The construction industry is one of the most hazardous sectors in the United States, with workers facing many risks daily. In Massachusetts, construction workers are at the forefront of numerous projects, from residential buildings to massive infrastructure undertakings. This article dives into the intricacies of Massachusetts workers' compensation for construction workers, offering insights, statistics, and essential information for both employees and employers.

Understanding Workers' Compensation in Massachusetts

Workers' compensation is an insurance program that provides wage replacement and medical benefits to employees injured while carrying out their job responsibilities. In Massachusetts, the Workers' Compensation Act mandates that all companies provide their employees with workers' compensation insurance, including construction workers. This legislation ensures that workers get the medical treatment needed and financial support they deserve during their recovery period.

Key Benefits of Workers' Compensation

1. Medical Benefits: Covers all necessary medical costs related to the injury, including hospital stays, surgeries, and rehabilitation.
2. Temporary Total Disability (TTD): Provides wage replacement benefits if the worker is unable to return to work for a period due to the injury.
3. Permanent Partial Disability (PPD): Compensation for workers who suffer permanent impairments but can still work in some capacity.
4. Permanent Total Disability (PTD): Benefits for workers who are permanently unable to return to any form of gainful employment.
5. Death Benefits: Financial support for the dependents of the worker who died as a result of a work-related injury.

Common Injuries in the Construction Industry

Construction workers in Massachusetts face a higher risk of injuries compared to other professions. Some of the most common injuries include:

• Falls: The leading cause of fatalities and injuries in the construction industry, often resulting from inadequate fall protection.
• Struck-by Incidents: Injuries from falling objects or heavy machinery.
• Electrocutions: Resulting from contact with live electrical wires or faulty equipment.
• Caught-in/between: Incidents where workers are caught in or compressed by equipment or objects.

According to the Occupational Safety and Health Administration (OSHA), falls alone account for over 33% of all construction worker fatalities. This alarming statistic underscores the importance of stringent safety measures and proper training.

Filing a Workers' Compensation Claim

When a construction worker in Massachusetts sustains an injury on the job, filing a workers' compensation claim involves several essential steps:

1. Report the Injury: Notify the employer immediately, as delays can complicate the claim process.
2. Seek Medical Attention: Get medical treatment and keep records of all medical visits.
3. Complete the Employee Claim Form: Fill out the official claim form (Form 110) and submit it to the Department of Industrial Accidents (DIA).
4. Employer's Responsibilities: The employer must file the Employer's First Report of Injury or Fatality (Form 101) with the DIA and their insurance company.
5. Follow-Up: Maintain communication with both the employer and the insurance company to ensure the claim is processed smoothly.

Legal Representation for Workers' Compensation Claims

Navigating the workers' compensation system is challenging and can be overwhelming. Engaging a knowledgeable workers' compensation attorney can significantly benefit construction workers by:

• Ensuring Proper Filing: Attorneys help ensure all paperwork is correctly filled out and processed on time.
• Negotiating Settlements: Legal experts can negotiate fair settlements, ensuring workers receive the maximum benefits they are entitled to.
• Appealing Denied Claims: An attorney can help the worker navigate the appeals procedure if your claim is rejected.

Choosing the Right Attorney

When selecting a workers' compensation attorney, consider the following:

• Experience: Hire an attorney with a proven track record in handling construction workers' compensation cases.
• Reputation: Research reviews and testimonials from former clients.
• Consultation: Most attorneys offer free consultations to talk about the case and evaluate its merits.

Statistics and Facts

• According to the Bureau of Labor Statistics (BLS), the construction industry accounted for 21% of all work-related fatalities in 2020.
• In Massachusetts, construction workers filed over 5,000 workers' compensation claims in 2022.
• The average workers' compensation claim for a construction worker in Massachusetts is approximately $35,000.

Conclusion

Massachusetts workers' compensation laws play a crucial role in protecting construction workers who face daily occupational hazards. Understanding the benefits, common injuries, and the claims process is essential for both workers and employers. By following proper procedures and seeking legal assistance when necessary, injured construction workers can ensure they receive the support and compensation they deserve.

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.