When you’re injured on a construction site in Framingham or anywhere in Massachusetts, your life changes in an instant. The physical pain, mounting medical bills, lost wages, and uncertainty about your future can feel overwhelming. At Foglia & Associates, we understand the unique challenges construction workers face after workplace accidents, and we’re here to fight for every benefit and every dollar you deserve.

Construction remains one of the most dangerous industries in Massachusetts.

Whether you were injured in a fall from scaffolding, struck by equipment, caught in a trench collapse, or hurt in any other construction-related accident, you have rights under Massachusetts law. For over 25 years, Attorney Michael Foglia and Attorney Radu Brestyan have represented injured construction workers throughout Massachusetts, recovering millions of dollars in workers’ compensation benefits and personal injury settlements.

We know construction. We know the law. And we know how to win.

WHAT ARE THE MOST COMMON TYPES OF CONSTRUCTION ACCIDENTS IN MASSACHUSETTS?

Construction accidents take many forms, each with potentially life-altering consequences. Understanding the most common types helps workers recognize dangers and know their rights when injured.

Falls from Heights

Falls remain the #1 killer of construction workers. In Massachusetts construction sites, falls occur from:

• Scaffolding (collapses, defective equipment, missing guardrails)
• Ladders (improper setup, defective equipment, unstable surfaces)
• Roofs (missing fall protection, weak spots, slippery surfaces)
• Elevated platforms (scissor lifts, aerial lifts, boom lifts)
• Unprotected edges (floors, walls, openings)
• Through floor openings or skylights

Struck-By Incidents

Workers are struck by:

• Falling objects (tools, materials, debris from above)
• Swinging loads (cranes, hoists moving materials)
• Construction vehicles (dump trucks, forklifts, front-end loaders)
• Collapsing structures (walls, partially demolished buildings)
• Falling materials during loading/unloading operations

Caught-In/Between Accidents

These crushing injuries occur when workers are:

• Caught in machinery (concrete mixers, power tools, equipment)
• Crushed between vehicles and walls or other equipment
• Trapped in trench collapses or excavation cave-ins
• Caught in collapsing structures

Electrocution

Electrical hazards kill and seriously injure construction workers through:

• Contact with overhead power lines
• Defective tools and equipment
• Improper wiring in temporary electrical setups
• Lack of ground fault circuit interrupters (GFCIs)
• Working near energized electrical systems

Repetitive Stress and Overexertion Injuries

Not all construction injuries happen in a single dramatic moment. Many workers suffer:

• Back injuries from lifting and carrying
• Shoulder and rotator cuff injuries from repetitive overhead work
• Knee injuries from constant kneeling and squatting
• Carpal tunnel syndrome from repetitive hand tool use
• Herniated discs from years of heavy physical labor

These injuries often develop over time across multiple employers, creating complex workers’ compensation claims that require experienced legal representation.

Burns and Chemical Exposures

Construction sites contain numerous burn hazards:

• Welding and cutting torch operations
• Chemical burns from concrete, solvents, acids
• Electrical burns
• Flash fires and explosions
• Asbestos and silica dust exposure (particularly in renovation and demolition work)

Equipment and Machinery Accidents

Heavy equipment causes devastating injuries:

• Crane accidents (collapses, load drops, struck-by incidents)
• Forklift accidents
• Bulldozer and excavator accidents
• Concrete mixer and pump accidents

Power tool injuries (saws, drills, nail guns, grinders)

Since 1993

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WHAT SHOULD I DO IMMEDIATELY AFTER A CONSTRUCTION ACCIDENT IN MASSACHUSETTS?

A construction accident can happen in seconds and what you do immediately afterwards can make a difference to your health, your worker’s compensation benefits, and any potential third-party claim. If you were injured on a construction site in Framingham or anywhere in Massachusetts, take the following steps as soon as possible.

Here’s exactly what to do:

Step 1: Get Medical Attention IMMEDIATELY

Your health comes first. Even if your injury seems minor.

Why This Matters: Insurance companies use delays in treatment as “proof” that you weren’t really injured. Seek treatment immediately.

Step 2: Report the Injury to Your Employer IN WRITING

Massachusetts law requires you to report work injuries “as soon as practical.” While you technically have time, report immediately to protect your rights:

• Tell your supervisor or foreman about the accident right away
• Put it in writing (email, text, or written note) to create a record
• Describe how the accident happened and your injuries
• Get a copy of any accident report or incident form

What to Say: “I was injured at work on [date]. I fell from scaffolding and hurt my back. I reported this to [supervisor name] immediately and sought medical treatment at [hospital/doctor].”

Step 3: Document Everything

Take photos and videos while still at the scene if possible:

• The location where you were injured
• The equipment or conditions that caused the accident
• Safety violations (missing guardrails, improper scaffolding, etc.)
• Your injuries (bruises, cuts, swelling)
• Get witness information

Keep records:

• All medical records and bills
• Pay stubs from before and after your injury
• Time off work documentation
• Text messages or emails related to your injury
• Photos of your recovery progress

Step 4: Do NOT Give a Recorded Statement to Insurance

Within days of your injury, the insurance company will likely call asking for a recorded statement. Be very careful:

• You’re not required to give a recorded statement to the workers’ comp insurance immediately
• Everything you say can be used to deny or reduce your benefits
• Insurance adjusters are trained to ask questions designed to undermine your claim

Best Practice: Politely tell them you’ll provide a statement after speaking with an attorney. This is your right, and it doesn’t hurt your claim.

Step 5: File a Claim with the Department of Industrial Accidents (DIA)

If your employer or their insurance company denies benefits or fails to pay.

Step 6: HOW CAN WE HELP AFTER A CONSTRUCTION ACCIDENT.

Construction accidents cases are complex. Multiple companies may be involved, insurers move quickly to protect themselves, and critical evidence can disappear within days. Our role as a personal injury law firm is to protect injured workers and their families from the very beginning and to pursue the full compensation the law allows, not just the minimum benefits offered by insurance.

1. WE TAKE IMMEDIATE CONTROL OF THE CASE

We act quickly to:

• Preserve evidence before the job site changes
• Secure photographs, reports, and witness statements
• Identify all companies working on the job site (general contractors, subcontractors, equipment owners)

This early intervention is often the difference between a strong case and a compromised one.

      2. WE INVESTIGATE THIRD-PARTY LIABILITY

We investigate whether your injury was caused by:

• A negligent general contractor or subcontractor
• Unsafe scaffolding, ladders, or fall-protection systems
• Defective tools, machinery, or safety equipment
• Trench or excavation failures
• Electrical hazards or power=line contact
• Construction vehicles or heavy equipment

      3.    WE WORK WITH EXPERTS AND INVESTIGATORS TO PROVE WHAT WHEN              WRONG.

Construction accident cases often require expert analysis.

• We coordinate with investigators who rush to the scene to gather evidence and photograph the scene before changes are made and evidence is lost.
• We consult with safety and equipment specialists
• We consult with Medical professionals and life care planners

Their evidence gathering and expert testimony helps establish how safety rules were violated, who was responsible, and the full impact of the injury and future loss earning capacity and medical expenses.

The single most important thing you can do is speak with an experienced construction accident attorney before making any decisions:

• Free consultation, you pay nothing to discuss your case
• We explain your rights under Massachusetts workers’ compensation law
• We protect you from insurance company tactics
• We maximize your benefits, often recovering 2-3 times what insurance companies initially offer
• No upfront costs, we only get paid if you win

Since 1993

Bilingual Customer Service (PT / ES / EN / HE / RO)

Personal Injury and Criminal Defense Lawyers

Speak to our experts.

TALK TO OUR ATTORNEY

FREQUENTLY ASKED QUESTIONS ABOUT CONSTRUCTION ACCIDENT CASES IN MASSACHUSETTS

1. How much does it cost to hire a construction accident lawyer in Massachusetts?

Nothing upfront. We work on contingency. Workers’ compensation cases charge a percentage approved by the DIA judge. Personal injury lawsuits charge 33% if settled before trial, 40% if at trial. No recovery equals no fee. We advance all costs and only get reimbursed if you win.

2. What if I was partially at fault for my construction accident?

You can still recover. Workers’ compensation is “no-fault,” meaning you’re entitled to benefits even if partially negligent unless intoxicated or intentionally self-injured. Personal injury lawsuits follow “modified comparative negligence” where you recover if less than 51% at fault, with damages reduced by your fault percentage.

3. What if my employer doesn’t have workers’ compensation insurance?

You still have rights. File with the Uninsured Employers Fund for the same benefits, or sue your employer directly for full damages including pain and suffering and punitive damages. Your employer faces substantial penalties and potential criminal prosecution. We help you choose the best strategy.

4. Can I still receive workers’ compensation if I’m undocumented?

Yes. Immigration status does NOT affect your right to workers’ compensation in Massachusetts. The law protects ALL workers regardless of citizenship or work authorization. Your employer cannot report you to immigration authorities in retaliation. We protect your confidentiality and rights.

5. What if I’m paid under the table in cash?

You’re still entitled to benefits. Being paid cash “off the books” creates challenges but doesn’t eliminate rights. Prove wages and employment through pay records, co-worker testimony, bank deposits, text messages, or photos. Your employer faces penalties for failing to report wages.

6. How long will my construction accident case take to resolve?

Workers’ compensation benefits can start within weeks if accepted. Disputed claims take 2-3 weeks to Conciliation, 4-6 months to Conference, 12-18 months to Hearing. Personal injury lawsuits take 6-12 months for simple cases, 2-3 years for complex cases, with trials adding 6-12 months.

7. What if the insurance company offers me a settlement?

Do NOT accept without speaking to an attorney first. Insurance companies make early offers to save money before you understand full injury extent. Once accepted, you typically cannot reopen your case if conditions worsen or seek additional benefits. Let us review any offer at no cost.

8. Can I be fired for filing a workers’ compensation claim?

No. Massachusetts law (M.G.L. c. 152 Section 75B) prohibits retaliation. Employers cannot fire, threaten, or discriminate against workers who file. If retaliation occurs, you have a separate wrongful termination lawsuit for lost wages, emotional distress, and potentially punitive damages.

9. What if my construction accident occurred years ago and I didn’t file a claim?

You may still have time. Massachusetts provides 4 years to file workers’ compensation claims from injury date and 3 years to file personal injury lawsuits against third parties. Contact us immediately if within these deadlines. Some exceptions may apply. Don’t assume it’s too late.

10. How much is my construction accident case worth?

Value depends on average weekly wage, age, degree of permanent disability, ongoing medical needs, and ability to return to work. Personal injury lawsuits add pain and suffering, full lost earning capacity, and loss of enjoyment. Every case is unique. We provide honest evaluations during free consultations.

11. What if I don’t speak English well?

Language is NOT a barrier. We work with clients in Spanish, Portuguese, and other languages, use professional interpreters when needed, translate all important documents, and ensure you fully understand your case. Your right to compensation doesn’t depend on English proficiency.

12. Can I sue the equipment manufacturer if defective equipment caused my construction accident?

Yes. If defective scaffolding, power tools, safety equipment, or machinery caused your injury, you can sue the manufacturer, distributor, or rental company. Massachusetts follows “strict liability” requiring only proof that the product was defective, the defect caused injury, and you used it as intended.

13. What if I’m concerned about how my employer will react if I file a claim?

Massachusetts law prohibits retaliation for filing workers’ compensation claims. Your employer cannot fire, threaten, or punish you. Workers’ comp insurance pays benefits, not your employer directly. If threatened, document everything and report it immediately. Your health matters more than employer comfort.

14. Can I choose my own doctor for treatment after a construction accident?

Partially. You can see any doctor for emergency and initial treatment. For ongoing workers’ compensation treatment, the insurance company can direct you to approved providers after the first visit. For non-workers’ comp treatment with health insurance, you choose your own doctors.

15. What happens if my employer or the insurance company disputes that my injury is work-related?

This is common. We build your case by gathering medical evidence showing the injury occurred at work, collecting witness testimony from co-workers and supervisors, documenting the timeline, and presenting your case to the DIA. We cross-examine insurance witnesses and present medical experts.