Construction Accident Lawyer
Robert J. Hartigan is the founding attorney of Lionhart Injury Law, handling construction accident cases in Massachusetts and Georgia. Recognized as a Super Lawyers Rising Star in 2021, 2022, and 2026, Robert understands the critical distinction between workers’ compensation benefits and third-party civil liability claims. He represents construction workers who are injured on the job but whose rights extend beyond what workers’ comp provides. With an Avvo Rating of 10.0 (Superb) and more than $15 million recovered for injury victims over nine-plus years, Robert knows how to build complex construction cases involving multiple defendants, OSHA violations, and defective equipment. Offices in Boston and Atlanta serving clients throughout both states.
Construction workers build our homes, businesses, roads, and communities, often while working around heights, heavy machinery, electricity, moving vehicles, open trenches, and powerful equipment. When something goes wrong on a construction site, the consequences can be devastating.
A fall from scaffolding can cause a traumatic brain injury or spinal cord damage. A trench collapse can cause crushing injuries or death. Defective machinery can permanently disable a worker in seconds. And after a serious construction accident, the legal questions can become almost as complicated as the medical ones.
My name is Robert J. Hartigan, founding attorney of Lionhart Injury Law. I represent people seriously injured in construction accidents throughout Massachusetts and Georgia. I investigate not only what happened at the job site, but who was responsible for the condition that caused it.
That distinction matters because a construction worker may have more than a workers’ compensation claim. When someone other than the employer contributed to the accident, the injured worker may also have a third-party personal injury claim that provides access to damages workers’ compensation does not.
If you or someone in your family was seriously injured on a construction site, contact Lionhart Injury Law at 1-855-343-0997 for a free consultation before assuming workers’ compensation is your only option. I will investigate the project, the contractors involved, and every potential source of compensation.
Common Causes of Construction Accidents
Construction sites bring multiple companies, workers, machines, vehicles, and trades into the same environment. One contractor’s mistake can put workers from an entirely different company in danger.
OSHA’s construction safety materials focus heavily on four major hazard categories: falls, struck-by hazards, caught-in or caught-between hazards, and electrocution. These are commonly referred to as OSHA’s “Focus Four” hazards.
Falls From Heights
Falls can occur from:
- Scaffolding
- Ladders
- Roofs
- Aerial lifts
- Elevated platforms
- Unprotected floor openings
- Leading edges
- Structural steel
- Stairways
- Temporary work surfaces
A serious fall may involve inadequate fall protection, defective equipment, improper scaffolding, missing guardrails, unsafe ladders, unprotected openings, or another dangerous site condition.
Struck-By Accidents
Construction workers can be seriously injured when struck by:
- Falling tools or materials
- Construction vehicles
- Forklifts
- Cranes or crane loads
- Swinging equipment
- Flying debris
- Improperly secured building materials
- Equipment being moved through active work areas
Caught-In or Caught-Between Accidents
These accidents can occur when a worker is:
- Caught in machinery
- Pinned between equipment and a wall
- Crushed between vehicles
- Buried in a trench collapse
- Pulled into moving equipment
- Trapped beneath shifting materials
- Injured in a structural collapse
Electrical Accidents
Electrical injuries can result from:
- Contact with overhead power lines
- Exposed wiring
- Energized equipment
- Improper grounding
- Defective tools
- Failure to de-energize equipment
- Inadequate lockout or other safety procedures
Electrical incidents can cause severe burns, cardiac injury, neurological damage, falls, and death.
Other Construction Accidents I Handle
Construction accident claims can also involve:
- Crane accidents
- Forklift accidents
- Scaffolding failures
- Ladder accidents
- Trench and excavation collapses
- Heavy equipment accidents
- Construction vehicle collisions
- Defective tools or machinery
- Falling materials
- Structural collapses
- Unsafe temporary stairs and walkways
- Chemical exposure
- Fires and explosions
- Dangerous premises conditions
- Ice, snow, and other walking-surface hazards
The type of accident often determines which companies need to be investigated and what evidence must be preserved.
Workers’ Compensation and Third-Party Construction Accident Claims
One of the most important questions after a construction accident is whether the injured worker has both a workers’ compensation claim and a separate claim against another responsible party. They are not the same thing.
Workers’ compensation is designed to provide benefits for qualifying work-related injuries without requiring the employee to prove negligence. Depending on the applicable workers’ compensation law and circumstances, benefits may include medical treatment and wage-replacement or disability benefits.
A third-party lawsuit is different. It is a civil claim against someone other than a party protected by workers’ compensation immunity whose negligence, defective product, or other legally actionable conduct contributed to the accident.
A successful third-party personal injury claim may allow recovery of damages that are not available through workers’ compensation, including pain and suffering and other tort damages recognized by applicable law.
Georgia Construction Accidents and Third-Party Claims
Georgia’s Workers’ Compensation Act contains both an exclusive-remedy provision and express rules governing claims against third parties.
Under O.C.G.A. § 34-9-11, workers’ compensation generally provides the exclusive remedy against an employer for an injury covered by the Act. But the statute expressly preserves certain rights against third-party tortfeasors.
Georgia construction cases require a careful analysis because the protected party is not always limited to the company identified on the worker’s paycheck.
Georgia’s Statutory Employer Rule
Under O.C.G.A. § 34-9-8, certain principals, intermediate contractors, or subcontractors can become responsible for workers’ compensation benefits for employees of subcontractors working on the subject matter of the contract. This can affect whether a particular contractor qualifies for workers’ compensation immunity.
For that reason, I do not assume that every general contractor or subcontractor can automatically be sued as a third party. I examine the contracts, project hierarchy, employment relationships, scope of work, workers’ compensation coverage, and role each company played in the project before determining which defendants can be pursued.
Georgia Has Special Rules for Construction Design Professionals
Georgia law also contains specific protections for certain construction design professionals retained to perform professional services on a construction project.
O.C.G.A. § 34-9-11 limits some third-party claims against qualifying construction design professionals, subject to important statutory exceptions. Those protections do not apply in every circumstance, including certain claims involving negligent plans or specifications, specified on-site tortious conduct, professional surveys, or intentional misconduct.
Claims involving architects and engineers therefore require an analysis of what the professional was hired to do, what the contract required, and what conduct allegedly caused the injury.
Massachusetts Construction Accidents and Third-Party Claims
Massachusetts similarly allows workers’ compensation and qualifying third-party claims to exist in connection with the same injury.
M.G.L. c. 152, § 24 addresses an employee’s common-law rights against the employer for compensable injuries, while M.G.L. c. 152, § 15 specifically addresses injuries caused under circumstances creating legal liability in a person other than the insured.
Section 15 allows an employee to receive workers’ compensation benefits while a third-party claim is pursued, subject to Massachusetts rules governing the distribution of a third-party recovery and the workers’ compensation insurer’s reimbursement rights.
That makes it important to coordinate the two cases rather than treating the workers’ compensation claim and third-party lawsuit as unrelated matters.
Who Can Be Responsible for a Construction Site Injury?
A serious construction accident often requires investigating multiple companies. Liability depends on actual legal duties and conduct, not merely job titles.
Potentially responsible parties may include:
Property Owners
A property owner may face liability when the owner retained responsibility for or control over a dangerous property condition and the requirements of applicable premises liability or negligence law are satisfied.
Ownership alone does not mean the property owner is automatically responsible for every construction accident. I investigate the owner’s role, control, knowledge, contracts, and involvement in the condition that caused the injury.
General Contractors and Construction Managers
A general contractor or construction manager may become a potential defendant when its own negligence contributed to the accident and it is not protected from the claim by workers’ compensation law.
Relevant issues can include:
- Control over the work
- Responsibility for the hazardous condition
- Site coordination
- Safety responsibilities assumed by contract
- Creation or knowledge of the danger
- Conduct of the contractor’s own employees
A general contractor is not automatically liable simply because it was at the top of the construction hierarchy. The actual facts and contractual relationships matter.
Other Subcontractors
One subcontractor can create a hazard that injures an employee of another trade.
For example, a claim may arise when another contractor:
- Leaves an excavation unprotected
- Drops materials from an elevated area
- Creates an electrical hazard
- Improperly stores construction materials
- Operates equipment unsafely
- Removes safety protection
- Creates a dangerous walking surface
Whether that subcontractor can be sued depends on applicable workers’ compensation immunity and negligence law, but these relationships should always be investigated.
Equipment and Product Manufacturers
A construction accident may also involve a defective:
- Power tool
- Ladder
- Lift
- Scaffold component
- Crane component
- Forklift
- Safety device
- Heavy machine
- Vehicle
- Other construction product
Depending on the facts, a manufacturer, distributor, seller, rental company, maintenance provider, or another entity may become relevant to the investigation.
Product liability claims require proof of the applicable legal elements. The fact that a machine was involved in an accident does not by itself establish that the equipment was defective.
Maintenance and Repair Companies
A company hired to inspect, service, or repair equipment may face liability if negligent work contributes to an accident and the other elements of a negligence claim are established.
Architects and Engineers
Architects and engineers may potentially face liability for professional negligence or other actionable conduct in appropriate circumstances, but these claims are heavily dependent on state law, contracts, professional duties, statutes of limitation or repose, and any applicable statutory immunity.
Georgia, in particular, has specific workers’ compensation provisions affecting construction design professionals, so these claims must be evaluated carefully.
OSHA Standards and Construction Accident Claims
The Occupational Safety and Health Administration establishes federal workplace safety requirements that apply to many construction activities.
OSHA standards address subjects including:
- Fall protection
- Scaffolding
- Ladders
- Excavations and trenches
- Electrical safety
- Cranes and rigging
- Personal protective equipment
- Hazard communication
- Machinery and tools
OSHA may investigate a serious workplace accident and issue citations when it determines that an employer violated applicable occupational safety requirements.
An OSHA violation or citation does not automatically establish civil liability, and OSHA itself does not determine who owes personal injury damages in a third-party lawsuit. But OSHA standards, investigative materials, photographs, citations, and related evidence can become relevant to understanding what happened and whether appropriate safety practices were followed.
When applicable, I investigate:
- OSHA inspection materials
- Citations
- Photographs
- Witness statements
- Prior inspection history
- Site-specific safety plans
- Job hazard analyses
- Toolbox talks
- Training documentation
- Equipment inspection records
- Safety meeting records
The objective is to determine what safety rule applied, who was responsible for complying with it, and whether the violation actually contributed to the injury.
Evidence That Should Be Preserved After a Construction Accident
Construction sites change constantly. By the time an injured worker leaves the hospital, the condition that caused the accident may already have been repaired, removed, covered, demolished, or moved somewhere else. That makes evidence preservation especially important.
Depending on the accident, I may seek preservation of:
- Site photographs and video
- Surveillance footage
- Drone footage
- Incident reports
- OSHA records
- Daily construction reports
- Safety meeting records
- Inspection records
- Equipment logs
- Maintenance records
- Training documentation
- Subcontractor agreements
- Project contracts
- Change orders
- Safety plans
- Job hazard analyses
- Witness information
- Text messages and relevant communications
- Equipment involved in the accident
- Electronic data from vehicles or machinery
- Photographs taken by workers or supervisors
I also want to understand who controlled the area, who performed work there, and who had responsibility for correcting the hazard.
The sooner I am involved, the sooner I can begin identifying and preserving evidence before the construction site changes.
Common Injuries After a Construction Accident
Construction accidents can cause catastrophic injuries that prevent someone from returning not only to construction work, but sometimes to any employment at all.
Common injuries include:
- Traumatic brain injuries, including concussions and more severe neurological damage. Learn more about traumatic brain injuries.
- Spinal cord injuries, which can cause severe neurological impairment or paralysis. Learn more about spinal cord injuries.
- Multiple fractures
- Crush injuries
- Amputations
- Severe burns
- Electrical injuries
- Shoulder and knee injuries
- Nerve damage
- Internal injuries
- Permanent scarring or disfigurement
- Fatal injuries
When a construction accident causes permanent disability, I investigate not only current medical bills and lost wages but also future medical care, future earning capacity, vocational limitations, permanent impairment, and the effect the injury will have on the client’s life.
If a construction accident results in death, the family may also have claims under applicable wrongful death law. Learn more on my Wrongful Death Lawyer page.
$145,000 Construction Site Injury Recovery
In one construction accident case, I recovered $145,000 for a client injured after slipping and falling on ice at a construction site.
Every construction accident is different. The value of a claim depends on the injuries, evidence, responsible parties, insurance coverage, workers’ compensation issues, applicable state law, and other facts. Past results do not guarantee a future recovery.
What does not change is my approach. I investigate beyond the obvious defendant and look for every legally responsible party and every available source of compensation.
How Long Do You Have to File a Construction Accident Lawsuit?
Georgia
Georgia personal injury lawsuits are generally subject to the two-year limitations period in O.C.G.A. § 9-3-33.
However, different deadlines, tolling provisions, workers’ compensation deadlines, government notice requirements, statutes of repose, or other rules may apply depending on the parties and legal theories involved.
Massachusetts
Massachusetts tort actions are generally subject to a three-year limitations period under M.G.L. c. 260, § 2A.
Massachusetts also has other statutes that can affect particular construction-related claims. For example, claims arising from the design, planning, construction, or general administration of improvements to real property can implicate separate statutory rules.
The filing deadline is only one reason to move quickly. The more immediate concern is often preserving the construction site evidence before the project changes.
Talk to a Construction Accident Lawyer Before Assuming Workers’ Comp Is Your Only Recovery
After a construction accident, you may be told to report the injury, file a workers’ compensation claim, and let the insurance companies handle the rest. That may protect one part of your claim. It does not necessarily identify all of your rights.
A serious construction accident should be investigated to determine:
- Who employed you
- Who hired your employer
- Who controlled the relevant work
- Who created the hazard
- Who owned or supplied the equipment
- Who had responsibility for the area
- Whether another contractor contributed to the accident
- Whether defective equipment was involved
- Whether a viable third-party claim exists
- What workers’ compensation reimbursement or lien issues may affect a civil recovery
Contact Lionhart Injury Law if you were seriously injured on a construction site in Massachusetts or Georgia. I will investigate the project relationships, preserve the evidence, and determine whether you have claims beyond workers’ compensation.
Frequently Asked Questions About Construction Accidents
Can I sue after a construction accident if I am receiving workers’ compensation?
Potentially, yes.
Workers’ compensation generally limits claims against an employer for a compensable workplace injury, but it does not necessarily eliminate claims against legally responsible third parties.
Georgia expressly preserves certain third-party claims under O.C.G.A. § 34-9-11, subject to statutory exceptions and immunity rules. Massachusetts M.G.L. c. 152, § 15 expressly addresses claims against persons other than the insured.
Who can I sue for a construction site injury?
Depending on the circumstances and applicable workers’ compensation immunity, potential defendants may include a property owner, general contractor, construction manager, another subcontractor, equipment manufacturer, maintenance contractor, rental company, or another person or business whose legally actionable conduct contributed to the accident. The relationships between these parties need to be investigated before deciding who can actually be sued.
Is the general contractor always responsible for construction site safety?
No. The general contractor’s presence on the project does not automatically make it liable for every accident. Liability depends on applicable state law and facts such as control, contractual responsibilities, who created the dangerous condition, what the contractor knew, and whether workers’ compensation immunity applies.
Can I sue another subcontractor?
Potentially.
A subcontractor whose negligent conduct creates a hazard may be a third-party defendant when the applicable legal requirements are satisfied. But construction projects can create complicated workers’ compensation relationships, particularly in Georgia, so the subcontracting structure needs to be analyzed before assuming another contractor is subject to suit.
What role does OSHA play in my construction accident case?
OSHA regulates workplace safety and may investigate serious workplace accidents.
OSHA records, safety standards, photographs, citations, and other materials can become important evidence. However, an OSHA citation does not automatically prove civil negligence or entitle an injured worker to damages.
A third-party personal injury case still requires proof of the applicable legal elements against the defendant being sued.
What if I am classified as an independent contractor?
Do not assume the label determines your legal rights. Whether someone is legally treated as an employee or independent contractor can depend on the applicable statute and the actual working relationship. That determination can affect workers’ compensation coverage, immunity, and the ability to pursue civil claims.
If you were injured on a construction site while being treated as an independent contractor, I can investigate the working relationship and determine what claims may be available.
What if defective equipment caused my injury?
A defective tool, machine, safety device, vehicle, or piece of construction equipment may create a claim against a manufacturer or other responsible entity when the requirements of applicable product liability law are satisfied.
I investigate the equipment itself, its condition, maintenance history, warnings, modifications, prior problems, and chain of distribution. Do not allow important equipment to be discarded, altered, repaired, or returned without considering whether it needs to be preserved as evidence.
Can I bring a lawsuit while workers’ compensation is paying my medical bills?
Potentially, yes. A qualifying third-party claim can proceed even when workers’ compensation benefits are being paid. The two recoveries must be coordinated because workers’ compensation insurers may have statutory reimbursement or subrogation rights.
Georgia addresses an employer or insurer’s subrogation lien in O.C.G.A. § 34-9-11.1. Massachusetts M.G.L. c. 152, § 15 also governs how recoveries from liable third parties interact with workers’ compensation benefits.
How long do I have to file a construction injury lawsuit?
Georgia personal injury lawsuits are generally subject to a two-year limitations period under O.C.G.A. § 9-3-33.
Massachusetts tort actions are generally subject to a three-year limitations period under M.G.L. c. 260, § 2A.
Those are general civil limitations periods. Workers’ compensation claims, government claims, professional claims, product-related claims, and other circumstances can involve additional deadlines or statutes of repose.
What should I do after a serious construction accident?
Get medical attention and report the accident through the appropriate workplace procedures. If possible, preserve photographs, videos, witness names, information about the companies working in the area, and anything showing the condition that caused the accident.
Do not assume the site will look the same when you return.
Contact Lionhart Injury Law as soon as possible. Construction projects move quickly, and evidence that exists today may be gone tomorrow. I can begin identifying responsible parties, preserving evidence, and determining whether you have a third-party claim in addition to workers’ compensation.
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Toll-Free: (855) 343-0997 | Boston: (617) 871-9093 | Atlanta: (404) 239-5245