Why Choose Cava Law Firm for Your Springfield Construction Accident Case?
Suffering injuries in a construction accident can be stressful. Medical bills pile up, wages are lost, and the physical and emotional pain can feel unrelenting. Choosing an experienced personal injury law firm like Cava Law Firm can make all the difference in your case.
Here is why clients trust us with their construction accident claims in Springfield, Massachusetts:
- Proven Track Record: We have secured significant settlements and awards for our clients, often far exceeding initial offers from insurance companies.
- Personalized Attention: Christopher F. Cava and Jennifer L. Cava-Foreman handle cases with care and diligence. You are not just a case number to us—we treat every client like family.
- Aggressive Advocacy: Insurance companies often try to minimize payouts. We know their tactics and are relentless in pursuing the compensation you deserve.
- Extensive Legal Knowledge: Construction accident cases can be complex, often requiring knowledge of industry-specific rules, OSHA regulations, and Massachusetts labor laws. Our firm has the skills to handle these intricacies and build a strong case.
- Free Consultations: We understand that reaching out for help can be a big step. That is why we offer free consultations to discuss your case and explore your legal options without any financial pressure.
At Cava Law Firm, our commitment is to make your recovery as smooth as possible. Trust us to handle the legal side while you focus on healing.
Dangers at Construction Sites
Construction sites are inherently dangerous, and employers are required to follow strict safety protocols to protect workers and others near the site. Despite these requirements, accidents still occur. The Occupational Safety and Health Administration (OSHA) highlights the “Fatal Four” leading causes of death in the construction industry, which include:
- Falls: Workers often face serious injuries or fatalities from falls off scaffolding, ladders, or roofs.
- Struck by Objects: Falling tools, equipment, or debris can cause devastating harm.
- Electrocutions: Exposed wires, power lines, and unfinished electrical systems present significant risks.
- Caught-In/Between Accidents: Workers may get pinned under heavy equipment, between machinery, or in collapsing structures.
If you or someone you love has been injured in an incident related to any of these hazards, our construction accident lawyer in Springfield is ready to take action on your behalf.
Workers’ Compensation Benefits for Construction Workers
Construction workers are eligible to access valuable workers’ compensation benefits after an on-the-job injury. However, the worker must have been on the clock at the time and engaged in tasks that were within their job description. For example, if a construction worker gets injured because they willingly (and defiantly) engaged in tasks outside of their work duties, they could be denied workers’ comp benefits. Similarly, workers who are injured while horsing around could also be denied benefits.
If they are approved to receive benefits, those benefits will cover expenses, such as:
Medical Treatment
Workers’ comp will pay for all reasonable treatments related to your work injury. This includes coverage of emergency room visits, doctor’s visits, hospital stays, and physical rehabilitation. It also covers prescription medication, medical devices and equipment, and travel expenses related to seeking and receiving medical care. However, if you believe your injury is the result of negligence or if the coverage is insufficient, it may be necessary to sue for a work injury to secure the full range of benefits and compensation you deserve.
Wage Replacement
Wage replacement is available for workers who are unable to work for at least six full or partial calendar days. The wage replacement is not complete, however. Workers only receive 60% of their pre-accident income up to the state’s maximum weekly benefit, which is currently $1,829.13. For example, if you earned $1,000 per week before your work accident, you would receive $1,000 X .60 = $600 per week in wage replacement benefits, assuming you are totally disabled.
Partially disabled workers get less of a payout. If you have a partial disability, you will be entitled to 75% of what your weekly benefit would be if you were totally disabled.
Other Benefits
Insured workers may also be entitled to a one-time payment for work injuries leading to permanent loss of function or disfigurement. If qualifying under disfigurement, the worker must have scars on their face, neck, or hands. Additionally, certain family members of workers who perish may be entitled to death benefits.
Although workers’ comp benefits are clearly laid out, workers often run into problems with insurance companies and employers who dispute their workers’ comp claims to save money. For this reason, injured workers are always advised to procure qualified representation from a skilled Springfield workers’ compensation lawyer.
Third-Party Construction Accident Claims
A third-party claim allows injured individuals to seek compensation from someone other than their employer, who may be responsible for their accident. Unlike workers’ compensation claims, which provide no-fault benefits, a third-party construction accident lawsuit focuses on proving negligence by an outside party. These claims can help cover damages that workers’ compensation does not, such as pain and suffering and full wage losses.
Examples of Third-Party Liability:
Third-party liability arises when someone not directly affiliated with your employer contributes to unsafe conditions or causes an accident. Common examples include:
- Subcontractors: If a subcontractor’s negligence, such as failing to secure scaffolding or tools, results in injuries.
- Equipment Manufacturers: Defective machinery or tools that malfunction on the site, causing harm to workers.
- Property Owners: Negligent maintenance or hazardous conditions on site can place liability on the property owner.
- Vendors or Delivery Workers: Outside parties delivering materials may create hazards if they fail to follow safety protocols.
Key Differences from Workers’ Compensation Claims:
While workers’ compensation provides coverage regardless of who is at fault, it is often limited in scope and does not account for non-economic damages like pain and suffering. Third-party claims, on the other hand, may provide broader compensation but require establishing negligence.
At Cava Law Firm, we bring our knowledge to every third-party case, conducting thorough investigations to identify all potentially liable parties. This ensures you receive the compensation you need to cover medical bills, lost income, and the emotional toll of your injury.
Springfield Construction Accident Claims FAQs
If you have questions about your rights or the legal process after a construction accident, our FAQs provide clear and helpful answers to guide you during this challenging time.
What should I do after a construction accident?
Immediately report the accident to your employer and seek medical attention. Document the scene, take photographs, and collect witness information if possible. Contact our Springfield construction accident lawyer to discuss your options.
How long do I have to file a claim?
For workers’ compensation claims in Massachusetts, you generally have up to four years from the date you realized your injury was work-related to file. For personal injury claims, such as third-party lawsuits, the statute of limitations is three years from the date of the accident. It is crucial to act quickly in both cases to preserve evidence and protect your rights.
Can I file a lawsuit if I am receiving workers’ compensation?
Yes, you may still file a third-party claim if someone other than your employer caused the accident. Workers’ compensation does not prevent you from seeking additional compensation from other liable parties.
How much does it cost to hire your firm?
At Cava Law Firm, we work on a contingency fee basis. This means you do not pay us unless we win your case. We also offer free consultations to discuss your claim in detail without any upfront costs.
Contact Our Trusted Springfield Construction Accident Lawyers Today
At Cava Law Firm, “Winning is NO Accident!” We understand the physical, financial, and emotional toll that a construction accident can take on you and your family. That is why we are committed to fighting for justice and delivering results.
When you choose Cava Law Firm, you can count on us to:
- Thoroughly investigate your case to establish liability.
- Negotiate aggressively with insurance companies that try to undervalue your claim.
- Pursue maximum compensation while offering compassionate legal counsel.
- Provide regular updates and ensure your questions are answered every step of the way.
Do not delay in getting the help you need. Call us today at (413) 737-3430 or (413) 781-CAVA (2282) for your free consultation, or visit our contact page to get started. With Cava Law Firm by your side, you can focus on recovery while we fight for your rights.
