Boston Construction Accident Lawyer – Third-Party Claims for Serious Job-Site & Roofing Injuries
Construction sites power the construction industry, but when occupational safety fails, injured workers face serious injuries, mounting medical bills and medical expenses, and aggressive insurance companies. If you were hurt on a job site anywhere in the Greater Boston Area—Boston, Dorchester, Quincy, South Boston, Middlesex County, Suffolk County, Essex County, Norfolk County, Bristol County, Plymouth County, Worcester County, or Fall River—you may have two paths:
- Workers’ compensation benefits through the workers’ compensation system, and
- a third party (or third parties) personal injury claim against a responsible party other than your employer (property owners, general contractor, other subs, traffic-control vendors, heavy machinery or safety-gear manufacturers, or a negligent driver in a work-zone crash).
Gavagan Law, LLC is a boutique law firm with extensive experience helping construction workers secure full compensation for workplace injuries and work-related injuries.
Workers’ Comp vs. Third-Party: What’s the Difference?
Workers’ Compensation
- No-fault medical care and a portion of lost income
- No pain-and-suffering damages
- Benefits can be delayed or disputed by a workers’ compensation insurer; documentation still matters
Third-Party Claim
- Targets non-employer wrongdoers (property owners, general contractor / construction manager / joint venture, other subs, product makers, motorists)
- Allows pain & suffering, types of damages including full lost earnings/earning capacity, scarring, loss of consortium, punitive damages in egregious cases, and future physical therapy and medical care
- Most Massachusetts construction site accident claims have a three-year limitations period (don’t wait—evidence disappears)
Many construction accident cases involve both tracks. We coordinate benefits, preserve evidence, and address any lien so you get the best possible outcome and a fair settlement.
Who (Else) Can Be Liable for a Construction or Roofing Injury?
- Property Owners / Developers – unsafe or hazardous conditions, inadequate coordination, unsafe conditions at the construction project
- General Contractor / Construction Manager / Joint Venture – site-wide safety regulations, fall protection, sequencing, enforcement of safety standards
- Other Subcontractors – debris, dropped loads, faulty wiring, energized work near your crew
- Equipment & Safety-Gear Manufacturers / Rental Companies – defective lifts, cranes, nail guns, saws, ladders, anchors/lifelines/harnesses
- Architects / Engineers – design or temporary-works failures
- Traffic-Control Vendors & Motorists – dangerous workplace accidents in work-zone areas
Our experienced construction accident attorney team identifies who actually controlled the hazard and who promised to inspect, guard, or coordinate the task that led to the serious injury.
Common Construction & Roofing Accidents We Handle
- Falls: scaffolds, aerial lifts, ladders, roofs, unguarded openings/skylights
- Rooftop/edge incidents: missing guardrails, improper tie-off, swing-fall, unsafe access/egress
- Struck-by: falling objects, load drops, vehicle/equipment strikes involving heavy machinery
- Caught-in/between: trench/excavation collapses, pinch points, inadequate machine guarding
- Electrocution & arc flash near energized lines or temporary power; hazardous substances exposure
- Crane/hoisting & rigging failures and load-path errors
- Explosions/Fires (gas/propane), hot-work burns
- Defective tools & machinery (nail guns, saws, presses, lifts)
- Road-work zone crashes involving passing traffic or delivery trucks
Fatal Rooftop & Edge Falls
A single missed detail at a roof edge can cause fatal injuries. Construction accidents related to roof falls and roofing-site injuries are preventable. If you (or your spouse) were hurt on a roof in Boston, Dorchester, or the Greater Boston area, we perform thorough investigates including identifying OSHA fall-protection violations to hold negligent contractors accountable.
Why deadly roof falls happen (and how we prove it)
- Fall protection & edge control: missing/inadequate guardrails, warning lines, or safety monitor; no toe-boards on steep-slope roofing; “leading-edge” work without protection.
- Personal fall-arrest system (PFAS) failures: no harness, wrong tie-off, anchors not rated 5,000 lbs or placed incorrectly; lanyard too long; swing-fall hazards; damaged lifelines/SRLs; no rescue plan.
- Access & egress: unsafe ladder setup or tie-in; no three points of contact; makeshift roof jacks/roof ladders; temporary stairs without handrails; congested or cluttered edge access.
- Unprotected openings: uncovered skylights, roof/floor/shaft holes, unguarded roof hatches, phased decking not fully planked or covered.
- Surface conditions & housekeeping: wet/windy or icy roofs; loose debris and nails; poor lighting; materials staged at the edge creating trip hazards.
- Material handling & equipment: crane/hoist/boom-truck moves without a spotter or tag lines; unsecured loads; debris chutes; hot-work/torch-down burns; nail-gun injuries.
- Training & supervision: rushed schedules, poor hand-offs between subs, no competent-person oversight, lack of documented training on Subpart M fall protection.
If you or a loved one fell from a roof or were hurt on a roofing job in Boston/Dorchester, we investigate violations of the OSHA fall-protection rules (§1926.501)—including missing guardrails, uncovered skylights, or improper tie-offs—and hold negligent contractors accountable. We also review guardrail/PFAS criteria (§1926.502) and ladder safety requirements (§1926.1053) that frequently get ignored on busy job sites. For public-sector worksites, Massachusetts has a State Plan covering state and local government employers, while private-sector roofing is enforced by federal OSHA (learn more). For an overview written in plain English, see OSHA’s Protecting Roofing Workers guide (PDF).
Severe Injuries & Damages
We regularly build cases involving spinal cord injuries, traumatic brain injuries, amputations, severe burns, crush injuries, and complex fractures—resulting in long-term health issues, physical pain, and life changes. Your damages package may include:
- Future medical care & life-care plans
- Lost income and lost earning capacity (vocational & economic experts)
- Scarring & disfigurement
- Pain, suffering, and loss of enjoyment of life
- Loss of consortium for spouses
How We Prove Liability
- Preservation letters on Day One to owners/GCs/subs/vendors and the insurance company
- Site paperwork: prime contract, GC/CM/JV agreements, subcontracts & scopes, safety plans, fall-protection plans, JHAs/JSAs, toolbox-talk sign-ins
- Daily reports & inspection logs: superintendent/safety checklists, scaffold/edge/opening inspections (flag missing/blank forms)
- Condition capture: photos/video; witness statements; measurements of guardrail heights, opening dimensions, warning-line distances, anchor locations
- Equipment & safety gear: model/serials for harness/lanyard/anchor; inspection tags; installation drawings; rental/vendor records
- Regulatory evidence: Occupational Safety and Health Administration (OSHA) records (the federal health administration for workplace safety) and National Institute for Occupational Safety and Health (NIOSH) guidance; any citations and post-incident corrective actions
- Medical proof: medical records, surgery reports, physical therapy notes; union wage + fringe records; overtime history
- Agencies & process: filings and status checks with the Department of Industrial Accidents; we guide you through the legal process and entire process of legal action
What to Do After a Construction Injury
- Report the workplace injury and get medical attention—document symptoms.
- Photograph the construction site condition, equipment, and area before anything changes.
- Get names/contact info for witnesses, foremen, and subcontractors.
- Save pay stubs, timesheets, job assignments.
- Avoid recorded statements to insurance companies (beyond basic comp reporting) without counsel.
- Call a lawyer early to protect workers’ compensation claims and third-party rights.
Wrongful Death Damages in Massachusetts
Families may pursue wrongful death damages for the fair compensation (the fair monetary value) of their loved one—loss of reasonably expected net income, services, and the loss of society, companionship, comfort, guidance, counsel, and advice—plus funeral/burial expenses. In willful/wanton conduct, punitive damages may apply. If there was conscious pain before death, the estate may also recover survival damages.
Workers’ comp helps, but it doesn’t make the family whole—hence the need for third-party claims to reach full compensation from the responsible party.
Why Choose Gavagan Law?
We make it simple to connect—because having a lawyer you trust matters when you’re dealing with serious injuries and medical bills.
- Boston construction accident attorney with years of experience representing the injured individual and construction site workers
- Boutique firm with extensive experience in construction accident cases and types of cases involving roofs, scaffolds, and heavy machinery
- Established Relationships – Our day-to-day work with local law firms, defense counsel, and insurance adjusters helps keep the legal process on track.
- On-Site Savvy – We’re familiar with the hazards that lead to construction site accidents—unsafe conditions, heavy machinery, unguarded openings, faulty wiring—and we know how to prove safety violations.
- We handle the legal fees on contingency; free consultation
- Local Court Knowledge – We navigate Massachusetts courts and the Department of Industrial Accidents, so your workers’ compensation claim and third-party case move efficiently.
Areas We Serve
- Greater Boston & Nearby Neighborhoods: Boston (Downtown, Back Bay, South End, Dorchester, Roxbury), Cambridge, Somerville, Quincy, Brookline, Chelsea, Revere, Winthrop
- Metro West & Central: Framingham, Natick, Marlborough, Worcester, Westborough, Shrewsbury
- North Shore & Essex County: Salem, Lynn, Lawrence, Haverhill, Beverly
- South Shore & Plymouth County: Brockton, Plymouth, Hingham, Hanover, Cohasset
- Cape Cod & Islands & Other Communities: Barnstable, Hyannis, Falmouth, Mashpee, Nantucket, New Bedford, Fall River, Pittsfield, Springfield
FAQs
Can I bring a third-party case if I’m on workers’ comp?
Yes. Workers’ comp is between you and your employer. A third-party personal injury lawsuit targets negligent third parties (owner/GC/CM/JV, other subs, vendors, manufacturers, motorists). We pursue both tracks and resolve any comp lien.
What’s the deadline to file?
Most personal injury claims—including construction accident cases—carry a three-year statute of limitations. Don’t wait; job-site evidence disappears quickly.
Who pays my medical bills now?
Usually workers’ compensation benefits cover medical care first. In a third-party case we seek fair compensation for all damages; liens are handled at resolution.
How do communications work?
You can reach us by phone call, text message, or email. Please avoid sending sensitive information by text; we’ll move details into a secure channel.
Reach out to Gavagan Law for a free consultation
Contact Gavagan Law, LLC for a free consultation about construction site accidents and roofing injuries. We’ll protect your legal rights, preserve sensitive information, and handle the entire process—from workers’ comp to pursuing third-party claims for full compensation.
📞 Call us today, or use our secure contact form to schedule a phone call or send a text message. Let our Boston construction accident lawyer fight for a fair settlement and the medical care and financial recovery you deserve.