Our Boston Construction Accident Lawyers Hold Third-Party Entities Liable for Your Injury
Fighting for the rights of construction site injury victims
If you have been injured in a construction accident, you may be entitled to more compensation than you realize. In 1911, Massachusetts became the second state in the nation to enact workers’ compensation — an important protection for our state’s workforce. Although workers’ comp “pays for any reasonable and necessary medical treatment related to a job-related injury or illness, [and] pays compensation for lost wages after the first five calendar days of full or partial disability,” will it be enough to support you and your family?
Workers’ compensation law does not allow you to recover damages for pain and suffering from a construction accident, and many workers find that the funds they do receive fall far short of what they need to cover their expenses. However, if the negligence of a third party caused your accident, you may have an additional recourse. The attorneys at the Boston firm of Swartz & Lynch LLP can help by filing a personal injury claim on your behalf. Under personal injury, you can file a civil lawsuit against a third party: a contractor, subcontractor, equipment manufacturer or other party who owed you a duty of care but whose carelessness or reckless behavior caused you harm.
By pursuing all avenues of compensation, our lawyers can help you get full and fair compensation — not just what the insurance company decides you should get.
Understanding how a third-party claim can help you
If you’re employed at a construction site and have been injured in a construction accident, you can’t file a lawsuit against your employer or coworkers because you receive worker’s compensation. But you may file a claim against a third party. That third party could be the company that improperly assembled scaffolding that collapsed while you stood under it, the truck driver who backed into you, the manufacturer of a defective power tool that injured you, the manufacturer failed to install a proper guard or interlock, or the electrician who failed to complete lockout/tagout (LOTO) procedures on a piece of equipment that wasn’t properly secured.
You can file a third-party claim even if you are also filing for workers’ compensation benefits — and if you were injured in a manner similar to the examples we just cited, you should. As lawyers with nearly 75 years of combined experience helping injured workers recover damages, we build your case with an eye to understanding all the financial challenges you may face because somebody else was negligent. A successful third-party claim is built on solid evidence, testimony from eyewitnesses or others with knowledge of the event, and medical reports.
Liable parties may include:
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If your injury was caused by the negligence of a third party, do not delay in getting legal counsel
Depending on the circumstances surrounding your injury, you may have a very limited time to file a claim. There are many laws placing time limitations on your rights to seek a recovery. Some laws, such as the Statute of Repose, place a time limit that has nothing to do with when you were injured. Moreover, the longer you wait, the greater the chance that evidence is lost or destroyed, that memories of what happened may fade — and that you may simply run out of time. Contact us online or call us at 857-250-0664 to schedule a free initial consultation with a Swartz & Lynch AV-rated attorney. We can evaluate your case and discuss your options. All cases are taken on contingency, so there is no financial risk to you.