The Kickham Comment - Boston Accident Lawyer Blog
In Part One of my post on this subject, we discussed how dangerous and severe Massachusetts Construction Site Accidents can be.
Due to these realities, workers compensation payments alone for such catastrophic construction site accidents -which consist mostly of reimbursement for medical bills and lost wages – will often be inadequate to pay for such severe damages. The “silver lining” here is that with construction site accidents, more potentially liable parties than just the worker’s employer are involved: Just take a look at the next construction site you might walk by: There are multiple parties on a typical construction site – contractors and subcontractors – who could be potentially liable for a worker’s injuries or death: Heavy equipment providers like backhoes and bulldozers; crane manufacturers, electrical equipment manufacturers; explosive equipment manufacturers; girders, metal and pipe suppliers; protective equipment providers; the list goes on and on. Each of these entities have their own equipment, personnel and responsibilities at the site.
Who’s At Fault?
The fingers of blame in these often catastrophic Massachusetts construction accident cases usually end up pointing every which way. As a result, it can be a complex legal process to identify which parties are potentially liable—because liability is rarely limited to the just worker’s direct employer, alone (Ex.,” ABC Construction Company”). It takes an extremely experienced Massachusetts construction site accident law firm to determine the corporate third parties that may be liable for the injuries or fatality involved. The importance of suing a potentially negligent third party that was involved in the accident and is not the injured worker’s direct employer, cannot be overstated. This is because the financial exposure and legal liabilities of third parties are much, much higher than those of direct employers (which, as discussed in Part One of this post, cannot be sued for public policy reasons). As a result, this is where an injured construction site worker’s high financial damages will likely be paid from: The liability insurance policies from these third-part defendant(s). In catastrophic construction site accident cases, workers compensation insurance alone almost never provides adequate coverage for the types of injuries and damages involved.
Successfully identifying and suing such additional parties as defendants, is called a “third party claim”. These lawsuits can be extremely complex, and winning these cases to achieve maximum damages takes a high amount of legal talent, and a long track record of proven success with these special types of cases.
Which Law Firm To Choose?
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Construction site work is tough and dangerous work. Massachusetts construction site deaths are not uncommon. Shortcuts at job sites, which increase the risk of harm to workers, are a “dirty little secret” in this industry, and happen all too frequently. If you or someone you know has been injured in a Massachusetts construction site accident, you have some important legal decisions to make in your choice of which law firm to represent you: Make the wrong choice – such as a firm with little proof that they have won dozens of these difficult cases and secured very high settlements or jury verdicts for injured plaintiffs – or choose an out-of-state law firm – and you could lose potentially millions of dollars in damages (especially in catastrophic injury or death cases).
We can help you secure appropriate financial compensation for pain and suffering, or for wrongful death, and other losses arising out of construction site accidents. We are a Five-Star, “Super Lawyer” rated Massachusetts construction accident injury law firm, and we would be happy to provide you with examples of our case victories in this area of law, to prove this. We can and we will secure the maximum damages recovery that is possible for you and your family.
Do not put ego and promises to work for you – put proven, superior results and decades of successful experience to work for you. You can call us seven days a week, 24 hours a day and if we can’t speak to you at the moment that you call, we will get back to you within a few hours at most. You can also text us to (617) 285-3600 or click here to send us a rapid Contact Form.