Worcester Construction Accident Lawyer

A Worcester construction accident lawyer at the Law Offices of Bailey and Burke represents workers injured on jobsites throughout Central Massachusetts, pursuing compensation through workers’ compensation claims and third-party lawsuits when negligence, unsafe conditions, or defective equipment cause preventable injuries.

When jobsite injuries occur, workers face immediate questions about medical bills, lost wages, and whether they can return to the work they’ve trained for. The Law Offices of Bailey and Burke helps injured construction workers and grieving families throughout Worcester and Central Massachusetts. 

Call (508) 799-5510 for a free consultation. You pay nothing until we recover compensation.

What to Know About Worcester Construction Accident Claims

• Massachusetts workers’ compensation covers medical expenses and partial wage replacement regardless of fault, but third-party lawsuits against negligent contractors, property owners, or manufacturers may provide additional compensation
• OSHA violations documented at jobsites strengthen third-party liability claims by establishing that safety standards were ignored
• You can pursue both workers’ compensation benefits and third-party lawsuits simultaneously in Massachusetts without one affecting the other
• Falls from heights, struck-by accidents, caught-in/between hazards, and electrocution account for the majority of serious construction injuries and fatalities
• Evidence preservation starts immediately because jobsite conditions change, equipment gets repaired or removed, and witness memories fade before investigations conclude

Why Injured Construction Workers Trust the Law Offices of Bailey and Burke 

Construction accidents create complex legal situations involving workers’ compensation, potential third-party liability, OSHA investigations, and multiple insurance policies. We provide comprehensive representation for workers hurt on the job, including:

• Workers’ compensation and third-party case evaluation: We investigate construction accidents for both immediate workers’ comp benefits and potential third-party liability against general contractors, subcontractors, property owners, or equipment manufacturers whose negligence violated safety standards or created hazardous conditions.
• Immediate jobsite investigation: We photograph jobsite conditions, equipment positioning, and safety violations before cleanup, send preservation letters requiring parties to maintain equipment and records, obtain incident reports and safety documentation, interview witnesses before they move to other projects, and secure OSHA investigation files and citations.
• Workers’ compensation claim management: We file claims with proper documentation, appeal benefit denials or inadequate compensation determinations, obtain authorization for necessary treatment, calculate proper wage replacement, and pursue permanent disability benefits when injuries prevent return to construction work.
• Third-party liability claims: We build cases against negligent parties pursuing lost wages, pain and suffering compensation, future earning capacity losses, medical expenses workers’ comp doesn’t authorize, and compensation for scarring and reduced quality of life.
• Coordination and reimbursement negotiation: We manage simultaneous workers’ compensation and third-party claims, then negotiate reimbursement amounts owed to workers’ comp carriers to minimize what you pay back and increase your net recovery.
• Expert collaboration: When needed, we work with OSHA investigators, safety experts, and engineers to establish violations, analyze equipment failures, and prove liability.

Our Worcester office gives you direct access to attorneys familiar with Worcester construction sites, OSHA Region 1 procedures, local hospital medical records, and Worcester County court processes. We work on contingency, so you pay nothing unless we recover compensation.

Call (508) 799-5510 for a free consultation about your construction accident. We can review what happened, explain your options honestly, and outline what comes next. The Right Lawyer Makes all the Difference.

Common Causes of Worcester Construction Accidents

Construction accidents follow predictable patterns tied to specific hazards that OSHA identifies as the “Fatal Four“: falls, being struck by objects, being caught in or between hazards, and electrocution. These account for the majority of serious injuries and deaths on jobsites.

Falls from Heights

Falls from ladders, scaffolds, roofs, and structural steel cause catastrophic injuries. These accidents occur when:

• Scaffolds lack proper guardrails, toe boards, or secure anchoring
• Ladders are damaged, incorrectly positioned, or inadequate for the height
• Personal fall arrest systems are unavailable, improperly used, or poorly maintained
• Roof edges lack warning lines, guardrails, or safety monitoring systems
• Structural steel work proceeds without fall protection or safety nets

OSHA requires fall protection at heights above six feet in construction. General contractors and employers who fail to provide proper fall protection systems violate federal safety standards, creating liability when workers suffer fall injuries.

Struck-By Accidents

Workers struck by falling objects, swinging loads, or moving vehicles and equipment suffer severe trauma. These accidents happen when:

• Crane loads swing freely without tag lines or proper rigging
• Tools and materials fall from elevated work areas without toe boards or debris nets
• Heavy equipment operates near workers without spotters or barriers
• Overhead work proceeds without hard hat requirements or exclusion zones
• Delivery trucks back up without ground guides or warning systems

Struck-by accidents often result from inadequate site coordination, poor communication, and failure to establish clear construction zones separating equipment operations from foot traffic.

Caught-In/Between Hazards

Workers caught in or compressed between equipment, materials, or collapsing structures face crushing injuries or death. Common scenarios include:

• Trench and excavation collapses burying workers
• Equipment rollovers trapping operators
• Material storage failures crushing workers beneath lumber, pipes, or masonry
• Unguarded machinery catching clothing, gloves, or body parts
• Demolition failures bringing structures down on workers

OSHA requires protective systems for trenches deeper than five feet and guards on rotating equipment. Violations of these standards create clear liability when caught-in/between accidents occur.

Electrocution

Contact with energized power lines, faulty wiring, or inadequate lockout/tagout procedures causes electrocution injuries and deaths. These accidents occur when:

• Cranes, scaffolds, or aerial lifts contact overhead power lines
• Workers handle damaged extension cords or power tools without ground-fault circuit interrupters (GFCIs)
• Electrical work proceeds on energized circuits without proper lockout/tagout
• Temporary power systems lack proper grounding
• Metal ladders or scaffolds position workers near live electrical sources

Electrocution accidents may create liability for general contractors who failed to coordinate with utilities, property owners who didn’t disclose electrical hazards, or equipment owners who provided faulty tools.

Who May Be Liable in Worcester Construction Accidents

Workers’ compensation covers injuries regardless of fault, but third-party liability claims identify other responsible parties whose negligence caused accidents.

General Contractors

General contractors control jobsites and bear responsibility for overall safety. They may face liability when they:

• Fail to coordinate work activities creating conflicting hazards
• Ignore OSHA violations or refuse to correct known dangers
• Pressure subcontractors to complete work faster, cutting safety corners
• Fail to provide required fall protection, guardrails, or safety equipment
• Create scheduling conflicts that force dangerous work conditions

General contractors cannot escape liability by claiming subcontractors control specific work areas. Site safety remains the general contractor’s responsibility.

Property Owners

Property owners who maintain control over jobsites or create hazardous conditions may face premises liability claims when they:

• Fail to disclose known hazards like underground utilities, asbestos, or unstable structures
• Maintain control over safety decisions rather than delegating to contractors
• Create dangerous conditions through ongoing operations near construction areas
• Ignore complaints about unsafe conditions or refuse contractor requests for remediation

Property owner liability depends on their level of control and knowledge of hazards.

Equipment Manufacturers

Defective ladders, scaffolds, power tools, safety equipment, or heavy machinery create product liability claims against manufacturers when:

• Design defects make equipment unreasonably dangerous
• Manufacturing defects cause individual units to fail
• Inadequate warnings fail to alert users to known dangers
• Equipment lacks safety features standard in the industry

Product liability claims don’t require proving negligence—only that defects caused injuries during proper use or reasonably foreseeable misuse.

Other Subcontractors

Subcontractors whose work creates hazards for other trades may face liability when:

• Electrical subcontractors leave exposed wiring
• Excavation contractors fail to shore trenches properly
• Roofing contractors remove fall protection systems
• Demolition contractors destabilize structures without warnings

Multiple parties may share liability in construction accidents involving coordinated work activities.

Serious Injuries from Worcester Construction Accidents

Construction accidents produce catastrophic injuries because of the heights, weights, forces, and hazards inherent in the work. These injuries require immediate emergency care and long-term treatment:

• Traumatic brain injuries: Falls from heights and struck-by accidents cause concussions, skull fractures, brain bleeding, and cognitive impairments requiring rehabilitation and monitoring for permanent disabilities.
• Spinal cord injuries: Falls and crush injuries cause compression or severing of the spinal cord, resulting in partial or complete paralysis requiring lifetime care, wheelchairs, and home modifications.
• Fractures: Broken bones in legs, arms, pelvis, ribs, and facial structures require surgical repair, hardware implantation, and extensive physical therapy. Complex fractures may prevent return to physical construction work.
• Amputations: Caught-in/between accidents and unguarded machinery sever limbs or cause crush injuries requiring amputation and prosthetic fitting.
• Electrocution injuries: Electrical contact causes burns, cardiac arrest, nerve damage, and internal injuries requiring immediate emergency care and long-term treatment.
• Burn injuries: Arc flash, chemical exposure, and fire cause severe burns requiring skin grafts, reconstructive surgery, and scar management.
• Crush injuries: Caught-in/between and struck-by accidents cause internal organ damage, broken bones, and soft tissue injuries requiring emergency surgery.

Construction injury lawyers account for immediate medical expenses, future treatment, lost earning capacity when you cannot return to construction work, permanent disability, and the full impact on your life.

What Compensation is Available in a Worcester Construction Accident?

Compensation depends on whether you’re pursuing workers’ compensation benefits, third-party claims, or both. Identifying compensation sources is crucial to recovering a fair settlement. 

Workers’ Compensation Benefits

Massachusetts workers’ compensation provides compensation regardless of fault. These benefits include:

• Medical expenses: Full coverage for reasonable and necessary treatment related to work injuries
• Temporary total disability: Approximately 60% of your average weekly wage while unable to work, up to state maximum
• Permanent and total disability: Weekly benefits for life-altering injuries preventing any work
• Permanent partial disability: Compensation for specific scheduled losses like amputations or vision/hearing loss
• Vocational rehabilitation: Retraining assistance when injuries prevent return to construction work

Workers’ compensation doesn’t cover pain and suffering, full lost wages, or punitive damages.

Third-Party Claim Damages

Third-party lawsuits against negligent contractors, property owners, or manufacturers may provide:

• Lost wages: Complete wage replacement rather than the 60% workers’ comp provides
• Future earning capacity: Compensation when injuries force career changes to lower-paying work
• Pain and suffering: Non-economic damages for physical pain, emotional trauma, and reduced quality of life
• Medical expenses: Coverage for treatment workers’ comp doesn’t authorize
• Scarring and disfigurement: Compensation for permanent visible injuries affecting appearance and self-image

Massachusetts doesn’t cap damages in construction accident cases, allowing fair recovery for catastrophic injuries.

Comparative Negligence

Massachusetts modified comparative negligence allows recovery if you’re 50% or less at fault. Your damages get reduced only if you contributed to the accident through your own violations or negligence, such as ignoring safety protocols, bypassing guards, or working under the influence.

Protecting Your Rights After a Worcester Construction Accident

The hours following a construction accident determine both your medical outcome and your ability to recover full compensation. If you haven’t already, seek medical treatment immediately. This supports both your health and your legal claims.

Once stable, take these additional steps after a construction accident:

• Report the accident to your employer: Massachusetts requires reporting work injuries within a specific timeframe to preserve workers’ compensation rights. Provide notice in writing if possible.
• Document everything: Photograph equipment, jobsite conditions, hazards, and your injuries before conditions change. Get witness names and contact information. Request copies of incident reports.
• Preserve evidence: Don’t repair or discard damaged equipment, tools, or safety gear before an attorney inspects them. Physical evidence supports liability claims.
• Continue medical treatment: Follow your treatment plan and attend all appointments. Gaps in treatment may lead insurers to question the severity of an injury.
• Contact a construction accident attorney: Insurance adjusters for general contractors, property owners, and equipment manufacturers may contact you requesting recorded statements. These can be used against you in third-party claims. Consult an attorney before providing statements beyond basic accident notification.

An injury lawyer at the Law Offices of Bailey and Burke handles evidence preservation, workers’ comp claims, third-party investigations, and insurer communications so you can focus on recovery; key factors to consider when choosing a personal injury lawyer.

FAQ for Worcester Construction Accident Lawyers

Contact a Worcester Construction Accident Lawyer

Construction accidents shouldn’t define the rest of your life. When unsafe conditions, ignored hazards, or defective equipment cause serious injuries, you have legal options beyond workers’ compensation.

The Right Lawyer Makes all the Difference. Call the Law Offices of Bailey and Burke at (508) 799-5510 for a free consultation. We represent injured construction workers throughout Worcester and Central Massachusetts, pursuing compensation through workers’ comp and third-party claims when negligence causes preventable accidents.