Construction workers face hazards and dangerous conditions every day. Even the most safety-conscious employees are at risk for serious injury, and some accidents on construction sites are devastating or fatal. If you or a family member has been seriously hurt, it can be difficult to know what to do and where to turn for help.
You need a lawyer with extensive knowledge of both Massachusetts workers’ compensation law and personal injury litigation. Fault for the accident may not be an issue with your workers’ comp claim, but it is critical for your attorney to evaluate whether someone other than your employer should be held financially liable for negligence.
How can we help you?
Experienced, Full-Service Representation: Workers’ Comp And All Types Of Injury Claims
With more than 30 years of relevant experience, attorney Mark S. Horrigan knows how to earn excellent results for Massachusetts construction accident victims and their families. His knowledge comes not only from representing injured workers, but also from several years on the insurance defense side of this equation.
Attorney Horrigan has an in-depth understanding of the protections and benefits available to Massachusetts workers, including standards of care that contractors and property owners must follow. He has won multiple permanent and total disability judgments for clients before the Department of Industrial Accidents (DIA) and taken approximately 100 cases to verdict. He knows when to file third-party claims and how to obtain Social Security Disability benefits as well.
You can turn to our firm for:
- Thorough evaluation of your rights to compensation after any construction site accident, such as a fall from heights, an on-the-job vehicle accident, a structural collapse or an explosion
- Diligence in determining the full extent of your injuries and their impact on your future ability to work in construction or any other occupation
- Caring, attentive guidance every step of the way in this traumatic, uncertain time for you and your family
- Case Consideration Construction Site Accidents
Pay No Attorney Fees Unless We Win A Settlement Or Verdict For You
Please do not go it alone after a construction site accident in Salem, Revere or anywhere on Massachusetts’ North Shore. Call us at 781-691-5769 or toll free at 866-257-6476 for your free consultation. At the Law Offices of Mark S. Horrigan in Lynn, you will work closely with a calm, helpful lawyer ready to go the distance for you.
Case Considerations: Construction Site Accidents
Basis Construction Site Accident Claim Processing Considerations
Third party involvement
Was a Third Party, other than the Client’s employer, negligent and was that third party’s negligence the legal cause of the injury?
If not, then the client is limited to workers’ compensation benefits. With some very rare and very limited exceptions, the vast majority of circumstances dictate that the client cannot file a lawsuit against their employer.
Was the client more than 50% at fault?
If so, the client will be barred from recovery in a lawsuit due to his or her own negligence. If less than 50% at fault, the recovery for a client’s damages is reduced pro rata by his or her own negligence.
For example: A client has 100k in damages and is 50% at fault. Therefore, his or her recovery is limited to 50K plus whatever prejudgment interest is tacked on to the judgment.
State & Federal Definitions for Standards of Care
Is the Standard of Care in terms of determining negligence favorably defined by any applicable federal (OSHA) or Massachusetts Construction Site Safety Regulation (454 CMR 10.01 and thereafter, etc.)?
What are the Potential Damages?
- Pain and suffering
- Loss of earning capacity
- Medical expenses
What is the workers’ Compensation Lien?
General Rule – workers’ compensation insurer must be reimbursed for two-thirds of the workers’ compensation lien which consists of the total payments it made of both disability payments to the client and the amount it paid to medical providers for medical bills.