Is there a chance I can't receive compensation after a construction site injury?

The only circumstance in which you would be completely barred from compensation is if you were found to be 50% or more at fault. If you are less than 50% at fault, your recovery is reduced proportionally by your percentage of fault.

I was injured on the job by another company — can I sue them?

Yes. If a third party — a company or person other than your employer — caused your injury, you can pursue a personal injury lawsuit against that third party. This is common on construction sites where multiple companies such as excavation firms and electricians work simultaneously.

What compensation am I eligible for after a construction accident?

You may be eligible for compensation covering initial and ongoing medical expenses, pain and suffering, and loss of earning capacity — including lost fringe benefits such as pensions and health insurance if you are a union member. A lawyer ensures you pursue every avenue of financial recovery.

Construction Accident Attorney | Horrigan & Norman

Q: Why should I hire a construction accident attorney?

Construction accident cases are legally complex, often involving workers' compensation, third-party negligence, and Social Security Disability claims simultaneously. Attorney Mark Horrigan has more than 30 years of experience and can handle all three claims in one integrated case, giving you one attorney and one point of contact throughout the entire process.

Construction Accident Attorneys Serving Lynn, Boston, and Greater Massachusetts

Construction workers face hazards and dangerous conditions every day. Even the most safety-conscious employees are at risk for serious injuries — and some accidents are devastating or fatal. If you or a family member has been seriously hurt in a construction site accident, it can be overwhelming to know what to do next. Click here para Español!

You need an attorney with extensive knowledge of both Massachusetts workers’ compensation law and personal injury litigation. Fault may not matter for a workers’ comp claim, but if a third party’s negligence caused your injury, you could be entitled to significant additional compensation.

With more than 30 years of experience, attorney Mark S. Horrigan knows how to earn excellent results for injured construction workers and their families. His knowledge comes from representing workers and defending insurers — giving him a unique advantage in fighting for you. Attorney Horrigan has successfully earned numerous permanent and total disability judgments and handled approximately 100 cases to verdict.

What sets Mark Horrigan apart is his ability to handle all aspects of your case under one roof — workers’ compensation, Social Security Disability, and third-party negligence personal injury claims. You will have one lawyer, one point of contact, and the promise of direct access to a personal cell number throughout the entire process. We do not charge a fee until your case is settled.

How We Help After a Construction Site Accident

Thorough evaluation of your rights to compensation after falls, structural collapses, vehicle accidents, explosions, and other incidents
Detailed assessment of the full extent of your injuries and their impact on your ability to work
Compassionate guidance every step of the way during this traumatic and uncertain time
Careful consideration of third-party claims, workers’ compensation benefits, and Social Security Disability eligibility
An integrated approach — one attorney handling workers’ compensation, SSDI, and negligence claims simultaneously

Why Construction Accident Cases Are So Complex

Construction accident law encompasses a set of legal principles and regulations designed to protect workers and provide remedies in the event of an accident or injury on a construction site. These cases are particularly challenging for several reasons.

Workers’ Compensation

Workers’ compensation is a no-fault system that provides medical benefits and wage replacement to employees injured on the job. It is required for any employer with more than one full-time employee. However, workers’ compensation typically limits the total amount of compensation that can be recovered and generally prohibits injured workers from suing their own employer directly for negligence.

Third-Party Negligence

Construction sites commonly involve multiple companies working simultaneously — electricians, contractors, excavation firms, interior designers, and more. When a third party other than your employer — such as a contractor, subcontractor, equipment manufacturer, or property owner — is negligent and their negligence caused your injury, you may be able to pursue a personal injury lawsuit against that party in addition to your workers’ compensation claim.

Unlike workers’ compensation, a personal injury claim against a third party allows for the recovery of full damages, including pain and suffering, emotional distress, and loss of earning capacity. Establishing third-party negligence requires demonstrating that the third party owed a duty of care, breached that duty, and that the breach directly caused your injuries. Identifying multiple liable parties and preserving evidence — photographs, witness statements, inspection records, safety regulations, and construction plans — is critical and must be done quickly, as construction sites are dynamic environments where evidence can be lost.

Comparative Fault

If you are found to be 50% or more at fault for your own injury, you are barred from recovering damages in a lawsuit. If you are found to be less than 50% at fault, your recovery is reduced proportionally by your percentage of fault.

Example: If you are awarded $100,000 in damages but found to be 30% at fault, your final recovery would be $70,000 (plus any applicable prejudgment interest).

Standards of Care: OSHA and Massachusetts Law

Safety regulations under federal OSHA standards and Massachusetts Construction Site Safety Regulations (454 CMR 10.01 and thereafter) define the responsibilities of contractors, employers, and property owners. Violations of these standards can establish negligence and significantly strengthen your injury claim.

Loss of Earning Capacity and Union Benefits

Loss of earning capacity — past, present, and future — is often one of the largest elements of damages in construction accident cases, particularly where the client is permanently disabled from returning to construction work. Many injured construction workers are union members whose prevailing wages are regularly increased and accompanied by substantial fringe benefits such as pensions, health insurance plans, and disability pensions. The replacement cost of those fringe benefits is significant and factors into the overall calculation of damages.

Workers’ Compensation Lien

If you receive workers’ compensation benefits and later win damages in a lawsuit, the workers’ compensation insurer has the right to be reimbursed for two-thirds of what they paid, including both disability payments and medical expenses. Attorney Horrigan’s experience on both sides of these cases gives him a strategic advantage in managing this lien to maximize your overall recovery.

Potential Damages You May Recover

Pain and suffering
Loss of earning capacity (past, present, and future)
Medical expenses (current and future)
Lost fringe benefits, including pension and health insurance value
Emotional distress (in third-party claims)

Frequently Asked Questions: Construction Site Accidents

If you’ve been involved in a construction site accident in the Lynn or Boston, MA area, you likely have many questions. Below are the most common questions we receive from injured workers.

What types of injuries are common on construction sites?

Some of the most common construction site injuries include high falls, broken bones, electrocution, and fatalities. When you are injured on a construction site, the compensation you are entitled to depends entirely on the at-fault party and the circumstances of the accident.

I’ve been injured on a construction site — who can I sue?

The compensation you receive depends on the at-fault party. You may have claims against a third party such as a contractor, subcontractor, equipment manufacturer, or property owner — in addition to a workers’ compensation claim against your employer’s insurer. Does your employer have workers’ compensation insurance? Was a third party involved? These are exactly the questions Attorney Horrigan will walk you through in your initial consultation.

Is there a chance I can’t receive any compensation after a construction site injury?

The only circumstance in which you would be completely barred from receiving compensation in a lawsuit is if you were found to be 50% or more at fault. If you were less than 50% at fault — as determined by a court — your compensation is reduced pro rata by your percentage of fault. For example, if you are 30% at fault, your recovery is reduced by 30%.

What if my employer does not have workers’ compensation insurance?

All employers in Massachusetts are required to carry workers’ compensation insurance. If your employer does not have coverage, you can legally sue them directly for your injuries. If they do have workers’ compensation insurance, you cannot directly sue your employer, but you must file a workers’ compensation report immediately following your injury.

I was injured on the job, but it was another company’s fault — now what?

If you were injured by a person or company other than your own employer, you can pursue a lawsuit against that third party. This is a common situation on construction sites around the Lynn and Boston area, where multiple companies — excavation firms, electricians, general contractors, and others — often share the same job site. The presence of multiple parties creates room for third-party-involved injuries and opens additional avenues for compensation.

What compensation am I eligible for, and why should I hire a lawyer?

Hiring a lawyer ensures you identify and pursue every avenue of financial recovery. In addition to initial medical expenses, you may be entitled to compensation for ongoing medical costs, pain and suffering, emotional distress, and loss of earning capacity — including the substantial value of lost union fringe benefits. Attorney Horrigan will conduct a thorough investigation into your case, evaluate all costs associated with your injury, and walk you through every legal consideration. We don’t charge a fee until your case is settled.

What happens to my workers’ compensation benefits if I also win a lawsuit?

If you receive workers’ compensation benefits and later win damages in a personal injury lawsuit, the workers’ compensation insurer has the right to be reimbursed for two-thirds of the total payments they made — including both disability payments and medical bills. Attorney Horrigan’s experience handling both sides of these cases gives him the knowledge to strategically manage this lien on your behalf.

Why should I hire a construction accident attorney?

Construction accident cases are among the most legally complex personal injury matters, often involving workers’ compensation, third-party negligence, and Social Security Disability claims simultaneously. Navigating the relationships between multiple contractors, gathering and preserving evidence, determining liability, and managing the interaction between these three types of claims requires specialized expertise. Attorney Mark Horrigan has more than 30 years of in-depth litigation experience and can handle all three claims in one integrated case — meaning you deal with one attorney, not three, throughout the entire process.

Talk to an Experienced Construction Accident Attorney Today

If you’ve been seriously injured on a construction site, don’t wait to protect your rights. Construction accident claims are complex, and early legal action is often critical to securing the full compensation you deserve.

Call (781) 599-7477 or request a confidential consultation online today.