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Case Considerations: Construction Site Accidents

Basis Construction Site Accident Claim Processing Considerations

  1. Was a Third Party Other than The Client’s Employer Negligent and Was that Negligence of the Third Party a Legal Cause of the Injury
    1. If not then the client is limited to workers’ compensation benefits
      1. In the vast majority of circumstances the client cannot file suit against the employer
        1. Some very rare and very limited exceptions
  2. Was the client more than 50% at fault
    1. If so, the client will be barred from recovery in a lawsuit due to his or her own negligence
      1. If less than 50% at fault –recovery for damages is reduced pro rata by his or her own negligence
        1. Example – client has 100k in damages and is 50% at fault – his/her recovery is limited to 50K plus whatever prejudgment interest is tacked on to the judgment
  3. Is the Standard of Care in Terms of Determining Negligence Favorably Defined by any Applicable federal (OSHA) or Massachusetts Construction Site Safety Regulation (454 CMR 10.01 and thereafter, etc.)
  4. What are the Potential Damages
    1. Pain and suffering
    2. Loss of earning capacity
    3. medical expenses
  5. What is the workers’ Compensation Lien
    1. General Rule – workers’ compensation insurer must be reimbursed for two-thirds of the workers’ compensation lien which consists of the total payments it made of both disability payments to the client and the amount it paid to medical providers for medical bills

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