In 2015, 114 (work related) injuries that resulted in fatalities were reported to the Missouri Division of Workers Compensation.
Accidents are a part of life…But the consequences can be incredibly serious in certain situations.
If it happens on a construction site, the consequences can be catastrophic.
We understand the gravity of these cases, and we litigate them with the vigor and persistence that each requires.
If you’ve suffered an injury from a construction accident, we have lawyers who can help you recover.
Compensation for Accidents
When an individual is seriously injured on a construction project, someone has to pay for it.
Our lawyers aggressively litigate against insurance companies, commercial entities and any other responsible parties to get you the recovery that you deserve.
Many times construction accidents are ripe for a worker’s compensation claim, and additionally, there may be recovery potential from third parties who caused the injury or created the situation that resulted in the injury.
We will guide you through the process of making a workers’ compensation claim and zealously defend your rights in the process.
The litigation process can be arduous and sometimes difficult, but we will be there beside you, aggressively representing you the whole way.
We pride ourselves in helping workers and their families put their lives back together after an accident.
Workers’ Compensation for Construction Accident Claims
Under ordinary circumstances, you should be entitled to pursue a workers’ compensation claim against your employer if you are injured in an accident on a construction project.
In Missouri, it’s critical for employers to know their legal duties as it pertains to accidents on the job.
For example, employers in Missouri have a legal duty to report the injury within 30 days after having knowledge of the injury. See http://labor.mo.gov/sites/default/files/pubs_forms/DWC2015AnnualReport.pdf
Additionally, the employer is responsible for reporting any injuries to its insurance carrier within five days of the date of the injury or within five days of the date on which the injury was reported to the employer by the employee, whichever is later. See http://labor.mo.gov/sites/default/files/pubs_forms/DWC2015AnnualReport.pdf
These are obligations of the employer, and the failure of the employer to take such necessary action may go to show a continuing course of negligent conduct.
The negligent conduct by the employer, depending on how egregious it is, could be your road to recovering for the pain and suffering that you or a loved one have experienced.
As each factual situation is different, you should always consult a St. Louis workers’ compensation attorney to determine your rights.
Who else is liable for the damages suffered in a Construction Accident?
While workers’ compensation may cover a portion of your claim, many times a construction worker’s injuries will not be fully compensated by workers’ comp coverage alone.
Thus, the worker can often bring a claim against the party who caused or who may be responsible for the accident.
Some of these claims may arise out of defectively manufactured equipment, failure to supervise, or negligent acts in the process, or some other conduct that falls below the standard of care that is owed by a company on a construction project.
These avenues may allow for greater recovery if you have an accident on a project, even if that accident is work-related, there may be additional coverage outside of the workers’ comp coverage.
What are Recoverable Damages from a Construction Injury?
These are damages that you would seek against the party responsible for your injury. Any recovery from a third party would be in addition to the recovery that you receive through workers’ compensation.
There may be some nuances in the law and set off depending on the facts of your case, so be sure to seek counsel from a lawyer before handling a worker’s comp claim yourself.
Obviously, whether you have the ability to obtain judgment from a third party is dependent upon the factual circumstances, but our lawyers will scrutinize the facts of your case to make a competent determination as to whether you are eligible.
Some of the damages that you can recover after an injury on a construction project are:
- Lost wages—these can be lost wages in the past as well as those that you lose as a result of the injury
- Lost earning potential or ability
- Pain & Suffering—this is a broad category but includes both physical and mental suffering from the aftermath of the accident
- Medical Bills (including hospital bills as well as costs to go through rehab, i.e., physical therapy)
- Punitive damages or treble damages
Injuries on a Construction Project
Construction projects are fraught with potential safety hazards that can harm or seriously injure the workers.
If the employer does not take proper measures to ensure the safety of its workers, then it often falls below the standard of care. Consequently, the employer subjects itself to liability.
Taking shortcuts or failing to implement proper safety procedure on a construction project runs the risk of OSHA violations as well as claims of negligence. Depending on the injuries, you could be dealing with significant amounts of damages.
As such, construction companies should pay close attention to the safety of its workers to not only prevent accidents and protect the safety of their workers, but also to preserve their company’s assets.
For those persons who have been injured on a construction site, please tell use about your accident–we can help you!