Construction Site Injuries and Workers’ Compensation Benefits In Massachusetts

Construction Site Injuries in Massachusetts: Workers’ Compensation Benefits for Injured Workers

Construction work is one of the most dangerous professions in Massachusetts, exposing workers to a wide range of hazards. From heavy machinery and high elevations to dangerous materials and unpredictable working conditions, the risk of injury is significant. When an accident occurs, it can lead to severe consequences, including long-term medical complications and financial hardship. Fortunately, Massachusetts law provides workers’ compensation benefits to injured construction workers, providing certain levels of protection for lost wages and work-related medical treatment.

Construction site injuries come in many forms, often resulting in life-altering conditions. Falls from scaffolding, ladders, or roofs are among the most common accidents, frequently leading to broken bones, head trauma, or spinal cord injuries. Workers may also be struck by falling objects, heavy equipment, or moving machinery, causing anything from minor injuries to fatalities. Electrocution is another serious hazard on construction sites, particularly for workers dealing with exposed wiring or faulty electrical installations. Machinery accidents, such as those involving cranes, forklifts, bulldozers, and power tools can lead to crushing injuries, amputations, and permanent disabilities. Additionally, exposure to hazardous substances, including chemicals, dust, and asbestos, can cause respiratory illnesses and long-term health conditions. Even repetitive tasks and overexertion can lead to musculoskeletal disorders and chronic pain.

Massachusetts law requires employers to carry workers’ compensation insurance, ensuring that employees injured on the job receive financial assistance and medical treatment. The Massachusetts Workers’ Compensation Act (M.G.L. Chapter 152) provides benefits to injured workers, regardless of who was at fault for the accident. These benefits include coverage for medical expenses, wage replacement for lost time at work, and compensation for permanent disabilities.

1. Injured workers are entitled to receive payment for all necessary medical treatments, including hospital visits, surgeries, rehabilitation, and prescriptions, with no out-of-pocket expenses. Mileage reimbursement for trips to doctors is also reimbursable under the MA Comp law.
2. For those unable to work due to their injuries, temporary total disability benefits provide compensation equal to sixty percent of their average weekly wage for up to 3 years, ensuring financial stability during recovery. If a worker can return to work but at a reduced capacity or lower wage, temporary partial disability benefits help compensate for the difference in earnings. In cases where a worker is permanently unable to return to employment, permanent and total disability benefits offer long-term financial support.
3. Additionally, workers suffering from permanent scarring or loss of function in a body part may receive additional compensation.
4. Finally, if a worker dies due to a job-related accident, their dependents may be entitled to survivor benefits, including weekly compensation and coverage for funeral expenses.

How To Get Workers’ Comp Benefits

Filing a workers’ compensation claim in Massachusetts requires following specific steps. The injured worker must report the injury to their employer as soon as possible. Seeking medical treatment immediately is essential, and it is important to inform the healthcare provider that the injury occurred at work. Often times, workers do not seek medical treatment right away, thinking that hte injury will simply go away. This is a common mistake, and often makes the workers comp process much more difficult down the road. It is a good rule of thumb to seek medical treatment early and often. This can mean simply going to urgent care to get checked out. A paper trail is extremely helpful in establishing causation in a workers comp case.

Following an injury being reported by the employee, the employer is then responsible for filing a First Report of Injury with their workers’ compensation insurer. The workers compensation insurer then has a certain time frame to either accept or deny the claim. In either case, it is advisable to consult an experienced Massachusetts workers’ compensation attorney as soon as possible. Even if the comp insurer is doing what they’re supposed to initially, they will go to work to defend against their claim and protect their interests. Having an experienced comp lawyer on your side early is crucial to ensure that your rights are protected as well. Don’t wait. Get in touch with an attorney immediately.

Third Party Liability

While workers’ compensation covers medical expenses and lost wages, it does not provide compensation for pain and suffering. However, if a third party, such as a subcontractor, equipment manufacturer, or negligent property owner, played a role in the accident, the injured worker may be able to file a personal injury lawsuit. A third-party liability claim can provide additional financial recovery beyond what workers’ compensation offers, including compensation for pain, suffering, and other damages.

Troupe Law Office offers a free consultation of your case. There is no charge to call and speak with us. If we are later successful in obtaining an order of benefits, the attorney’s fees are set out in the Massachusetts Wokers’ Compensation Statute (Chapter 152). Most of the time, the Attorney’s fees are paid by the Insurer. In the event of a Lump Sum Settlement of the claim, the standard Attorney’s fee is a percentage of the total lump sum amount (20%).

If you have been injured at work, it is important that you call us as soon as possible at (978) 531-7401, or email us.

It is our goal to provide you with the best possible representation for your Workers’ Compensation case. We look forward to hearing from you.