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Construction Site Accident FAQs

What are Common Causes of Construction Site Accidents?

Common causes of construction site accidents include: falls, crane accidents, scaffolding accidents, equipment accidents, forklift accidents, exposure to dangerous chemicals, and lack of adequate safety gear.

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Are There Time Limits on Construction Site Accidents?

You have 4 years from the date of your accident to file a lawsuit.

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What are the Most Common Construction Site Injuries?

Some of the most common injuries include brain and head injuries, burns, spinal cord injuries, internal bleeding, and wrongful death.

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Who is Responsible for my Construction Site Accident?

Typically, construction site accidents are covered by Workers Compensation insurance and a worker is not able to sue their employer when they are injured while working. Workers Compensation insurance will cover your medical bills and lost wages. If you believe that you may have a case for a personal injury lawsuit, consider contacting a member of our legal team to discuss what you may be able to recover in addition to the benefits provided by Workers Compensation insurance.

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How Much Can I Recover in a Construction Site Accident Lawsuit?

The value of your case and total damages that you may receive will depend upon the details of your case. If Workers Compensation coverage is used to cover your bills, then your value is based upon your average weekly wages. If you have been disfigured or had an impairment, then a bulk one time payment may be calculated which depends upon the location of the injury.

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Can I Sue the Person or Company That Owns the Property Where I Was Injured?

It is possible to sue the person or company that owns the property where you were injured if you are able to prove that the owner had control over the premises where the injury occurred.

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Can I Sue my Employer Directly?

Employers are required to carry Workers Compensation policies in Massachusetts. Typically, this policy prevents employees from directly suing their employer. If you believe that your injury was the result of an intentional action by your employer, you may have a case for filing a lawsuit against the employer. These types of lawsuits are less common. If you believe that your employer acted in a way that intentionally caused you injury, contact a member of our team to discuss your case to evaluate your best options to ensure you receive the damages that you deserve.

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What Should I Do If my Accident Occurred Due to the Negligence of a Third Party?

If your accident was caused by a third party’s negligence, you may have cause to sue that party separately from your workers’ compensation claim. Negligent parties can include manufacturers of defective products or other workers on the site who are employed by a different company that is not covered under the workers’ policy that your employer uses.

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What Makes a Construction Site Dangerous?

Construction sites are dangerous for a variety of reasons. At construction sites, people are often working high above the ground, operating dangerous equipment, using sharp instruments among other things. These factors are why it is incredibly important for sites to follow strict safety protocols.

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What Can I Do If my Employer Did Not Carry Workers’ Compensation Insurance and I Was Injured at the Construction Site?

By law, employers are required to carry workers’ compensation insurance. Unfortunately, not every employer has a policy or adequate coverage for their entire workforce. In these instances, you may file a claim with the Workers’ Compensation Trust Fund, which will review your case and will file an action on behalf of the fund to collect reimbursement from your uninsured employer. The Department of Industrial Accidents will determine penalties against the employer for not carrying a sufficient Worker’s Compensation policy which can include: criminal sanctions and prison/fines, a “Stop Work Order,” among others.

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Will my Construction Site Accident Case Settle Out of Court?

Every construction accident case is different and will depend upon the severity of your injuries, damages that you are seeking, and other details of your case. Contact Atlman & Altman to discuss more about this process.

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How is Safety Regulated on Construction Sites?

The Department of Labor created OSHA to oversee standard safety regulations on construction sites. In addition to these regulations, Massachusetts has created additional requirements, which cover different types of construction projects including commercial and residential builds.

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What is OSHA?

OSHA stands for Occupational Safety and Health Administration which was created to ensure the safe working conditions by setting and enforcing standards via training, outreach, and education.

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Will an OSHA Inspection Take Place?

Following an accident, an OSHA representative may come to the worksite where the injury occurred to make a determination if the employer was in compliance or in violation of OSHA standards.

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Are There Certain Types of Construction Site Injuries That Won’t Qualify for Compensation?

Pain and suffering is not covered under Workers’ Compensation policies but can potentially be explored through a third party lawsuit.

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What Damages Can I Recover From a Construction Site Accident?

The most common damages for construction site accidents are pursued through workers’ compensation benefits. If another person’s negligence contributed to your injury, you may be entitled to recover person injury damages as well. A member of our team can help review your case and details of your accident to determine whether you may have a case to pursue both.

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If I Receive Workers’ Compensation Benefits, Can I Still File a Construction Site Accident Lawsuit?

Yes, it is possible to file a construction site accident lawsuit if you believe that another third party other than your employer was responsible for your injuries.

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What Can I Do If I Was Just Walking by a Construction Site When I Was Injured?

Pedestrians who are injured as a result of a construction site accident have the right to file civil action for damages related to your injuries.

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Who is Responsible for Making Sure the Construction Site is Safe?

In Massachusetts, the general contractor is responsible for overseeing the safety of the site. Other parties who could be named as responsible third-party members include subcontractors, project managers/owners, architects, etc.

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Will I be Contacted by an Insurance Company If I’ve Been Injured in a Construction Site Accident?

Yes, it is possible that you could be contacted and it’s important to be careful about how you respond to questions involving your case. Consider contacting an attorney at Altman & Altman - our team can review the details of your case in ensure that the correct policies are reviewed for you to collect the compensation that you deserve.

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