Construction accidents can profoundly impact workers and their families, often resulting in significant hardships. In Massachusetts, the construction industry is a vital part of the state's economy, but it also poses significant risks to those involved. When accidents occur, victims may be entitled to compensation through settlements. This article provides an in-depth look at Massachusetts construction accident settlements, covering key aspects, statistics, and essential information for those affected.

Understanding Construction Accident Settlements

A construction accident settlement is a financial agreement reached between the injured party and the responsible party (or parties) to compensate for injuries, lost wages, medical expenses, and other damages. Settlements are typically reached through negotiation and can provide quicker resolution and financial relief than going to trial.

Key Elements of Construction Accident Settlements:

1. Medical Expenses: Covers the cost of current and future medical treatment related to the accident.
2. Lost Wages: Compensation for the earnings lost due to not being able to work.
3. Pain and Suffering: Monetary value assigned to physical pain and emotional distress.
4. Permanent Disability: Compensation for long-term or permanent impairments.
5. Punitive Damages: Additional compensation aimed at punishing the negligent party (less common in settlements).

Statistics on Construction Accidents in Massachusetts

Understanding the scope of construction accidents helps highlight the importance of adequate settlements. According to the U.S. Bureau of Labor Statistics (BLS), the construction industry consistently ranks among the top industries for workplace fatalities and injuries. In Massachusetts:

• Fatalities: In 2022, there were 20 fatal construction injuries in Massachusetts, reflecting the inherent dangers of the industry.
• Non-Fatal Injuries: The BLS reported approximately 3,200 non-fatal construction injuries in Massachusetts in 2022.
• Common Causes: Leading causes of injuries include falls, being struck by objects, electrocutions, and being caught-in/between incidents.

Legal Framework for Construction Accident Settlements in Massachusetts

Massachusetts has specific laws and regulations governing construction accident claims. Knowing and understanding these laws can significantly impact the outcome of a settlement.

Workers' Compensation

Massachusetts law mandates that employers carry workers' compensation insurance. This system was created to provide prompt and fair compensation to workers who were injured, without the need for litigation. However, workers' compensation may not cover all damages, particularly pain and suffering.

Third-Party Claims

In some cases, a third party (someone other than the employer) may be liable for a construction accident. Examples include equipment manufacturers or subcontractors. Victims can pursue third-party claims in addition to workers' compensation to seek full compensation for their losses.

Statute of Limitations

Massachusetts law sets a time limit for filing personal injury claims. Generally, injured workers have three years from the date of the accident to file a lawsuit. It is crucial to adhere to this deadline to avoid losing the right to compensation.

Steps to Take After a Construction Accident

Taking prompt and appropriate actions immediately following a construction accident can greatly influence the success of a settlement claim.

1. Seek Medical Attention: Prioritize health by getting immediate medical care. Document all treatments and medical advice.
2. Report the Accident: Notify the employer and document the incident. Ensure an official report is filed.
3. Gather Evidence: Collect evidence from the scene of the accident, including videos, photographs, witness statements, and any defective equipment.
4. Consult an Attorney: Engage a lawyer specializing in construction accidents to navigate the complex legal landscape and maximize the settlement potential.
5. File a Claim: Work with your attorney to file necessary claims, including workers' compensation and any third-party lawsuits.

How Settlements Are Calculated

The settlement amount in a construction accident case depends on many factors, including how severe the injury was, the impact on earning capacity, and the degree of negligence involved. Lawyers and insurance adjusters typically consider the following:

• Medical Records: Detailed documentation of injuries and treatment.
• Employment Records: Proof of lost wages and impact on future earning potential.
• Expert Testimony: Insights from medical, economic, and vocational experts.
• Negligence Evidence: Proof of the responsible party's negligence or liability.

The Role of an Attorney in Maximizing Settlements

Hiring an experienced construction accident lawyer is crucial for several reasons:

• Negotiation Skills: Attorneys are skilled negotiators who can advocate for the maximum possible settlement.
• Legal Expertise: Understanding of state laws, regulations, and legal precedents.
• Investigation Resources: Access to resources for thorough investigation and evidence gathering.
• Litigation Experience: Ability to take the case to court if a fair settlement cannot be reached.

Conclusion

Construction accidents can have life-altering consequences. Understanding the nuances of construction accident settlements in Massachusetts is essential for victims seeking compensation. By knowing the legal framework, taking appropriate post-accident steps, and working with a skilled attorney, injured workers can optimize their settlements and obtain the financial support necessary to recover and rebuild their lives.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.