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Construction site accidents are among the most fatal ones in Missouri and the rest of the country. Even a minor accident could lead to catastrophic injuries.
Many companies prioritize safety in the workplace, which is excellent news. Unfortunately, many accidents are still likely to happen. Construction sites often involve a lot of people, machinery, and moving parts, which increases the odds of these unfortunate events.
Workers need to understand what their rights are if they ever get involved in an accident. Usually, the employee can seek compensation through a workers' compensation claim. This insurance policy offers benefits to people who become ill or get injured because of their job.
What if the compensation offered isn't enough to cover the victim's injuries? That's when an attorney comes in. The Powell Law Firm specializes in helping those dealing with construction site injuries. Those who want to seek justice for what happened will greatly benefit from a legal expert.
Below is a guide on how to navigate a construction accident, including how to file a workers' compensation claim and what to do if it gets denied or doesn't offer enough coverage for certain medical expenses.
How to Prove Fault After a Construction Site Accident
It's only necessary to prove fault during a third-party negligence claim. These may be convenient to consider if the workers' compensation benefits aren't enough to cover the victim's treatment.
Those who want to prove fault must first identify the liable parties and determine the root cause of the injuries.
Simply put, the victim must prove that the negligent party owed them a duty of care. Next, they must demonstrate that the other party breached that duty, which led to the victim's accident and injuries.
Proving fault is often complicated. In these cases, the best thing to do is to hire a professional attorney who can help them build a solid lawsuit.
Is It Necessary to Prove Liability for a Workers' Compensation Claim?
Missouri works with a no-fault insurance system for workers' compensation claims. In other words, the victim doesn't have to prove that anyone was at fault to receive benefits.
According to the Missouri Revised Statutes (287.120), workers' compensation is the "exclusive remedy" for those injured at work. Victims may not be able to sue after accepting workers' comp benefits.
There are a few exceptions to this rule. Victims may sue if:
The accident was caused by someone who isn't employed at the company that the victim was working at.
The employer doesn't have workers' compensation insurance although they're legally required to.
The victim is classified as an independent contractor instead of an employee. In this case, the victim can't pursue workers' compensation benefits.
Who Is Liable for a Construction Site Accident in St. Louis?
Victims could seek damages from the following parties:
Subcontractors
Coworkers
Third-party construction companies
Equipment manufacturers
Those who believe their accident was caused by someone else's negligence should seek legal help. The team at Powell Law can help evaluate the case and determine if there are grounds for a third-party claim. They can also share details on how to prove fault in a pedestrian accident in Missouri.
Are Construction Accidents Common in Missouri?
Unfortunately, yes. Many hazards can cause severe injuries to workers. Even those who commit to following safety guidelines and procedures are at risk of getting into an accident.
According to a study from the U.S. Bureau of Labor Statistics, the construction industry made up 46.2% of trips, falls, and slips that led to death in 2021. In total, there were about 1,015 recorded fatal injuries that year.
Regarding Missouri specifically, there have been 1,020 injury incidents plus three fatalities in 2024 only. The top five counties where these incidents happened include St. Louis County/City, Jackson, Clay, and St. Charles.
These statistics show how dangerous and frequent construction accidents are. The ideal thing to do is to prepare accordingly and follow all guidelines to prevent injuries as much as possible. However, it's also crucial to educate oneself on all the rules surrounding legal claims if an accident were to happen.
What Makes a Construction Site Dangerous for Workers?
Why are construction sites so dangerous? Most workers face plenty of dangers daily. Even a little mistake could lead to a fatal accident.
Some common factors that could lead to a workplace accident include:
Structural Collapses
These happen when:
Beams/columns stop working
Roofs/walls cave in
Foundations sink
In any of these cases, workers in these areas are exposed to excruciating injuries.
Electrocution
It happens when workers touch live wires on accident. These accidents are common for those working on power lines. Due to the nature of these accidents, they're one of the leading causes of death in the construction industry.
Falls
Many employees are likely to fall while working, especially when performing their duties on ladders, roofs, or scaffolding.
Depending on the height of the fall, the worker could sustain major injuries. Severe cases may lead to the person's death.
Unfortunately, falls are the leading cause of death in the construction industry.
Falling Objects
Falling tools and materials are a common cause of injury in the construction industry. These accidents also involve falling debris.
Overexertion
Overexertion happens when workers are pushed too hard physically. Usually, construction employees have to work under high temperatures, so if they don't have access to shade or hydration, they could pass out and sustain an injury.
Respiratory Problems
Exposing oneself to certain elements or minerals like asbestos can lead to fatal injuries. In the construction industry, the victim could develop Mesothelioma because of exposure to that mineral.
Machinery Problems
They may happen because of improper use, getting distracted, or other factors. Common accidents include:
Getting fingers and arms stuck between gears and moving belts
Being hit by moving equipment
Getting trapped between moving parts
It's also important to point out that most construction sites involve many people walking and moving at the same time. This increases the odds of an accident.
What Injuries Can Someone Get After a Construction Site Accident?
There's a wide range of injuries that people can suffer from after an accident. Those working in the construction industry could experience any of the following:
Crush injuries
Traumatic brain injuries
Back injuries
Amputations
Burns
Fractures
Vision/hearing injuries
Respiratory issues
Spinal cord injuries
Strain injuries
A person's medical bills or lost wages may increase depending on how severe the accident was. Some of these injuries may lead to expensive surgical procedures and long recovery periods. For more information, a personal injury lawyer in St Louis MO may be able to help.
What Damages Can Injured Construction Workers Recover?
People with a construction injury are entitled to workers' compensation insurance. The benefits include:
Medical bills
Lost wages
Temporary partial/total disability coverage
Permanent partial/total disability coverage
On the other hand, if the accident happened because of someone else's negligence, the victim may file a third-party claim. They allow them to seek compensation for:
Lost wages not covered by workers' comp
Pain and suffering
Physical damage
If the accident led to the victim's death, the surviving family members may seek death benefits through a claim.
How Much Time Do Victims Have to File Their Personal Injury Claim?
Injured workers must notify their supervisor or employer about their injury within 30 days if they want to seek workers' compensation benefits.
According to Missouri law, victims have two years from the date of the accident to also file their claim with the Department of Workers' Compensation.
What if the victim wants to file a personal injury claim? They'll have five years from the date of the accident to do it. This period is called the "Statute of Limitations."
Regardless of the case, victims must file their claims as quickly as possible. This helps preserve evidence and witnesses. Also, it gives lawyers the upper hand when negotiating.
If the victim waits too long to file their claim and misses their deadline, they'll likely lose their right to seek compensation for what happened.
Is It Necessary to Hire a Lawyer?
Hiring a construction site accident lawyer makes any case much easier for the victim. Most of the time, the injured worker has to deal with their injuries plus a legal claim. This causes a lot of unnecessary stress. Powell Law Firm can also explain how to prove fault for a slip and fall in Missouri.
Leaving the case to a lawyer, however, allows the victim to focus on their recovery while the legal expert does the rest. They'll take care of gathering evidence, talking to potential witnesses (if necessary), and negotiating with the other party to ensure the victim gets enough money to cover their medical expenses or lost wages.
It's especially important to hire a lawyer if the victim wants to file a personal injury lawsuit. As opposed to workers' compensation claims, the victim will have to prove liability/negligence to win. The team at Powell Law Firm will make this happen.
Bottom Line - Seek Justice with the Help of St. Louis Construction Accident Lawyers
Working with St. Louis construction accident attorneys ensures victims have the upper hand when negotiating with the other party. Sometimes, the settlement offered by the insurance company may not be enough to cover all of the victim's bills. That's when the attorney enters the stage.
Thanks to the help of a professional, victims can collect/preserve evidence, investigate the case thoroughly, and identify the liable parties after an accident. All of these factors lead to a successful claim that results in better compensation.
Dealing with a construction accident injury alone isn't fair, and the team at Powell Law is here to change that. Those looking for a reputable St. Louis construction accident attorney can seek a free consultation with this firm today.
The professional lawyers at Powell Law will get to the bottom of the case, ensuring the victim gets the justice they deserve.
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