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Presented by Attorney Sean Cleary, Personal Injury Lawyer
 Construction sites are dangerous places, and cause an alarming number of injuries to people every year, far too many of which require hospitalization, cause permanent disability, or result in death.
Massachusetts worker's compensation insurance laws preclude construction workers from filing job-site-related injury lawsuits against their employers in in most cases, but construction site employees may still have personal-injury claims against landowners, vendors, equipment and tool suppliers, crane operators, scaffolding riggers, and other non-employer actors involved in a construction project, on top of any workman's comp payments they may receive.
Construction site hazards created by improper procedures, faulty equipment, untrained crews, insecure storage of materials, failure to secure perimeters (install adequate fencing), poor signage, and overly aggressive construction schedules can all lead to accidents that cause serious injuries. These events can lead to severe consequences for the injured, including pain and suffering, time out of work, lost income, medical bills, rehabilitation expenses, and even permanent disability (which carries with it the ongoing expenses of long-term care).
Construction sites are among the most hazardous workplaces in the country, both to workers and others who must visit or pass through them. According to the US Bureau of Labor Statistics, construction is responsible for the greatest number of deaths of any private work sector – about 1,200 in 2007 and 1,000 in 2008 (along with approximately 500,000 nonfatal injuries). Despite improvements in worker safety programs and equipment over the years, construction can still be a treacherous job. This is true regardless of the specific construction sector considered. No matter if it's residential building construction, heavy industrial plant construction, road, bridge, or other civil engineering construction, or the development of a commercial shopping mall, the specialty trade contractors involved (i.e. carpenters, masons, electricians, roofers, pipefitters, plumbers, welders, etc.) all incur risks inherent in their jobs and also can create situations that cause hazards to other workers and the public.
The dangers are real and numerous. In addition to falls from heights (the primary cause of injury) other incidents include building or scaffolding collapses due to structural failure, injuries caused by improper operation of heavy equipment (like back-hoes, front-end loaders, bulldozers, dump trucks, graders, steamrollers, cranes, Bobcats, cherry pickers and excavators), failure to use protective gear, and unauthorized access to restricted areas.
Accidents commonly involve electrocution, burns from explosions or fires caused by gas-powered welding and brazing equipment, cutting tools, elevators, fork lifts, dumpsters, nailguns, punch presses, and air compressors. Some accidents are due to equipment failure – such as defective tools or machines – and others to operator or supervisor negligence, inaction or inappropriate behavior. Failure to properly maintain equipment is another leading cause of liability in construction site accident cases.
A fall from a ladder, a slip from a roof, being struck by a falling object, or cuts and broken bones from power tools can lay up a worker for an extended period of time, and not all construction jobs provide disability compensation. Furthermore, companies often press their workers to do the impossible – to finish jobs in record time, cut corners, and scrimp on or simply ignore expensive and time-consuming safety measures. Tragically, many- if not most- construction site accidents and injuries could have been prevented with proper safety precautions. While the Occupational Safety and Health Administration (OSHA) is tasked with setting and enforcing workplace safety standards, OSHA cannot inspect everywhere, at all times.
To protect workers and the public against falls, for example, all construction sites should be fenced off and equipped with guardrails, fall arrest systems, safety nets, covers, and travel restriction systems – but many are not, despite State & Federal laws. When a worker, visitor or passerby is injured as a result of such risky conditions, liability is incurred. Whether an injury occurs on residential property, commercial property, or an industrial or road construction site, liability may fall to the owner, contractor, subcontractor, state or municipality, depending on a multitude of factors.
If you, a relative or friend has been injured in a construction site incident, it is critical to consult immediately with a trained, experienced personal injury lawyer who specializes in such matters to determine whether you have a solid case for a lawsuit or insurance settlement. Statute of limitations regulations apply, so it’s critical to speak to a qualified personal injury attorney as soon as possible. Also, location photography, witness interviews, and other evidence-gathering steps must be started without delay for your injury claim to have the best chances for success.
At the Law Offices of Sean J. Cleary, we have over 15 years of experience with construction site accident injury cases in Western Massachusetts. With all personal injury cases, we operate on a “no recovery, no fee” (contingency) basis: i.e. we get paid only if we are successful in recovering money damages for you. If you or a loved one has been injured or killed in a construction site accident, call us today and we’ll set up a free, no-obligation introductory consultation at our offices in Amherst, MA. If you have difficulty coming into our office for any reason, just let us know and we'll be happy to come to you. Construction companies, tradesmen, equipment manufacturers, and landowners all have responsibilities to prevent construction site injuries. When they don't live up to these responsibilities, it's our responsibility to get you the compensation you deserve.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case.
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or (413) 549-7600.
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