Construction work remains one of the most hazardous occupations in Massachusetts and across the United States. While workers' compensation is the primary route for injured employees to recover medical expenses and lost wages, it often doesn't account for the full scope of harm—especially when negligence is involved. That’s where third-party lawsuits come into play.

When a construction worker is hurt due to someone else's carelessness—like a subcontractor, property owner, or equipment manufacturer—they may be entitled to sue that party directly, in addition to filing a workers’ comp claim. Understanding how these third-party claims work in Massachusetts can help injured workers and their families pursue the compensation they truly deserve.

How Construction Accidents Happen on Massachusetts Job Sites

Massachusetts has thousands of active construction zones at any given time, ranging from small residential renovations to large-scale infrastructure projects. With so many moving parts—equipment operators, general contractors, engineers, vendors, and property owners—there’s ample opportunity for things to go wrong.

Common causes of injury include:

• Falls from ladders, scaffolds, or rooftops
• Being struck by falling tools or debris
• Electrical shocks or arc flash injuries
• Heavy machinery malfunctions
• Trench collapses or structural failures

According to the U.S. Bureau of Labor Statistics, construction accounted for over 20% of all workplace fatalities in 2022. In Massachusetts alone, falls were the leading cause of death on construction sites. While workers’ comp may cover medical bills and partial wage replacement, it doesn’t allow workers to sue their employers for negligence. That’s where third-party liability becomes a powerful legal tool.

What Is a Third-Party Lawsuit?

A third-party lawsuit is a legal claim filed against an entity other than the injured worker's direct employer. It arises when someone not employed by the same company contributed to or caused the accident through their negligence, defective product, or unsafe practices.

In construction settings, potential third parties include:

• Subcontractors or other trades on site
• Equipment rental companies
• General contractors
• Engineers or architects
• Property owners or developers
• Tool or machinery manufacturers

For example, if a scaffolding company installed faulty support beams that collapsed and injured a painter, that company could be sued for negligence. Or if a crane operator employed by a subcontractor dropped heavy materials due to poor training or carelessness, a claim could be filed against the subcontractor.

How Third-Party Claims Differ from Workers' Compensation

While workers’ comp is a no-fault system—meaning employees don’t have to prove negligence to receive benefits—it also limits what they can recover. There's no compensation for pain and suffering, loss of enjoyment of life, or punitive damages.

A third-party lawsuit, on the other hand, can result in broader forms of recovery, including:

• Full lost wages and loss of future earnings
• Pain and emotional distress
• Loss of consortium for a spouse or partner
• Medical expenses not covered by workers’ comp
• Punitive damages in cases of extreme negligence

In many cases, pursuing both a workers’ comp claim and a third-party lawsuit simultaneously is allowed under Massachusetts law. However, the workers’ comp insurer may be entitled to a portion of the third-party recovery to recoup what it paid in benefits—a legal mechanism known as a “lien” or “subrogation.”

When Can You File a Third-Party Lawsuit in Massachusetts?

Massachusetts law generally allows injured workers to file third-party personal injury claims within three years from the date of the accident. That’s the statute of limitations for personal injury in the state, but early action is always recommended to preserve evidence and witness testimony.

To succeed in a third-party claim, the injured worker must prove:

• The third party had a duty of care (e.g., a responsibility to maintain safe conditions)
• That duty was breached (e.g., safety rules were ignored or corners were cut)
• The breach directly caused the injury
• Actual damages resulted (e.g., physical injuries, financial losses)

These cases often require detailed investigation, expert witnesses, and a strategic legal approach—especially when multiple contractors or large companies are involved.

Examples of Real-World Third-Party Claims

To better understand how these cases work, consider these scenarios commonly seen on Massachusetts construction sites:

• Electrical subcontractor fails to shut off a power line during renovations. A drywall installer gets shocked while drilling. The electrician’s company may be liable for failing to secure the site properly.
• A crane rented from an outside vendor malfunctions due to improper maintenance. A worker is injured by falling materials. The equipment provider could be sued for negligence.
• A property owner knowingly allows work to proceed on an unsafe structure. A portion of the building collapses, injuring multiple tradespeople. The owner could be held liable for failing to warn workers or provide a safe environment.

These examples highlight how liability can extend well beyond the injured worker’s direct employer.

How an Attorney Can Strengthen Your Claim

Third-party claims in construction accidents require a different approach than workers’ comp cases. They often involve gathering technical evidence, interviewing witnesses across different companies, and building a compelling argument for negligence.

An experienced personal injury attorney will:

• Identify all potential sources of liability
• Coordinate with medical experts to document injuries and long-term effects
• Navigate the complexities of liens and insurer reimbursement
• Handle negotiations or litigation to secure fair compensation

Without legal representation, injured workers may leave substantial money on the table—especially if they rely solely on workers’ comp.

Conclusion

Construction workers in Massachusetts face daily risks, and when accidents happen, workers' compensation is rarely the full answer. Third-party lawsuits offer a path to more complete recovery, especially when negligence by someone outside your employer caused or worsened the injury. Whether it's a subcontractor's mistake, faulty equipment, or unsafe property conditions, injured workers have the right to seek full accountability.

Injured? The Office of Brandon J. Broderick, Construction Accident Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go 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.