Construction Accidents & Negligent Operation

How do I determine the outcome of my construction accident case in the Lynn and Boston, MA area? The team at Horrigan & Norman can help! Mark Horrigan is an experienced construction accident attorney that can help you settle your construction accident lawsuit. The best part? We do not charge a fee until your case is settled. Click here para Español!

Construction accidents are tricky due to the severity of most cases. Most cases have physical and financial repercussions because of costly hospital bills and being put out of work. In order to win your lawsuit, there are a few case considerations in proving who was at fault or who acted negligently.

Loss of earning capacity, past, present and future earning capacity, is often a large element of damages in construction accident cases particularly where the client is permanently disabled from returning to construction work. This is because many injured construction workers are union members. Such unions create prevailing wages for their members that are regularly increased and are accompanied by a wide range of fringe benefits such a pensions, health insurance plans and disability pensions. The replacement cost of such fringe benefits is very substantial and figures into the overall calculation of the loss of earning capacity.

Third Party Involvement

Was a Third Party, other than the Client’s employer, negligent and was that third party’s negligence the legal cause of the injury?

If not, then the client is limited to workers’ compensation benefits. With some very rare and very limited exceptions, the vast majority of circumstances dictate that the client cannot file a lawsuit against their employer.

At Fault Parties

If so, the client will be barred from recovery in a lawsuit due to his or her own negligence. If less than 50% at fault, the recovery for a client’s damages is reduced pro rata by his or her own negligence.

For example: A client has 100k in damages and is 50% at fault. Therefore, his or her recovery is limited to 50K plus whatever prejudgment interest is tacked on to the judgment.

Is the Standard of Care in terms of determining negligence favorably defined by any applicable federal (OSHA) or Massachusetts Construction Site Safety Regulation (454 CMR 10.01 and thereafter, etc.)?

Is Workers’ Compensation Applicable?

General Rule – workers’ compensation insurer must be reimbursed for two-thirds of the workers’ compensation lien which consists of the total payments it made of both disability payments to the client and the amount it paid to medical providers for medical bills.

Contact Mark Horrigan

By contacting Mark Horrigan at our Lynn and Boston area office, not only do you guarantee a lawyer with 39 years of in-depth litigation experience, but you can also guarantee that you’re hiring an attorney that can competently handle an integrated case that could represent three claims: workers’ compensation, social security disability and the third-party negligence personal injury lawsuit. Such a claimant will only have to deal with one lawyer throughout these multiple processes with the promise that any such a claimant will have the highest priority and access to a personal cell number throughout these ordeals. Read our FAQs to learn more!