If you’ve suffered a construction accident in Seekonk, Massachusetts, you face significant challenges. Beyond physical pain and emotional trauma, you’re dealing with medical bills, lost wages, and uncertainty about your future. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. understands what you’re going through. For over 50 years, we’ve helped construction workers and their families pursue compensation after workplace injuries.
Construction accidents happen in seconds. Their consequences can last a lifetime. Whether you fell from scaffolding, were struck by equipment, or suffered a trench collapse, you may have legal rights. Our team has recovered millions of dollars for injured clients throughout Massachusetts, Rhode Island, Connecticut, New York, Florida, and Washington, D.C. We work on a contingency fee basis. You pay nothing unless our Seekonk personal injury lawyers recover compensation in your case.
Understanding Construction Accidents In Seekonk
Construction accidents encompass a wide range of workplace injuries. These incidents can occur on job sites because of equipment failures, inadequate safety measures, falls, electrocution, or negligent supervision. Seekonk experiences ongoing construction activity with residential and commercial development projects. This activity creates both employment opportunities and significant safety risks for workers.
Common types of construction accidents include:
- Falls from Heights: Falls cause many serious construction injuries and deaths. Workers fall from scaffolding, ladders, roofs, and elevated platforms when proper fall protection isn’t provided or maintained. According to the Occupational Safety and Health Administration (OSHA), fall protection is one of the most critical safety requirements on construction sites. The OSHA Fall Protection Standard (29 CFR 1926.500) establishes mandatory requirements for fall protection systems.
- Trench and Excavation Accidents: Trench collapses occur when proper shoring, sloping, or protective systems aren’t in place. These accidents often result in crushing injuries or fatalities. OSHA regulations require specific protective measures for trenches exceeding five feet in depth. Inadequate trench protection is a leading cause of construction fatalities.
- Equipment and Machinery Injuries: Heavy equipment operators and nearby workers face risks from moving parts, rollovers, and struck-by incidents. Inadequate training or maintenance increases these dangers. These injuries often result in spinal cord injuries or head and brain injuries.
- Struck-By Accidents: Workers struck by falling objects, vehicles, or equipment suffer serious injuries when proper warning systems and barriers aren’t implemented. Struck-by incidents account for a significant percentage of construction fatalities annually.
- Electrocution and Burn Injuries: Electrical hazards on construction sites can cause electrocution, arc flash injuries, and burns when workers contact live wires or equipment without proper protection. The National Institute for Occupational Safety and Health (NIOSH) provides guidance on electrical safety in construction.
- Repetitive Stress Injuries: Overuse injuries may develop over time from repetitive motions, heavy lifting, and poor ergonomics. These injuries can develop gradually and may not be immediately apparent.
Massachusetts construction workers face particular risks due to aging infrastructure, development in densely populated areas, and challenging weather conditions. Seekonk’s location in southeastern Massachusetts places it within the Providence and Boston metropolitan construction markets. Large-scale projects in these areas can create complex safety challenges.
Your Rights After A Construction Accident In Seekonk
When a construction accident occurs, injured workers may have several potential avenues for compensation. Understanding these options can help you make informed decisions about your situation.
Workers’ Compensation Benefits
Massachusetts requires most employers to carry workers’ compensation insurance, including many construction employers. This system generally provides benefits regardless of fault. Benefits can include:
- Medical treatment and rehabilitation
- Temporary disability benefits (typically a percentage of your average weekly wage under Massachusetts law)
- Permanent disability benefits for lasting injuries
- Death benefits for families of workers killed on the job
Workers’ compensation can offer a faster resolution than litigation. However, benefits are often limited. In most cases, you cannot sue your employer for negligence if workers’ compensation applies. This is why third-party liability claims can become important.
Third-Party Liability Claims
When someone other than your employer may have caused or contributed to your injury, you may be able to file a personal injury lawsuit against that third party. Common third-party defendants in construction accidents can include:
- Equipment manufacturers (if the equipment was defective)
- Contractors or subcontractors (if their negligence contributed to your injury)
- Property owners (if they failed to maintain reasonably safe conditions)
- Equipment rental companies (if they provided faulty equipment)
- Architects or engineers (if design defects contributed to the accident)
Third-party claims can allow you to seek damages beyond workers’ compensation limits, where the facts and law support such recovery. You may pursue compensation for pain and suffering and emotional distress, and in rare cases, punitive damages may be available where allowed by law and supported by evidence of egregious conduct.
Statute of Limitations in Massachusetts
Time limits apply to construction accident claims. For workers’ compensation, you should generally report your injury to your employer as soon as practicable, and there are statutory deadlines for filing a claim (often within four years of becoming aware of the connection between your injury and your work, under Massachusetts law). For third-party personal injury claims, you typically have three years from the date of injury to file a lawsuit in Massachusetts. Missing these deadlines can eliminate your right to pursue compensation.
Difference Between Workers’ Compensation and Personal Injury Claims
Workers’ compensation can provide quicker benefits, but limits the types of damages you may receive. Personal injury claims may take longer, but can offer higher compensation potential if liability is established and damages are proven. Many construction accident victims pursue both avenues at the same time, accepting workers’ compensation benefits while pursuing third-party claims for additional damages where appropriate.
How Construction Accident Claims Work
The process of pursuing a construction accident claim involves several stages. Understanding each step can help you know what to expect.
Initial Investigation and Evidence Gathering
Immediately after your accident, preserving evidence can be critical. Our team may investigate by:
- Obtaining accident scene photographs and video
- Collecting witness statements while memories are fresh
- Reviewing OSHA incident reports and safety inspection records
- Analyzing equipment maintenance logs and inspection records
- Examining safety protocols and training documentation
- Consulting with safety experts to help identify potential violations
The first few days after an accident are important. Evidence can disappear, witnesses may move on, and memories can fade. We work to act quickly to preserve information that may support your claim. This is why contacting a construction accident attorney immediately is critical.
Determining Liability and Negligence
Establishing liability requires proving that someone owed you a duty of care, that they breached that duty, and that the breach caused your injury. In construction accidents, we may examine:
- Whether proper safety equipment was provided and maintained
- If workers received adequate safety training
- Whether OSHA standards were followed
- If the equipment was properly maintained and inspected
- Whether adequate supervision was provided
- If hazards were properly identified and communicated
Massachusetts follows a modified comparative negligence standard. Even if you were partially at fault, you may still recover damages so long as you were not more than 50% responsible for the accident, and your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, your recovery could be reduced to $80,000.
Calculating Damages
Construction accident damages can include:
- Medical Expenses: Past and future medical treatment, surgery, rehabilitation, and therapy
- Lost Wages: Income lost during recovery and reduced earning capacity if you cannot return to your previous work
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life, where available
- Permanent Disability: Additional damages if your injury causes lasting impairment
- Loss of Consortium: Damages for the impact on certain family relationships, where permitted by law
We work with medical professionals and economists when appropriate to help calculate the full value of your damages, based on the evidence. This approach is intended to help ensure that key categories of loss are not overlooked.
Settlement vs. Trial Process
Many construction accident cases are resolved through settlement before trial. Settlement can offer faster resolution, more certainty, and privacy. However, if the insurance company refuses to offer fair compensation, we prepare your case for trial when that is in our best interests. The firm’s attorneys have significant trial experience and are prepared to bring cases to court when necessary.
Why Choose [Firm-Name] For Your Construction Accident Case
When you choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., you work with a team that has decades of experience handling personal injury and construction-related accident claims. The firm has a long history of obtaining substantial recoveries in injury cases.
50+ Years of Experience
Ronald J. Resmini founded this firm over 50 years ago, and he continues to lead the team. He has been selected to the Super Lawyers list and is a member of the Million Dollar Advocates Forum. In 2010, he received the Massachusetts Senior Attorney of the Year award (Excellence in the Law) from Massachusetts Lawyers Weekly and the Massachusetts Bar Association. In 2021, he received a Hall of Fame Award for Excellence in the Law. Our partners, Jason, Adam, and Andrew, have been recognized as Super Lawyers Rising Stars in Rhode Island and Massachusetts. They bring both experience and fresh perspectives to every case.
Track Record of Settlements and Verdicts
Our firm has recovered millions of dollars for injured clients over more than five decades. In construction and serious accident cases, our results include seven-figure and multi-million-dollar settlements and verdicts in a variety of personal injury matters. The following are examples of significant case results:
- $5 million workers’ compensation settlement
- $4.25 million pedestrian truck accident settlement
- $3.8 million motor vehicle crash settlement
- $2.5 million medical negligence settlement
These results are based on past cases, and outcomes vary depending on the specific facts and law in each matter. They reflect our commitment to pursuing the maximum compensation the law allows for our clients.
Contingency Fee Basis
You pay nothing up front. We advance appropriate case costs and expenses. You only pay our attorney fees if we obtain a recovery through a settlement or verdict in your case. This arrangement aligns our interests with yours so that we are focused on achieving a successful result for you.
Local Seekonk Presence with Multi-State Reach
Our Seekonk office is located at 41 Mink Street, Seekonk, MA 02771. We maintain office locations in Rhode Island and Massachusetts, including Providence, Warwick, Newport, and Fall River. We also represent clients throughout Connecticut, New York, Florida, and Washington, D.C., where permitted by law. This local presence, combined with regional reach, means we understand the Seekonk and regional construction markets, and we have the resources to handle complex, multi-state cases.
Access to Medical and Safety Professionals
We work with experienced medical professionals, safety engineers, economists, and vocational rehabilitation specialists when appropriate. These professionals can help strengthen your case by providing credible testimony about your injuries, the cause of the accident, and the full extent of your damages.
Common Construction Accident Scenarios In Seekonk
Different construction accidents can present unique legal and factual issues. Understanding how we approach specific scenarios may help you recognize your options.
Falls from Heights
Falls from scaffolding, ladders, roofs, and elevated platforms cause serious injuries and deaths on construction sites. OSHA requires fall protection systems when workers are exposed to falls of six feet or more in many construction settings. Violations of these standards can be powerful evidence of negligence. We investigate whether:
- Proper fall arrest systems were provided
- Guardrails met OSHA specifications
- Workers received fall protection training
- Equipment was properly maintained
- Supervision addressed compliance with safety rules
Falls often result in catastrophic injuries requiring long-term care and rehabilitation.
Trench and Excavation Accidents
Trench collapses can lead to crushing injuries and fatalities. OSHA requires protective systems when trenches exceed five feet in depth in many circumstances. We examine whether:
- Proper shoring, sloping, or shields were installed
- Competent persons inspected trenches daily
- Atmospheric testing was performed where necessary
- Safe entry and exit procedures were followed
- Equipment was properly positioned away from the trench
These accidents frequently result in wrongful death claims when proper safety measures are not implemented.
Equipment and Machinery Injuries
Heavy equipment operators and nearby workers face serious risks. We investigate whether:
- Equipment was properly maintained and inspected
- Operators received adequate training and any required certification
- Safety guards and emergency stops functioned properly
- Spotters were provided when visibility was limited
- Equipment was appropriate for the specific task and conditions
Equipment failures can lead to burn injuries and other serious trauma.
Struck-By Accidents
Workers struck by falling objects, vehicles, or equipment often suffer significant injuries. We examine whether:
- Proper barriers and warning systems were in place
- Hard hats and protective equipment were provided and used
- Adequate supervision addressed hazardous conditions
- Equipment operators maintained safe speeds and distances
- Proper communication systems were used on-site
Struck-by incidents can cause head and brain injuries with lasting consequences.
Electrocution and Burn Injuries
Electrical hazards can cause serious injuries and deaths. We investigate whether:
- Proper grounding and bonding systems were installed
- Ground fault circuit interrupters (GFCIs) were used where required
- Workers received electrical safety training
- Equipment was properly maintained and inspected
- Adequate clearance from power lines was maintained
Electrical accidents often result in severe burn injuries requiring specialized medical treatment.
Frequently Asked Questions About Construction Accidents
How Long Do I Have to File a Claim?
For workers’ compensation, you should report your injury to your employer as soon as possible, and generally within 30 days, and you must file a claim within the time limits set by Massachusetts law (often within four years of becoming aware that your injury is work-related). For third-party personal injury claims, you usually have three years from the date of injury to file a lawsuit in Massachusetts. Because these deadlines can be complicated, it is important to contact us promptly to protect your rights.
What If I Was Partially at Fault?
Massachusetts follows comparative negligence rules. Even if you were partially at fault, you may still recover damages as long as your share of fault does not exceed 50%, but your recovery will be reduced by your percentage of fault. For example, if you were 25% at fault, you could recover 75% of your proven damages. We thoroughly investigate to develop the evidence and work to minimize any comparative-fault finding.
How Much Is My Case Worth?
Case value depends on factors such as injury severity, medical expenses, lost wages, age, occupation, and earning capacity, as well as liability issues. We evaluate each case individually based on its specific facts and evidence. During your free consultation, we discuss your circumstances and can provide a preliminary assessment of your case’s potential value.
Do I Need an Attorney?
You can file a workers’ compensation claim without an attorney. However, having legal representation can help you pursue the full benefits you may be entitled to receive. Insurance companies have teams of adjusters and lawyers working to minimize payouts, and having a lawyer helps level the playing field. For third-party claims, an attorney is often essential, as these cases can involve complex liability issues and substantial damages.
What Happens If My Employer Retaliates?
Massachusetts law prohibits employers from retaliating against employees for filing workers’ compensation claims or reporting safety violations. If your employer retaliates, through termination, reduced hours, or other adverse actions, you may have legal recourse. We can evaluate potential retaliation claims and, when appropriate, pursue them alongside your injury claim.
Contact [Firm-Name] Today For A Free Consultation About Your Construction Accident Claim
If you’ve suffered a construction accident in Seekonk or anywhere in our service area, you do not have to face this challenge on your own. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. is ready to advocate for your rights and pursue the compensation you are entitled to under the law.
Contact us today for a free, confidential consultation. Our firm will review your case, explain your options, and answer your questions. Remember, you pay no attorney fees unless we obtain a recovery for you.
41 Mink Street
Seekonk, MA 02771
Phone: 401.444.4444
We also serve clients from our offices in Providence, Warwick, Newport, Rhode Island, and Fall River, Massachusetts; and throughout Connecticut, New York, Florida, and Washington, D.C., in accordance with applicable licensing rules.
Don’t let the statute of limitations expire. Call us today or complete our online contact form to schedule your free consultation.
