Construction Site Injuries in Massachusetts
Whether an injured construction worker in Massachusetts can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Massachusetts' workers' compensation law sets the general rule for construction injuries. A worker who did not give the employer written notice at hiring reserving the right to sue is held to have waived the right to sue the employer for a compensable injury. G.L. c. 152, §§24, 15
| Construction site injuries | Massachusetts' workers' compensation law sets the general rule for construction injuries. A worker who did not give the employer written notice at hiring reserving the right to sue is held to have waived the right to sue the employer for a compensable injury. The worker still receives compensation and may also pursue a third party (someone other than the insured employer) whose fault caused the injury; the insurer is repaid from the recovery and the worker keeps the excess. §15: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section15 . No search for a scaffold-type statute was done; no absence claim is made. Source: G.L. c. 152, §§24, 15 |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases. Source: M.G.L. c. 231, § 85 |
| Deadline to sue for an injury | Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. Source: M.G.L. c. 260, § 2A |
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FAQ
Can you sue for a construction accident in Massachusetts?
Massachusetts' workers' compensation law sets the general rule for construction injuries. A worker who did not give the employer written notice at hiring reserving the right to sue is held to have waived the right to sue the employer for a compensable injury. The worker still receives compensation and may also pursue a third party (someone other than the insured employer) whose fault caused the injury; the insurer is repaid from the recovery and the worker keeps the excess.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.