Construction Accident Attorney near Boston
Construction sites are inherently hazardous environments, and unfortunately, accidents and injuries are not uncommon. When a construction worker is injured on the job, they may be entitled to compensation under construction accident law. However, pursuing a construction accident case can be challenging, particularly when third-party negligence and workers’ compensation and SSDI are involved.
What Makes a Construction Accident Case So Difficult?
Construction accident law encompasses a set of legal principles and regulations designed to protect workers and provide them with remedies in the event of an accident or injury on a construction site.
One of the major challenges in construction accident cases is establishing liability. In many instances, workers’ compensation serves as the primary avenue for seeking compensation for work-related injuries. Workers’ compensation is a no-fault system that provides medical benefits and wage replacement to employees injured on the job and is required by companies if they pay more than 1 full-time employee. However, workers’ compensation typically limits the amount of compensation that can be recovered, and it generally prohibits workers from suing their employers for negligence.
Third Party Negligence
The involvement of third parties introduces complexity to construction accident cases all around Boston. Third parties refer to individuals or entities other than the employer, such as contractors, subcontractors, equipment manufacturers, property owners, or architects. When a third party’s negligence contributes to a construction accident, it may be possible to pursue a personal injury claim against that party. Unlike workers’ compensation, personal injury claims allow for the recovery of full damages, including pain and suffering, emotional distress, and loss of earning capacity. It’s common for third parties to be involved due to the inherent nature of a construction site. In many cases, there are multiple workers from multiple companies on the job to satisfy it’s completion; this can include electricians, contractors, interior designers and more.
Establishing third-party negligence can be challenging in construction accident cases. It requires demonstrating that the third party owed a duty of care to the injured worker, that they breached that duty through negligent actions or omissions, and that the breach directly caused the worker’s injuries. Proving causation and identifying multiple liable parties can be complex, especially in situations where several contractors or subcontractors are involved in a construction project.
Another factor that can make construction accident cases difficult is the need to gather and present evidence effectively. Construction sites are dynamic environments, and evidence can be easily lost or destroyed. Preserving and documenting evidence, such as photographs, witness statements, inspection records, safety regulations, and construction plans, is crucial for building a strong case.
Contact Mark Horrigan of Horrigan & Norman Law near Boston, MA
Construction accident cases involve a specialized area of law that aims to protect injured workers and compensate them for their injuries. However, these cases can be challenging due to the involvement of workers’ compensation and the complexities of establishing third-party negligence, as well as the possibility of requiring a social security and disability claim if you’re no longer able to work. You can read more about our most frequent questions here! The need to navigate the intricacies of construction site relationships, gather sufficient evidence, and determine liability can make construction accident cases legally complex. Seeking the guidance of an experienced attorney specializing in construction accident law can significantly increase the chances of obtaining fair compensation for injured workers. If you’re looking for an experienced attorney who can handle ALL aspects of your case, including workers’ compensation, SSDI and negligence, you’ve found the right attorney in Mark Horrigan. Get in touch with our personal injury and immigration law firm near Boston today.