Construction Accident Lawsuit in Massachusetts

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Written By
People's Justice Legal Research Team

Statute of Limitations

Massachusetts: 3 years from injury for civil lawsuits; workers' comp employer notice within 30 days; formal claim within 4 years

3 years (civil lawsuit); report to workers' comp within 30 days

Filing Venue

Where to File in Massachusetts

Massachusetts applies modified comparative fault with a 51% bar (M.G.L. c. 231, § 85). Massachusetts's 4-year workers' comp claim filing period is one of the most generous in the country. Federal OSHA governs Massachusetts construction sites. Boston's construction market is one of the most active in the Northeast — major infrastructure projects, high-rise residential towers, hospital construction, and university campus development create substantial construction accident volume. Boston has high union density across all major trades, and union safety documentation is frequently available. Massachusetts Superior Courts handle civil construction accident claims.

Massachusetts Data

Exposure in Massachusetts

Source: Massachusetts Workers' Compensation Act, M.G.L. c. 152, § 41

Source: CPWR Construction Industry Data — Massachusetts

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