Construction Accident Lawyer
Protecting injured construction workers and job site victims in Massachusetts
Construction sites are among the most dangerous workplaces in Massachusetts. When a job site accident leaves you seriously injured, you may have legal claims beyond workers’ compensation — against negligent contractors, property owners, and equipment manufacturers. Larson Law identifies every avenue of recovery and fights for your maximum compensation.
The workers most exposed are the ones who build the city with their hands: ironworkers and roofers working at height, electricians and laborers, carpenters, crane operators, and the day laborers and immigrant workers who fill out many crews. Massachusetts law protects all of them, regardless of immigration status or whether a job was on or off the books, and a worker should never be talked out of a claim on the basis of who they are. What matters is how the injury happened and who was responsible for the unsafe condition that caused it.
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A construction injury in Massachusetts is governed by a different framework than an ordinary accident, because most job sites are covered by workers’ compensation and yet the largest recovery often lies outside it.
Workers’ compensation, and its limits
Under M.G.L. c. 152, § 24, an injured worker generally cannot sue their own employer for a job-site injury; workers’ compensation is the exclusive remedy against the employer. This matters because it pays medical care and part of lost wages no matter who was at fault, but it does not pay for pain and suffering or the full value of a catastrophic injury.
The third-party claim
The most important tool on a construction site is M.G.L. c. 152, § 15, which lets an injured worker collect compensation and still bring a separate lawsuit against a negligent third party, such as a general contractor, a subcontractor, a property owner, or an equipment manufacturer. This matters because those third-party claims recover the full damages comp does not, and on a busy site with many companies, a third party is frequently at fault.
Shared fault and the deadline
Massachusetts follows comparative negligence under M.G.L. c. 231, § 85, so a worker recovers as long as they were not more than half at fault, with the award reduced by their share, and the statute abolishes the assumption-of-risk defense a contractor cannot raise merely because construction is dangerous. A third-party claim generally must be filed within three years under M.G.L. c. 260, § 2A, so preserving the scene, the equipment, and the witnesses early is critical.
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Our construction accident attorneys fight for injured workers and bystanders across Massachusetts
Construction accident cases are complex — they often involve multiple contractors, subcontractors, property owners, and equipment manufacturers. Liability can be shared across many parties, and coordinating workers’ comp with third-party personal injury claims requires careful legal strategy. Larson Law has the experience to handle this complexity and fight for every dollar you deserve.
These cases are also fought hard by the other side. Contractors and their insurers move quickly to control the narrative, documenting the scene their way and arguing the worker was careless long before an injured person is back on their feet. Meeting that requires an independent investigation: securing the OSHA citations and inspection reports, the safety plans and training records, the equipment maintenance history, and the accounts of coworkers who saw what happened. That evidence is what separates a claim that settles for a fraction of its value from one that recovers what a serious construction injury truly costs.
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Common Types of Massachusetts Construction Site Accidents
The construction industry consistently has among the highest rates of serious workplace injuries. OSHA’s “Fatal Four” — falls, struck-by incidents, electrocution, and caught-in/between accidents — account for the majority of construction fatalities. Cases we handle include:
- Falls from scaffolding, ladders, and rooftops — Fall protection violations and inadequate guardrails are among the most common OSHA citations in Massachusetts
- Falling objects — Tools, materials, and debris dropping from elevated work areas onto workers below
- Electrocution — Contact with live electrical wires and inadequate lockout/tagout procedures
- Caught-in/between accidents — Workers caught in or crushed by heavy machinery, vehicles, or collapsing structures
- Crane and heavy equipment accidents — Operator error, equipment failure, and inadequate site safety protocols
- Trench and excavation collapses — Failure to properly shore or brace excavations as required by OSHA standards
- Toxic substance exposure — Asbestos, lead paint, silica dust, and chemical hazards on Massachusetts job sites
- Defective tools and equipment — Products that malfunction due to design or manufacturing defects
If you were injured on a Massachusetts construction site, contact us to find out whether you have additional claims beyond workers’ compensation that can substantially increase your total recovery.
Boston’s building boom has filled the Seaport, downtown, and the neighborhoods with high-rise towers, gut renovations, and infrastructure work, and every one of those sites carries the hazards that injure workers most often. OSHA’s “fatal four” — falls from heights, struck-by-object incidents, caught-in or caught-between accidents, and electrocutions — account for the majority of construction deaths, and they play out on scaffolding, ladders, roofs, excavations, and around cranes and heavy equipment. Falls from unguarded edges and collapsing scaffolding are especially common on multi-story sites, while trench work exposes crews to cave-ins that turn fatal in seconds. Understanding exactly how an injury happened — which company controlled the hazard, whether a required safety measure was missing, and what the site records show — is the starting point for holding the right parties accountable.
Serious construction cases are built on evidence that disappears fast. Within days a site is cleaned up, damaged equipment is repaired or scrapped, and the companies involved begin comparing notes with their insurers. Preserving the OSHA inspection file, the daily logs and toolbox-talk records, the subcontractor agreements that show who controlled the work, and photographs of the hazard before it is fixed can make the difference between proving negligence and being left with only the limited workers’ compensation benefit. That is why the first calls after a serious injury matter so much.
Workers’ Compensation vs. Third-Party Claims After a Construction Accident
Most injured construction workers qualify for workers’ compensation benefits regardless of fault. However, workers’ comp typically pays less than the full value of your losses — it does not compensate you for pain and suffering, for example.
In many construction accidents, a third party may also share legal liability for your injuries. Third-party claims may be available against:
- General contractors — Who bear overall responsibility for job site safety and may be liable even when the injured worker was employed by a subcontractor
- Property owners — Who may have independent obligations for the safety of their premises
- Other subcontractors — Whose workers or actions contributed to the accident
- Equipment manufacturers — If a defective machine, tool, or safety device played a role
- Third-party maintenance companies — If outsourced maintenance was performed negligently
Pursuing both a workers’ comp claim and a third-party personal injury lawsuit simultaneously is not only possible — it is often the strategy that produces the highest total recovery. Our attorneys evaluate every avenue so you don’t leave compensation on the table.
Construction injuries tend to be severe, and their effects can last a lifetime. Falls and struck-by accidents frequently cause traumatic brain injuries and spinal cord damage, while machinery and power tools cause crush injuries, amputations, and the loss of function that can end a trade career. Because these injuries often prevent a return to physically demanding work, the claim has to account not just for today’s medical bills but for a lifetime of lost earning power and the pain and disruption the injury causes. We build each case around that full, long-term picture rather than the narrow figure an insurer offers first.
No two construction injuries are the same, and the right strategy depends on the facts: who was on site, which trade controlled the hazard, whether OSHA cited a violation, and how the injury will affect the worker’s ability to earn a living going forward. We investigate each of those questions before putting a value on the case, so the demand reflects the real, long-term cost of the injury rather than an early guess. If you or someone you love was hurt building Boston, the sooner we can begin, the more of the evidence we can protect.
What Compensation Can Construction Accident Victims Recover in Massachusetts?
Between workers’ compensation benefits and applicable third-party claims, a seriously injured construction worker may recover:
- Workers’ comp medical benefits: All reasonable and necessary medical treatment related to the work injury, including surgery, hospitalization, and rehabilitation
- Workers’ comp wage replacement: Weekly benefits for temporary total or partial incapacity
- Third-party economic damages: Full lost wages beyond what workers’ comp pays, future loss of earning capacity, and unreimbursed medical expenses
- Pain and suffering: Available through a third-party lawsuit but not through workers’ comp — often the largest component of a seriously injured worker’s total recovery
- Permanent disability: Compensation for lasting impairments affecting your ability to work and enjoy life
- Wrongful death benefits: If a construction worker is killed on the job, surviving family members may pursue both workers’ comp death benefits and a wrongful death lawsuit against responsible third parties
Larson Law analyzes all available claims, coordinates between workers’ comp and personal injury proceedings, and works to maximize your total recovery from every responsible party.
The difference between a workers’ compensation claim alone and one that also reaches a negligent third party is often enormous. Workers’ compensation replaces only a portion of lost wages and pays nothing for pain, disfigurement, or diminished quality of life, while a third-party lawsuit can recover full lost earning capacity over a career, the true cost of future medical care, and the human toll of a life-altering injury. On a site where general contractors, subcontractors, owners, equipment makers, and staffing agencies all share the space, identifying every responsible party is where much of a case’s value is found. That investigation has to begin quickly, before equipment is repaired or removed and memories fade, which is why speaking with a lawyer early protects the larger recovery.
Workers’ compensation and a third-party case also interact in ways that make experienced handling important. When a worker recovers from a negligent third party, the compensation insurer typically holds a lien for what it paid, and how that lien is negotiated directly affects what the family actually keeps. Coordinating the two claims — keeping the compensation benefits flowing while building the third-party case, and resolving the lien fairly at the end — is part of what turns a gross recovery into a meaningful net one for the injured worker.
Larson Law approaches a construction case the same way whether the injury happened on a downtown high-rise, a highway project, or a residential build: by finding every company that owed the worker a safe workplace and holding each of them accountable. The aim is not a fast, discounted settlement but a recovery that reflects the lifetime of consequences a serious construction injury creates, so that an injured worker and their family are not left quietly absorbing the cost of someone else’s shortcut on safety.
Our Clients
3 simple steps to get legal help after a construction accident in Massachusetts
Book your free consultation
All it takes is a quick call or form fill to set up a free consultation. This is your chance to share what happened, ask your questions, and get clear on what the next steps might look like.
Get a local Boston lawyer on your side
Once you decide to move forward, your construction accident lawyer takes over dealing with the insurers, the contractors and their carriers, the paperwork, and the claim, so you can focus on recovering.
Focus on healing while your case is handled
While your lawyer pushes hard to get you money for medical costs, lost wages, and pain, you can put your energy into getting better and back to your life.
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Schedule a free case review with a Massachusetts construction accident lawyer
If you were injured on a Massachusetts construction site, Larson Law is ready to evaluate your full range of legal options — including claims that go beyond workers’ compensation. Free consultations, no fees unless we win. Call us today or fill out our online form.
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Our Practice Areas
Browse our practice areas to see the types of cases we handle and what may fit your situation, including wrongful death, rideshare accidents, and pedestrian injuries, etc. For broader injury representation beyond car accidents, visit our Boston personal injury lawyer page.
Questions people often ask about Massachusetts construction accident cases
Can I sue in addition to collecting workers’ compensation after a construction accident?
Yes. Workers’ compensation provides a baseline of benefits but does not cover pain and suffering and typically pays less than the full value of your losses. If a third party — such as a general contractor, property owner, or equipment manufacturer — was responsible for your accident, you may file a personal injury lawsuit against them in addition to your workers’ comp claim. These two remedies are not mutually exclusive.
Who is liable for my construction accident — my employer or the general contractor?
Liability can fall on multiple parties. Workers’ comp applies to your direct employer. A general contractor, other subcontractors, or the property owner may be held liable through a third-party lawsuit if their negligence contributed to the accident. Massachusetts courts recognize the general contractor’s broad responsibility for overall site safety. Our attorneys investigate all parties and pursue every viable claim.
What OSHA violations most commonly cause Massachusetts construction accidents?
OSHA consistently cites Massachusetts construction sites for fall protection violations, scaffolding deficiencies, ladder safety violations, hazard communication failures, and inadequate respiratory protection. These violations often directly cause serious accidents and are powerful evidence of negligence in personal injury cases. Our attorneys review OSHA inspection records and citations as part of every construction accident investigation.
How long do I have to file a construction accident lawsuit in Massachusetts?
In most Massachusetts construction accident cases, you have three years from the date of the accident to file a personal injury lawsuit. Workers’ compensation claims have their own separate deadlines. Do not wait — contact an attorney as soon as possible to protect all available claims and preserve critical evidence.
What if I was told the accident was my own fault?
Massachusetts uses modified comparative negligence. Even if your employer or a contractor argues you were partly at fault, you can still recover through a third-party lawsuit as long as you were not more than 50% responsible. Your recovery would be reduced by your percentage of fault, but you are not barred from recovering. Our attorneys investigate every aspect of the accident and push back strongly against attempts to shift blame to injured workers.
What if a defective piece of equipment caused my accident?
If a defective tool, piece of machinery, or safety equipment played a role in your accident, you may have a product liability claim against the manufacturer or distributor, in addition to any workers’ comp or premises liability claims. Product liability cases require specialized investigation and expert testimony. Larson Law has the resources to pursue these claims effectively.
Can I still file a claim if I am not a documented worker?
Yes. Workers’ compensation protections in Massachusetts extend to all workers regardless of immigration status. An undocumented worker injured on a Massachusetts construction site has the same right to workers’ compensation benefits as any other worker. Third-party personal injury claims may also be available. All consultations with our firm are confidential.
How much is a construction accident case worth in Massachusetts?
Construction accidents frequently cause severe injuries — spinal cord damage, traumatic brain injuries, amputations, and crush injuries — that result in substantial damages including lifetime medical costs, lost earning capacity, and significant pain and suffering. The value of your case depends on your specific injuries and the available avenues of recovery. Contact us for a free evaluation.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.