Construction work remains one of the more hazardous occupations in Massachusetts. Accidents on job sites can lead to serious injuries, time away from work, and lengthy recovery periods. When a construction worker is hurt, the impact often goes well beyond the initial emergency, causing medical bills to mount and creating uncertainty for workers and their families. Hire a construction accident lawyer in Fall River.
At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., the team understands how construction accidents affect injured workers and their loved ones. The Fall River office has represented injured construction workers for decades, and the firm handles injury cases on a contingency fee basis, meaning there are no attorney’s fees upfront and fees are only collected if there is a recovery.
Why Construction Accidents Often Need Legal Review
Construction accidents are often more complex than many other workplace incidents because several companies may be involved on the same site, and multiple insurance policies may apply. There can be overlapping safety responsibilities among general contractors, subcontractors, property owners, and equipment companies. Understanding your options usually requires examining both workers’ compensation and potential third-party claims.
In Massachusetts, most injured workers are covered by workers’ compensation, which provides medical benefits and partial wage replacement without requiring proof that the employer was at fault. However, workers’ compensation does not generally include damages for pain and suffering or fully compensate for long-term loss of earning capacity.
A separate third-party claim may be available if someone other than your employer contributed to the accident, such as a subcontractor, equipment manufacturer, property owner, or rental company. These claims can allow recovery for broader damages, including pain and suffering, disability, scarring, and reduced earning capacity. Construction cases also frequently involve safety standards issued by OSHA, and evidence of violations can be important when evaluating liability.
Types of Construction Accidents the Firm Can Review
Falls from Heights
Falls from heights are a leading cause of serious injuries and fatalities on construction sites. These may include accidents involving scaffolds, ladders, roofs, and elevated platforms. Many of these incidents involve questions about fall protection systems, guardrails, harnesses, safety lines, and training.
An investigation into a fall often examines whether proper equipment was provided and kept in good condition, whether workers were trained on fall protection procedures, and whether site conditions created unnecessary risks. Potential issues may also include defective fall protection equipment or unsafe work sequencing.
Trench and Excavation Incidents
Trench and excavation accidents can cause catastrophic injuries when walls collapse or workers become trapped. Safety measures such as sloping, shoring, shielding, and soil evaluation play a critical role in preventing these events.
Investigations may look at soil conditions, water accumulation, weather, heavy equipment activity near the trench, and whether protective systems and inspections were in place. Responsibility for trench safety can involve excavation contractors, general contractors, and other on-site entities.
Equipment and Machinery Accidents
Construction sites rely on cranes, forklifts, loaders, excavators, lifts, and power tools. Injuries may result from equipment tipping, struck-by incidents, caught-in or caught-between accidents, and malfunctioning tools.
These cases often require reviewing maintenance records, inspection logs, operator training records, and manufacturer instructions. In some situations, both human error and mechanical issues contribute, and claims may involve contractors, equipment owners, and manufacturers.
Electrical and Other Hazards
Electrical injuries can occur when workers contact live wires, improperly grounded equipment, or energized parts. Other hazards include falling objects, collapsing structures, and unsafe conditions in work zones.
Evaluation may focus on whether appropriate lockout/tagout steps were taken, whether circuits were properly de-energized, and whether adequate warnings or protective devices were used. Responsibility can involve electrical contractors, general contractors, and others involved in planning and supervising the work.
Compensation and Claims Available
Workers’ Compensation Benefits
Massachusetts workers’ compensation law generally provides benefits to employees injured in the course of employment, regardless of who was at fault. Typical benefits can include:
- Medical treatment for injury-related conditions
- Partial wage replacement for the time you cannot work
- Certain benefits for partial or total disability
- Vocational rehabilitation services in appropriate cases
- Benefits for surviving dependents in fatal accidents
You must report the injury to your employer as soon as reasonably possible so a workers’ compensation claim can be opened. There are specific procedures and deadlines for employers and insurers to follow once an injury is reported.
Third-Party Liability Claims
If someone other than your employer contributed to your injuries, you may also pursue a separate personal injury claim against that party. Common third parties in construction accident cases can include subcontractors, equipment manufacturers, suppliers, property owners, and equipment rental companies.
These claims are independent of workers’ compensation and may allow recovery for broader categories of damages, such as pain and suffering, full lost income, and reduced earning capacity. It is possible to receive workers’ compensation benefits and still pursue a third-party claim, subject to coordination and lien rules that apply when both systems are involved.
Wrongful Death and Catastrophic Injuries
When a construction accident results in a fatality, surviving family members may have wrongful death-related claims under Massachusetts law. These can involve damages for loss of financial support, loss of companionship and guidance, and certain expenses associated with the death.
Catastrophic injuries such as spinal cord damage, severe brain injuries, amputations, and serious burns can require ongoing medical care, assistive devices, home modifications, and changes in employment. In such cases, documenting long-term needs through medical experts, vocational specialists, and life-care planners can be an important part of the legal process.
How Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. Handles Construction Accident Cases
A construction accident case often begins with a prompt, detailed review of what happened, where it occurred, and which companies or individuals were involved. Key steps can include:
- Visiting and documenting the site as soon as practical, including photographs, measurements, and notes about conditions
- Collecting incident reports, safety records, contracts, and job-site documentation
- Obtaining and reviewing medical records to understand the full scope of injuries and treatment
- Identifying whether both a workers’ compensation claim and a third-party claim may exist
The firm may consult with safety professionals, engineers, medical experts, and vocational specialists as needed. If OSHA or another agency investigated the accident, their findings may be obtained and reviewed. These materials can be important when negotiating with insurers or presenting the case in court.
Why Choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd.
Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. focuses its practice on representing injured people, including construction workers hurt on the job. The firm’s decades of experience with personal injury cases mean it is familiar with industry practices, safety standards, and the medical aspects of serious injuries.
The Fall River office is located at 34 Borden Street, making it convenient for local workers and families who prefer to meet close to home. The firm’s attorneys have received various recognitions within the legal community, and the practice is known for concentrating on injury and accident matters.
Cases are handled on a contingency-fee basis, so clients do not pay attorney’s fees unless money is recovered through settlement or verdict. This structure aligns the firm’s interests with the client’s goal of securing fair compensation.
Frequently Asked Questions
How long do I have to file a construction accident claim in Massachusetts?
Most personal injury claims in Massachusetts must be filed within three years, but workers’ compensation claims have their own notice and filing requirements. It is important to report your injury to your employer promptly and speak with an attorney early so that all applicable deadlines can be identified and met.
Can I sue my employer for a construction accident?
In most cases, workers’ compensation is the primary remedy against your employer for job-related injuries, and separate lawsuits against the employer are limited. However, if a third party contributed to your injury, you may still bring a claim against that party while receiving workers’ compensation benefits, subject to certain coordination rules.
What damages can I recover?
Workers’ compensation may cover medical expenses and partial wage replacement. A third-party case may allow recovery for the full range of losses, including medical costs, complete lost income, reduced earning capacity, pain and suffering, disability, and scarring, depending on the evidence and the circumstances.
What should I do after a construction accident?
Seek medical attention right away and inform your supervisor or employer of the injury as soon as you can. If it is safe to do so, take photographs of the accident area and equipment, and obtain the names and contact information of any witnesses. Avoid giving detailed statements to insurers before getting legal advice, and consider contacting a construction accident lawyer in Fall River to discuss your rights.
Contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd.
If you or a loved one was injured in a construction accident in Fall River or anywhere in Massachusetts, Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. offers free consultations to review your situation. Call 508-491-1025 to discuss your options and learn more about potential workers’ compensation and third-party claims. The Fall River office is available to help you pursue compensation for your injuries and losses.