In the accident, I and 2 other workers fell 20 feet when formwork collapsed into scaffolding and wet cement. My injuries include a broken collarbone and ribs. Can I sue the formwork manufacturer, the concrete contractor and/or the general contractor? What will provide the best outcome- if we proceed with legal action separately or file together?
Your question does not indicate why you were at the construction site, although it implies that you were working at the site. If you were working at the site and have filed a workers’ compensation claim against your employer for your injuries, then who you can sue depends upon their relationship with your employer because the Workers’ compensation law prevents suits against your employer when you file a compensation claim. If the formwork manufacturer is not your employer and there is evidence that the formwork was a defective product, you may sue it. If the concrete contractor is not your employer and it negligently installed the formwork, then you can sue it. Whether you can sue the general contractor is more problematic because there may be provisions in its subcontract with your employer that would prevent your suit so you would have to investigate by reviewing that subcontract. There are advantages in the three of you joining in the same suit, such as sharing the cost of investigators, experts and discovery, provided that the issues in each of your cases are similar. If the issues are different, then you may not want to join together. You should discuss the pros and cons of each option with your attorney to decide which is the best way to proceed.
The Worcester Job Site Injury Attorneys at Reardon, Joyce & Akerson, PC represents clients in construction accidents in Worcester, MA and throughout Worcester County including the communities of Grafton, Millbury, Northbridge, Shrewsbury, Upton, and Westborough.