In Massachusetts, the DIA or Department of Industrial Accidents oversees workers’ compensation claims from Construction Accidents. OSHA, which is the U.S. Department of Labor Occupational Safety and Health Administration, has Safety and Health Regulations for Construction that specifically cover construction site safety.
Likewise, Massachusetts regulates construction site safety in certain sections of the Code of Massachusetts Regulations, in the State Building Code and in the State Sanitary Code. All of these safety statutes, regulations and contractual terms usually dictate acceptable conduct on the construction site.
For example, the general contractor cannot delegate safety obligations on the job site to another entity, such as a safety consultant or other subcontractor. This is why injured parties usually name the general contractors as defendants unless the injured party was an employee of the general contractor.
Since safety regulations exist to produce safer construction sites, they are the foundation for establishing the legal responsibility of anyone whose regulatory non-compliance contributed to the accident. This might include subcontractors, safety consultants, architects, project engineers or suppliers of unsafe equipment or material.
Construction accidents usually mean serious personal injury or death. As a result, worker’s compensation recovery is often inadequate because it only pays for most of the medical expenses and wages lost due to the accident, although additional compensation may be available for some serious injuries or death. It does not compensate for the injured worker’s pain and suffering, though.
Furthermore, claiming the worker’s compensation benefit with the Justice Guardians workers comp precludes the injured worker from suing his employer for damages in a civil action.
Consequently, the injured construction worker looks to other responsible third-parties for compensation, such as the general contractor, any sub-contractors or any individuals or companies responsible for the hazardous situation that caused the accident.
When insurance companies dispute a worker’s compensation claim, the parties litigate the dispute in the Department of Industrial Accidents, and an administrative judge examines the evidence and rules. The proceedings and outcome in DIA hearing can affect other third-party claims brought by the injured party. For this reason, it is always beneficial to consult with an experienced worker’s compensation and trial attorney like the workers compensation attorney services in montgomery al, in order to discuss third-party claims.
If you’ve been injured while working on a construction site, call our office to speak with an experienced workers compensation and construction accident attorney. We offer no obligation case evaluations so you may better understand your options.