Missouri Construction Site Accidents: Who’s Liable and How to Seek Compensation

Construction sites are among the most dangerous workplaces in Missouri. If you’ve been injured while working on a construction project, understanding your rights and knowing who bears responsibility for your injuries can make the difference between a denied claim and full compensation.

The Reality of Construction Site Dangers in Missouri

Construction work carries serious risks. Every day, Missouri construction workers face hazards that can result in life-changing injuries or death.

The numbers tell a sobering story. According to the Bureau of Labor Statistics, the construction sector has the most workplace fatalities nationwide. In 2023 alone, 1,075 construction workers died on the job, with 421 of those deaths related to slips, falls, and trips. Missouri itself had 114 tragic deaths across workplaces in 2023.

These aren’t just statistics. Behind each number is a worker who went to a job site expecting to return home safely. Behind each injury is a family facing medical bills, lost wages, and an uncertain future.

Common Construction Site Accidents in Missouri

Construction site injuries happen in various ways. Understanding the most common types of accidents can help you recognize when safety violations may have contributed to your injury.

Falls from Heights

Falls remain the leading cause of construction fatalities in the US. Workers on roofs, scaffolding, ladders, and elevated platforms face constant risk. Even falls from relatively low heights can cause severe injuries, including broken bones, spinal cord damage, or traumatic brain injuries.

The Occupational Safety and Health Administration (OSHA) identifies falls as one of the “Fatal Four” construction hazards. Despite strict regulations requiring fall protection for workers at heights over six feet, violations remain common.

Struck-By Accidents

Tools, materials, and equipment falling from above can strike workers below with devastating force. Even with hard hats, workers can suffer traumatic brain injuries, neck injuries, or broken bones when struck by falling objects.

Caught-In or Caught-Between Accidents

Workers can become trapped between equipment, in trenches, or under collapsed structures. These accidents often result in crushing injuries, amputations, or asphyxiation. Trench collapses, in particular, can be fatal within minutes.

Electrocution

Exposed wiring, contact with power lines, or faulty equipment can lead to severe burns, cardiac arrest, or death. Electrical hazards are especially dangerous in wet conditions common on construction sites.

Machinery Accidents

Cranes, forklifts, bulldozers, and other heavy equipment cause serious injuries when operators lack proper training or when equipment malfunctions. These accidents can result in crushing injuries, amputations, or death.

Fires and Explosions

Improper handling of flammable materials, gas line ruptures, or welding accidents can trigger fires or explosions, causing severe burns and respiratory damage.

Who Can Be Held Liable for Your Construction Site Injury?

Determining liability in construction accidents is complex. Multiple parties may share responsibility for your injuries, and identifying all liable parties is crucial for maximizing your compensation.

Your Employer

Under Missouri Revised Statute (RSMo) 287.030, construction companies with even one employee must carry workers’ compensation insurance. This makes Missouri’s requirements stricter than many states, which typically require coverage only after five employees.

Workers’ compensation provides benefits regardless of fault. You don’t need to prove your employer was negligent. Under Missouri Revised Statute 287.120, your employer is liable to furnish compensation “irrespective of negligence” for injuries arising out of and in the course of employment. This no-fault system provides quick access to benefits but prevents you from suing your employer directly in most cases.

However, workers’ comp benefits are limited. They cover medical expenses and a portion of lost wages but don’t compensate for pain and suffering or punitive damages. If your injuries and losses are substantial, it’s worth consulting an attorney to see other legal remedies outside of workers’ comp that may compensate you as fully as possible.

General Contractors

General contractors oversee entire construction projects and bear responsibility for overall site safety. If a general contractor fails to implement proper safety protocols, provides inadequate training, or ignores known hazards, they may be liable for injuries to workers employed by subcontractors.

Subcontractors

Subcontractors must maintain safety within their specific work areas. When a subcontractor’s negligence causes injury to another company’s worker, the injured worker may have grounds for a third-party claim against that subcontractor.

Equipment Manufacturers

Defective tools, machinery, or safety equipment can lead to serious injuries. Product liability claims can be filed against manufacturers, distributors, or retailers when:

• Equipment fails due to design defects
• Manufacturing defects make equipment unsafe
• Inadequate warnings or instructions lead to injuries
• The equipment lacks the necessary safety features.

Property Owners

Under Missouri Revised Statute 537.348, property owners have a legal duty to repair or warn of hazardous conditions they know about or should have known about. Property owners may be liable when they fail to address known hazards on their property and this negligence results in injury.

Architects and Engineers

Design professionals can be held liable when their plans create inherently unsafe conditions. However, Missouri Revised Statute 287.150 provides some protection for construction design professionals unless they assume responsibility for safety or engage in actions outside their professional role.

Third-Party Drivers

If you’re injured by a vehicle not associated with the construction project, you may file a personal injury claim against that driver just as you would in any car accident case.

Understanding Your Rights: Workers’ Compensation Versus Third-Party Claims

Construction workers injured on the job often have two potential avenues for compensation: workers’ compensation benefits and third-party liability claims. Understanding both options is crucial for maximizing your recovery.

Workers’ Compensation Benefits

Workers’ comp provides immediate benefits regardless of fault. Under Missouri law, you’re entitled to:

• Medical benefits: This is full coverage for all necessary medical treatment related to your injury, including hospital visits, medication, surgeries, physical therapy or rehabilitation, and mobility aids. (RSMo 287.140).
• Temporary total disability: If your injury prevents you from working while recovering, you receive two-thirds of your average weekly wage (RSMo 287.170).
• Temporary partial disability: If you can perform light-duty work at reduced wages, you receive compensation for lost earnings (RSMo 287.180).
• Permanent partial disability: If your injury causes permanent impairment but you can still work, you receive compensation for permanent loss of function (RSMo 287.190).
• Permanent total disability: If your injury prevents you from returning to any work, you may receive weekly benefits for your lifetime or a lump-sum (one-time) settlement (RSMo 287.200).
• Death benefits: If a construction accident proves fatal, surviving dependents receive funeral expenses and weekly wage replacement (RSMo 287.240).

Under RSMo 287.420, you must report your injury to your employer within 30 days. Missing this deadline can jeopardize your claim.

Third-Party Liability Claims

When someone other than your employer causes or contributes to your injury, you can file a third-party claim in addition to your workers’ comp claim. This is where substantial additional compensation becomes available.

Third-party claims allow you to seek:

• Full lost wages, not just two-thirds
• Pain and suffering damages
• Emotional distress compensation
• Loss of enjoyment of life
• Punitive damages in cases of gross negligence.

Common third-party defendants in construction cases include equipment manufacturers, subcontractors, property owners, and negligent drivers.

Subrogation: What Happens When You Win Both Claims

Missouri law allows your employer’s workers’ compensation insurance company to seek reimbursement from your third-party settlement through a process called subrogation (RSMo 287.150).

Here’s how it works: If you win a third-party lawsuit, your workers’ comp insurer may claim a portion of that settlement to recover what they paid for your medical treatment and lost wages. However, you still keep compensation for pain and suffering, emotional distress, and any amounts exceeding workers’ comp benefits.

An experienced attorney can negotiate to reduce the amount workers’ comp can take from your settlement, maximizing what you keep.

Important Protections for Construction Workers

Missouri law provides several protections for injured construction workers:

• No retaliation: RSMo 287.780 prohibits employers from firing or retaliating against workers who file workers’ compensation claims.
• Waiver prohibition: RSMo 287.150 declares void any contract provision requiring construction workers to waive subrogation rights in advance. This protects your right to pursue third-party claims.

Independent Contractors: A Common Classification Problem

Many construction workers are misclassified as independent contractors when they should legally be considered employees. This misclassification can wrongly deny workers access to workers’ compensation benefits.

Missouri law examines several factors to determine worker classification:

• Who controls how the work is performed
• Whether the worker uses their own tools and equipment
• Whether the worker can work for other companies
• How the worker is paid
• Whether the relationship is ongoing or project-based.

If you’ve been denied workers’ comp because your employer claims you’re an independent contractor, don’t give up. An attorney can challenge this classification and fight for the benefits you deserve.

Taking Action After a Construction Site Accident

The steps you take immediately after an injury can significantly impact your ability to recover compensation.

1. Seek Medical Attention Immediately

Your health comes first. Get medical treatment right away, even if your injuries seem minor. Some serious injuries don’t show symptoms immediately. Medical records also create crucial documentation for your claim.

2. Report Your Injury

Notify your employer within 30 days as required by RSMo 287.420. Make sure to report in writing and keep a copy for your records.

3. Document Everything

If possible, take photos of:

• The accident scene
• Equipment involved
• Safety violations
• Your injuries.

Get contact information from witnesses. Keep copies of all medical bills, treatment records, and communication with your employer or insurance companies.

4. Don’t Give Recorded Statements

Insurance adjusters may contact you quickly, often requesting recorded statements. Be cautious. Their goal is to minimize what they pay, not to maximize your compensation. Speak with an attorney before giving any recorded statements.

5. Consult an Experienced Attorney Promptly

Missouri’s statute of limitations gives you five years to file a personal injury claim, but evidence disappears and memories fade. The sooner you consult an attorney, the better they can protect your rights and build your case.

How SK Law Can Help

Construction accident cases involve complex interactions between workers’ compensation law, personal injury law, premises liability, and product liability. You need an attorney who understands how these areas intersect and how to maximize recovery from all available sources.

The legal team at SK Law brings over 100 years of combined experience handling Missouri personal injury cases. The firm’s proven track record in securing substantial compensation for injured workers demonstrates their commitment to fighting for clients’ rights.

When you work with us at SK Law, we will:

Conduct a Thorough Investigation

Our firm investigates every aspect of your accident to identify all liable parties and gather evidence supporting your claim. This includes reviewing safety records, interviewing witnesses, consulting with experts, and documenting all violations.

File All Necessary Claims

Whether through workers’ compensation, third-party lawsuits, or both, our firm ensures all paperwork is filed correctly and on time, protecting your rights at every step.

Handle Insurance Companies

Insurance companies employ teams of lawyers and adjusters working to minimize what they pay. You need an attorney who won’t be intimidated and who knows how to counter their tactics.

Negotiate Subrogation

Our firm works to reduce what workers’ comp can take from your third-party settlement, maximizing what you keep.

Fight for Maximum Compensation

SK Law has earned a reputation as a top-rated firm in Missouri personal injury law. The firm’s case results demonstrate their ability to secure substantial compensation for injured workers.

Don’t Wait to Protect Your Rights. Call SK Law.

Construction site injuries can devastate your life and your family’s financial security. Medical bills pile up while you’re unable to work. Insurance companies pressure you to accept inadequate settlements. Without experienced legal representation, you risk leaving money on the table or losing your claim entirely.

You don’t have to face this alone. SK Law stands ready to fight for the compensation you deserve.

Call (636) 946-9999 today for a free consultation.

Our firm works on a contingency fee basis, meaning you pay no legal fees unless we win your case. You have nothing to lose and everything to gain by calling today.

Don’t let insurance companies take advantage of you. Contact SK Law now to protect your rights and secure your future.