When a construction accident happens on a Boston job site, the general contractor's insurance team is usually among the first calls made. Their goal is to limit what gets paid. Workers' compensation covers a portion of what was lost. It does not cover pain and suffering, full lost wages, or the accountability that comes from holding a negligent contractor or property owner responsible in civil court.
Altman Nussbaum Shunnarah Trial Attorneys handles construction accident civil claims in Boston and across Massachusetts. We take on general contractors, subcontractors, equipment manufacturers, and property owners, not just the workers' comp system, and we prepare every case for trial from day one. Call (800) 229-7989 for a free consultation. No fee unless we recover for you.
What Types of Construction Accidents Do We Handle in Boston
Construction accident civil claims in Massachusetts arise from a wide range of incidents. The common thread is not the type of accident but the failure that caused it: a party with legal responsibility for site safety that did not meet it.
Our attorneys handle civil claims involving:
- Falls from height. Falls from scaffolding, ladders, roofs, and elevated platforms are the leading cause of fatal construction injuries in Massachusetts, according to the Massachusetts Department of Public Health. Federal OSHA standards require specific fall protection at covered heights. When those protections were absent, civil liability follows.
- Struck-by incidents. Workers struck by falling objects, swinging equipment, or moving vehicles on Boston construction sites face serious injuries and frequently face resistance from contractors who dispute fault. We investigate who controlled the hazard and who failed to address it.
- Caught-in and caught-between incidents. Machinery, equipment, and structural collapses create caught-in and caught-between injuries that carry long-term consequences. These cases typically involve product liability claims against equipment manufacturers alongside negligence claims against site contractors.
- Electrocution and electrical contact. Electrical hazards on construction sites reflect failures in planning, protective equipment, and safety supervision. When an electrical injury results from an unmarked hazard or inadequate lockout-tagout procedures, multiple parties may share civil responsibility.
- Trench collapses and structural failures. Trench and excavation collapses are almost always preventable when OSHA cave-in protection requirements are followed. When they are not followed, the failure typically traces to the contractor responsible for the excavation scope of work and the general contractor overseeing the site.
- Defective equipment and tools. When a tool, machine, or piece of equipment fails because of a manufacturing defect or improper maintenance, a product liability claim against the manufacturer may be available in addition to any negligence claims against site parties.
If your accident falls outside these categories, call us. Construction injury cases are highly fact-specific, and a free consultation is the only way to assess what claims may be available.
Why Construction Accident Cases in Boston Require a Different Approach
A construction accident is not a standard car accident claim. The legal structure, the number of parties involved, and the evidence required are different. The gap between what workers' comp delivers and what a civil claim can recover is often substantial.
Workers' Compensation Is Not the Full Story
Workers' comp pays medical bills and a percentage of lost wages. It does not pay for pain and suffering. It does not replace full lost wages or future earning capacity. And it does not hold anyone accountable for the failure that caused the injury.
A civil lawsuit against a third party, whether a general contractor, a scaffold erector, or a property owner, is where those additional categories of recovery live. The two claims can run simultaneously, and pursuing one does not eliminate the other.
Boston Construction Sites Involve Multiple Parties and Multiple Policies
Large construction projects in Boston, from Seaport development to MBTA infrastructure work to downtown renovation, typically involve a general contractor, multiple subcontractors, equipment suppliers, and a property owner. Each carries its own insurance coverage. Each may share responsibility for the conditions that caused the injury.
Identifying every party with a role in site safety, and every insurance policy that may apply, is one of the first tasks of a civil claim investigation. Most injured workers initially underestimate how many defendants belong in the case.
Evidence on Boston Job Sites Disappears Quickly
Boston construction sites run on tight schedules. After an injury, contractors resume work. Equipment moves. Site configurations change. Witnesses take assignments on other projects across the city.
The legal deadline to file a construction accident lawsuit in Massachusetts is three years under M.G.L. Chapter 260, Section 2A. The window to preserve meaningful evidence is far shorter. An attorney who begins investigating early can document site conditions, secure witness information, and build the case before that record is gone.
Call (800) 229-7989 to get the investigation started.
What Injured Boston Construction Workers Can Recover
A civil lawsuit against a responsible third party after a Boston construction accident can pursue categories of compensation that workers' comp cannot touch.
- Medical expenses. Past treatment costs and anticipated future medical needs related to the injury.
- Lost wages and earning capacity. The full value of wages lost during recovery and, where injuries affect long-term ability to work, the projected loss of future earning capacity. Workers' comp replaces a portion of wages. A civil claim pursues the full measure.
- Pain and suffering. Compensation for the physical and personal impact of the injury. This category does not exist in workers' comp. It exists only in a civil claim against a negligent third party.
- Punitive damages. In cases where a contractor's or manufacturer's conduct was especially reckless, involving repeated OSHA violations or deliberate safety shortcuts, punitive damages may be available to hold the defendant accountable beyond the compensatory measure.
The value of a construction accident civil claim depends on the severity of the injury, the number of liable parties, available insurance coverage, and the strength of the evidence. We assess all of those factors in the initial consultation.
How Our Boston Construction Accident Attorneys Approach These Cases
We do not take construction accident cases to settle them quickly. We take them to build them fully: identifying every responsible party, developing every available theory of liability, and preparing for trial so that insurance companies know we will not accept a lowball offer to close the file.
Investigation Starts Immediately
The moment we take a construction accident case, the investigation begins. We move to preserve site evidence, identify every contractor and subcontractor present at the time of the injury, secure available video footage, and retain construction safety consultants where the facts call for it.
What OSHA did or did not do after the incident does not limit what we can build independently. When a government investigation occurs, we obtain the full inspection file. When it does not, we reconstruct the site conditions through available evidence and the analysis of independent construction safety consultants.
We Identify Every Defendant in the Chain
Boston construction injury claims regularly involve more defendants than the injured worker initially realizes. The general contractor. The subcontractor who created the hazard. The scaffold company that built the structure. The equipment manufacturer whose product failed. The property owner who retained control over the site.
Each of those parties may carry insurance coverage. Each may bear a share of civil responsibility under Massachusetts law. We identify all of them before a lawsuit is filed, not after.
We Prepare Every Case for Trial
Most law firms settle construction accident cases without ever preparing for court. Insurance companies know which firms go to trial and which ones do not. That knowledge directly affects what they offer.
Our willingness to take cases through trial in Suffolk County Superior Court and courts across Massachusetts is not a negotiating tactic. It is how we handle every case we accept.
What the First Call Actually Looks Like
The first call runs about 15 minutes. We ask about the accident, the job site, the parties involved, and where things currently stand with workers' comp, medical treatment, and any contact from the contractor's insurance.
We do not need a complete picture to get started. We need enough to tell you whether a civil claim is worth pursuing and what the next steps look like. There is no obligation. If we take the case, our investigation begins immediately. If this is not the right fit, we will say so directly.
Questions Boston Construction Accident Victims Ask Before They Call
How much does it cost to hire a Boston construction accident attorney?
Nothing upfront. We handle Boston construction accident civil claims on a contingency fee basis, meaning we only collect a fee if we recover compensation. The initial consultation is free, and you will not be billed for our time or investigation costs unless the case resolves in your favor.
What if I already accepted workers' comp benefits? Can I still file a civil lawsuit?
Yes. Receiving workers' comp benefits does not bar a civil lawsuit against third parties. The two systems run on separate tracks. If the civil case resolves, Massachusetts law requires reimbursement to the workers' comp insurer for benefits paid, but that process is handled as part of the overall resolution.
What if I was undocumented or working informally when the accident happened?
Immigration status does not determine eligibility to pursue a civil claim against a negligent contractor or property owner in Massachusetts. The legal duty those parties owed to workers on their site applies regardless of the worker's documentation status. We have represented clients in a range of employment situations. Call us to discuss the specific facts.
What if the contractor's insurance company already contacted me?
Do not give a recorded statement, sign any documents, or accept any payment without speaking with an attorney first. Insurance adjusters contact injured workers early specifically to gather information that limits what the carrier ultimately pays. Once a statement is given or a release is signed, options narrow significantly.
What if I was partly at fault for the accident?
Massachusetts follows a modified comparative negligence rule. You can still recover damages in a civil lawsuit even if you share some responsibility for the accident, as long as your fault is 50 percent or less. Contractors and their insurers routinely argue that injured workers bear partial blame. Our attorneys build the evidence that puts responsibility where it belongs.
How long does a Boston construction accident lawsuit take?
Construction accident civil cases in Massachusetts vary significantly. Cases involving multiple defendants, complex liability questions, and serious injuries can take one to three years from filing to final resolution. Filing early rather than close to the three-year statutory deadline gives the case time to develop and builds leverage in settlement negotiations.
The Insurance Company Is Already Working. So Should You.
The contractors and insurers on the other side of a Boston construction accident claim are not waiting. Their adjusters document the site. Their attorneys review the OSHA file. Their goal is to pay as little as possible and close the claim.
We have recovered over $1 billion for clients by doing the same work faster and more thoroughly, and by refusing to accept what insurance companies offer when it falls short of what the case is worth. Results may vary. Prior case outcomes do not guarantee similar results.
Our Boston construction accident attorneys appear regularly in Suffolk County Superior Court and courts across Massachusetts. We take construction accident cases to trial when that is what the case requires. Call (800) 229-7989 or contact us online for a free consultation. There is no fee unless we recover for you.