your employer – like general contractors, subcontractors, property owners, or equipment manufacturers.
The key difference is that workers’ comp prevents you from suing your employer directly, but it doesn’t stop you from pursuing other responsible parties. Third-party claims allow you to recover damages that workers’ comp doesn’t cover, including pain and suffering, full lost wages, and future earning capacity.
Under Massachusetts law (G.L. c. 152 §15), your workers’ compensation insurer has a lien on any third-party recovery. This means they get reimbursed for benefits they paid you, but experienced attorneys negotiate these liens to maximize what you keep. In rare cases, you can sue your employer directly if they lack workers’ comp insurance or caused your injury through serious and willful misconduct under Section 28.
- General contractors: Failed to maintain safe working conditions or enforce safety protocols.
- Property owners: Knew about dangerous conditions but failed to address them.
- Equipment manufacturers: Produced defective scaffolding, power tools, or safety equipment.
- Subcontractors: Created hazardous situations through negligent work practices.
Not sure which claims apply to your situation? Contact The Law Office of Burns Jain for a free case evaluation.
What Construction Accidents in Boston Lead to Compensation?
If someone is hurt or killed in a construction accident because of carelessness or safety violations, they can recover compensation. Construction sites must comply with specific safety standards to protect workers and the public.
When companies cut corners or ignore regulations, serious accidents occur. Our skilled Boston construction accident lawyers hold these parties accountable for their failures.
The Most Common Site Hazards We Handle
- Falls from scaffolding, ladders, roofs, or unprotected edges.
- Struck-by accidents involving falling objects, swinging loads, or moving equipment.
- Electrocutions from exposed wiring, overhead power lines, or faulty electrical systems.
- Caught-in accidents, including trench collapses and equipment entrapment.
- Crane accidents involving tip-overs, load drops, or mechanical failures with heavy machinery.
- Exposure to toxic substances like asbestos, lead paint, or chemical fumes.
What Injuries Do Construction Accidents Cause?
Construction accidents often result in catastrophic injuries that permanently change your life. These injuries typically require extensive medical treatment, multiple surgeries, and long-term rehabilitation. Many victims can never return to their previous work, creating significant financial hardship for families.
We work with leading medical experts to document how your injuries affect every aspect of your life. This includes not only your current medical needs but also your future care requirements and reduced earning capacity.
- Traumatic brain injury cases can cause memory loss, personality changes, and cognitive impairment.
- Spinal cord damage from construction accidents: May result in partial or complete paralysis affecting mobility and independence, similar to other brain and spinal cord injuries we handle.
- Severe burns: Often require skin grafts, lengthy hospital stays, and ongoing reconstructive surgery.
- Amputations: Lead to permanent disability, prosthetic needs, and significant lifestyle changes.
- Multiple fractures: Especially complex breaks that don’t heal properly, causing chronic pain and limited mobility.
- Internal organ damage: Can affect vital functions and require ongoing medical monitoring.
What Should You Do Immediately After a Construction Accident?
What you do in the first few hours and days after an accident is very important for your health and your legal rights. Even if you think your injuries are minor, get medical help right away. Some conditions, like brain injuries or internal bleeding, aren’t always obvious right away.
Tell your boss or site foreman about the accident right away, and write down when, where, and how it happened.
Get Medical Care and Report the Incident
Emergency medical care documents your injuries and their severity. Don’t let anyone talk you into “walking it off” or waiting to see a doctor. Tell your boss about the accident right away and include all the details, such as when it happened, what happened, and any equipment or conditions involved.
Preserve Evidence Before It Disappears
Construction sites change quickly, and important evidence can be lost in just a few hours. If you can, take pictures of the accident scene, your injuries, and any equipment that was involved.
Get the names and phone numbers of witnesses, like other workers, supervisors, or anyone else who saw what happened. Write down everything you can remember about the circumstances that led to your accident.
Avoid Insurance Company Tricks
Insurance adjusters will contact you quickly, often while you’re still in the hospital. They may seem friendly and helpful, but their job is to minimize their company’s financial liability.
Never give a recorded statement or sign any documents without speaking to an attorney first. Simply tell them you need to consult with your lawyer before discussing the accident.
Contact a Boston Construction Accident Lawyer Immediately
Contact The Law Office of Burns Jain before making any decisions about your case. We immediately send preservation notices to prevent the destruction of evidence and handle all communications with insurance companies.
This protects your rights while you focus on recovery and prevents you from accidentally saying something that could hurt your case later.
How Massachusetts Workers’ Compensation Works After a Site Injury
Workers’ compensation is a no-fault insurance system that provides specific benefits regardless of who caused your accident. It covers all reasonable medical expenses related to your injury and pays approximately 60% of your average weekly wages while you’re unable to work. However, it doesn’t compensate you for pain and suffering or your full lost income.
The process begins when you file Form 101 with the Department of Industrial Accidents (DIA). Your employer’s insurance company then has 14 days to either start paying benefits or formally deny your claim. If they deny coverage, you have the right to appeal through the DIA’s dispute resolution process.
| Benefit Type | Workers’ Comp | Third-Party Claim |
| Medical Bills | All reasonable expenses | All expenses |
| Lost Wages | 60% of average weekly pay | 100% of past and future losses |
| Pain & Suffering | Not covered | Full compensation |
| Future Disability | Limited benefits | Complete coverage |
Understanding both systems helps you make informed decisions about your case. Many clients benefit from pursuing both workers’ comp and third-party claims simultaneously.
Who Can Be Held Liable in a Boston Construction Accident?
Multiple parties often share responsibility for construction accidents. Modern construction projects involve numerous companies, subcontractors, and specialists, each with specific safety duties. When any of these parties fails in their obligations, they can be held legally responsible for resulting injuries.
We thoroughly investigate every accident to identify all potentially liable parties. This includes reviewing contracts, safety plans, inspection records, and training documentation. Our goal is to hold everyone accountable for their role in causing your injury.
- General contractors: Responsible for overall site safety, coordination between trades, and enforcing safety protocols.
- Subcontractors: Liable for their employees’ actions and maintaining safe work practices in their area.
- Property owners: Must ensure their premises are safe and address known hazardous conditions.
- Architects and engineers: Can be liable for design flaws that create unsafe working conditions.
- Equipment manufacturers: Responsible when defective tools, machinery, or safety equipment cause injuries.
- Utility companies: Liable for accidents involving unmarked underground lines or overhead power cables.
Boston’s dense urban environment creates unique challenges. Tight workspaces, pedestrian traffic, and aging infrastructure increase the complexity of determining liability. Our experience with local construction practices helps us identify responsible parties others might miss.
What Compensation Can You Recover After a Construction Accident?
The amount and type of compensation available depend on whether you have a workers’ compensation claim, a third-party lawsuit, or both. Workers’ comp provides specific, limited benefits designed to cover basic needs. Third-party claims allow you to seek full compensation for all losses caused by the accident.
Economic damages include all financial losses you’ve suffered or will suffer because of your injuries. This covers past and future medical expenses, lost wages from time off work, and reduced earning capacity if you can’t return to your previous job. We work with economists and vocational experts to accurately calculate these losses.
Non-economic damages compensate you for the personal impact of your injuries. This includes physical pain, emotional distress, loss of enjoyment of life, and the impact on your relationships with family members. These damages recognize that serious injuries affect more than just your bank account.
If a construction accident tragically results in death, surviving family members can pursue compensation through the wrongful death case process in Massachusetts courts. This includes lost financial support, loss of companionship, and funeral expenses. We handle these sensitive cases with the compassion families deserve during their most difficult time.
What Are the Deadlines for Construction Accident Claims in Massachusetts?
Time limits for filing construction accident claims are strict and unforgiving. Missing these deadlines permanently bars you from recovering compensation, regardless of how strong your case might be. Massachusetts law sets a three-year statute of limitations for most personal injury claims, starting from the date of your accident.
Workers’ compensation claims generally must be filed within four years of the injury or from the date you knew the injury was work-related. However, it’s always better to file sooner rather than later to avoid potential complications.
Government entity claims have much shorter deadlines. If your accident occurred during a city, state, or federal project, you may have as little as 30 days to provide written notice of your intent to file a claim. These cases require immediate action to preserve your rights.
Evidence preservation is equally time-sensitive. Surveillance footage gets deleted, witnesses’ memories fade, and construction sites change rapidly. The sooner we can begin investigating your case, the stronger the evidence we can gather to support your claim.
Don’t risk losing your right to compensation by waiting. Contact us immediately to ensure all deadlines are met and your case is properly protected.
How Our Boston Construction Accident Lawyers Build Strong Cases
We begin working on your case the moment you call us. Our first step is to send legal preservation notices to all potential defendants, requiring them to preserve evidence such as surveillance footage, daily safety logs, inspection records, and employee training documentation. This prevents crucial evidence from being destroyed or “lost.”
Our investigation goes far beyond what insurance companies typically do. We retain leading experts in construction safety, engineering, and accident reconstruction to analyze exactly what went wrong and why. These experts can identify safety violations, design flaws, or equipment defects that others might miss.
We prepare every case as if it will go to trial. This means gathering comprehensive evidence, taking detailed depositions from all relevant parties, and developing compelling presentations that clearly show how the accident happened and who’s responsible. Insurance companies know when we’re truly prepared to fight, which often leads to better settlement offers.
Our Boston personal injury attorneys have extensive experience in Suffolk Superior Court and before the Department of Industrial Accidents. We understand how these systems work and what judges and hearing officers look for in construction accident cases. This experience helps us present your case in the most effective way possible.
What If a Previous Lawyer Mishandled Your Construction Injury Case?
If another attorney missed the statute of limitations, failed to identify liable third parties, or pressured you into an inadequate settlement, you may have a legal malpractice claim. The Law Office of Burns Jain has unique experience in both construction accidents and legal malpractice, making us particularly qualified to handle these complex situations.
Legal malpractice in construction cases often involves attorneys who don’t understand the interplay between workers’ compensation and third-party claims. Some lawyers miss obvious defendants or fail to properly investigate the accident scene. Others lack the resources to take on large construction companies and their insurance carriers.
We understand the frustration and sense of betrayal you feel when a lawyer fails to protect your interests. These cases require proving both that your original lawyer was negligent and that you would have recovered more money with competent representation. Our experience in both areas gives us the insight needed to evaluate and pursue these claims effectively.
Why Choose The Law Office of Burns Jain
When you’re facing a serious injury and mounting bills, you need attorneys who will fight relentlessly for your rights. Attorney Neil Burns practices law in Boston, building a reputation based on trial experience and an unwavering commitment to his clients. Attorney Roshan Jain has extensive litigation experience and a meticulous approach to case preparation.
At our firm, you work directly with the partners who will handle your case. We don’t pass clients off to junior associates or paralegals. When you call, we answer. When you have questions, we explain things clearly. We believe communication is essential, especially after you’ve been injured and are dealing with medical treatment and financial stress.
We handle all construction accident cases on a contingency fee basis. This means you pay us nothing unless we recover compensation for you. We advance all case expenses, including expert witness fees and court costs, so you don’t have to worry about upfront expenses while you’re recovering from your injuries.
Our combination of experience, resources, and personal attention sets us apart from larger firms that treat clients like case numbers. We limit the number of cases we take so each client receives the attention their case deserves.
We will fight for your rights while you focus on getting better. Keep in mind that you don’t have to pay anything until we win your case. Take the first step toward the compensation you deserve by reaching out to our partners today.
Construction Accident Lawyer FAQs
Can I Sue My Employer After a Construction Accident in Massachusetts?
Generally, no, because workers’ compensation is your exclusive remedy against your employer under Massachusetts law. The only exceptions are if your employer failed to carrythe required workers’ comp insurance or intentionally caused your injury through serious and willful misconduct.
Do Undocumented Workers Get Workers’ Compensation Benefits?
Yes, your immigration status doesn’t affect your right to workers’ compensation benefits in Massachusetts. All employees are covered regardless of their legal status in the United States.
How Do Third-Party Lawsuits Work With Workers’ Compensation Benefits?
You can receive workers’ comp benefits while pursuing a third-party lawsuit, but the workers’ comp insurer has a lien on any recovery. We negotiate these liens to maximize the amount you keep from your settlement or verdict.
Should I Give a Recorded Statement to an Insurance Company?
Never give a recorded statement without consulting your attorney first. Insurance adjusters are trained to ask questions designed to minimize their company’s liability, and your answers can be used against you later.
What If My Employer Didn’t Have Workers’ Compensation Insurance?
If your employer was required to carry workers’ comp but failed to do so, you can file a direct lawsuit against them for your injuries. This removes the usual protection employers have from being sued by their workers.
How Long Will My Construction Accident Case Take?
Case timelines vary significantly based on the severity of injuries, the number of defendants, and the willingness to settle. Simple cases might resolve in several months, while complex cases involving catastrophic injuries can take two years or more.
Will an OSHA Investigation Help My Case?
Yes, OSHA investigations that find safety violations provide powerful evidence for your third-party claim. OSHA citations and fines demonstrate that safety standards were violated, supporting your negligence claims against the responsible parties.
What If My Previous Lawyer Missed the Statute of Limitations?
If your former attorney’s negligence caused you to lose your legal rights, you may have a valid legal malpractice claim. We can evaluate whether your previous lawyer’s conduct fell below professional standards and caused you financial harm.
Contact Our Construction Accident Law Firm in Boston, Massachusetts
Construction accidents can devastate your life in an instant, but you don’t have to face the aftermath alone. The Law Office of Burns Jain has spent decades fighting for injured workers throughout Massachusetts, and we’re ready to put that experience to work for you.
We offer free, private consultations to discuss your case and review your rights. You don’t have to pay anything up front, and you don’t have to hire us if we don’t get you money. We know that accidents don’t happen on a schedule, so our lawyers are available 24/7.
You’ve already been through a lot. The Law Office of Burns Jain will take care of the legal battle while you focus on getting better and getting your life back on track. Contact us right away to start your journey to justice and financial recovery.
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