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Construction Incident Highlights Safety Concerns on the Job

Posted by David P. McCormack

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David’s technical and analytical approach to personal injury cases has served his clients well for over 15 years. Recognized for his commitment and intensity, David has consistently been recognized by his peers, and has successfully argued in front of the Massachusetts Supreme Judicial Court. Meet David

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A young man was killed yesterday on the job when he became pinned between the mini-excavator he was operating and an I-beam that was supporting a foundation on the jobsite.  Police and the Occupational Safety and Health Administration (OSHA) responded to the scene.  As discussed in a recent SUGARMAN blog post examining liability for construction site safety violations, powered industrial trucks, like the one involved in this incident, accounted for 2,162 workplace safety violations in 2017.  Such a high number earned this type of incident a spot on the 2017 list of Top 10 nationally cited workplace safety violations. 

Under Massachusetts law, employers are typically protected from lawsuits brought by their employees.  On construction sites, however, there are typically a number of parties involved – a general contractor, and several subcontractors completing the work.  While a worker on the job site would not be able to bring action against his employer directly, where an injury is caused by another company on the jobsite, a lawsuit could be brought against the company causing the injury.  Even though an employee is not able to bring a direct lawsuit against their own employer, they might be eligible for compensation from their employer’s workers’ compensation insurer.  

If you or a family member has been injured on the job, you should talk to a personal injury lawyer.  SUGARMAN attorneys have decades of experience with the complexities of jobsite personal injury claims and can help determine whether you have a valid third party claim.  For more information, call SUGARMAN at 617-542-100, email info@sugarman.com, or fill out a Contact Form.