Springfield Construction Accident Attorney

Construction Accident Claims in Missouri

Many people go to work every day, but few face as high of risk of danger in their daily jobs as construction workers. Data from the federal Occupational Health and Safety Administration (OSHA) shows that of the 3,929 workers killed on the job in 2013, approximately 796 were construction workers. This means that out of all industries in the United States, construction causes more than 20%, or one in five, of all worker deaths.

There are many reasons to hire an attorney after a construction accident. Often, it’s beneficial to discuss your options with a professional who can help protect your rights and interests as you move forward. Our team at Aaron Sachs & Associates, P.C. has over *200 years of collective legal experience. We understand the world of workers’ compensation: contact us today to find out if we can help you.

To schedule a complimentary consultation at our firm, or to learn more about how we may be able to defend your rights and interests after a construction accident, call Aaron Sachs & Associates, P.C.

Leading Causes of Construction-Related Injuries

A construction accident refers to any unexpected incident that occurs on a construction site, causing injury, illness, property damage, or even death. Construction sites are inherently hazardous due to the presence of heavy machinery, power tools, high elevations, and potentially dangerous materials. Despite strict safety regulations, accidents still occur due to various factors such as human error, equipment failure, or unsafe working conditions.

Common types of construction accidents include:

• Falls from Heights: Falls occur when workers lose balance or slip while working on ladders, scaffolding, or rooftops. These accidents are often caused by inadequate fall protection or unstable surfaces.
• Slip, Trip, and Falls: Workers may slip on wet surfaces or trip over tools and debris, leading to falls. Poor housekeeping and failure to mark hazardous areas often contribute to these accidents.
• Struck-By Objects: Workers are at risk of being hit by falling, flying, or swinging objects on construction sites. These incidents typically happen when materials or tools are not properly secured.
• Electrocutions: Electrocutions occur when workers come into contact with exposed wiring, power lines, or malfunctioning equipment. Improper grounding and lack of electrical safety procedures often lead to these incidents.
• Caught-In/Between Accidents: These accidents happen when workers get trapped or crushed between equipment, materials, or collapsing structures. They often occur during trenching, excavation, or heavy machinery operations.
• Machinery Accidents: Workers can be injured when using unguarded or defective machinery. These accidents are often due to insufficient training or failure to follow safety protocols.
• Scaffolding and Ladder Accidents: Scaffolding collapses or ladder falls can result from improper setup or overloading. Regular inspections and adherence to safety standards can help prevent such incidents.
• Trench and Excavation Collapses: When trenches or excavations cave in, workers may become trapped or buried. Lack of proper shoring, unstable soil, and failure to follow safety guidelines are common causes.
• Exposure to Hazardous Substances: Workers may inhale or come into contact with toxic chemicals, asbestos, or fumes. Long-term exposure can lead to severe respiratory and health problems.
• Fires and Explosions: Fires and explosions can occur due to gas leaks, electrical faults, or improper handling of flammable materials. These incidents pose a high risk of severe burns and fatalities.
• Vehicle and Equipment Accidents: Accidents involving construction vehicles and heavy equipment can result in serious injuries. Operator error, lack of training, and poor visibility are frequent causes.

Many of these accidents are caused by unsafe situations and violations of OSHA safety standards. When workers are subjected to conditions that are not up to code, their bosses, supervisors, and managers put them at risk. If you or someone you love was hurt in a construction site accident, contact the Springfield attorneys at Aaron Sachs & Associates, P.C. to find out if we can help.

FAQs About Construction Accident Claims in Missouri

What should I do immediately after a construction accident in Missouri?

After a construction accident, your first priority should be seeking medical attention, even if your injuries seem minor. Notify your supervisor or employer about the accident as soon as possible and ensure they document the incident. Gather evidence by taking photos of the accident scene, your injuries, and any equipment involved. If there were witnesses, get their contact information as their statements may be valuable later. Finally, consider speaking with a qualified attorney who specializes in construction accident claims to protect your rights and guide you through the claims process.

Can I file a workers’ compensation claim after a construction accident in Missouri?

Yes, most injured workers in Missouri are eligible to file a workers' compensation claim after a construction accident. Workers’ compensation provides benefits for medical expenses, lost wages, and rehabilitation costs, regardless of who was at fault for the accident. However, to qualify for benefits, you must report the injury to your employer within 30 days and file a claim with the Missouri Division of Workers’ Compensation within two years of the accident. Workers’ compensation typically covers employees but may not apply to independent contractors, so it’s important to verify your classification.

Can I sue my employer for a construction accident in Missouri?

In most cases, Missouri law prevents employees from suing their employer directly due to the workers’ compensation exclusive remedy rule. Workers' compensation is designed to cover medical costs and lost wages without requiring proof of fault. However, if the accident resulted from intentional harm or egregious negligence by your employer, a lawsuit may be possible. Additionally, if a third party, such as an equipment manufacturer or subcontractor, contributed to the accident, you may have grounds for a personal injury lawsuit against them.

What if a third party caused my construction accident?

If a third party, such as a subcontractor, property owner, or equipment manufacturer, caused your injury, you may be able to file a third-party personal injury lawsuit. Unlike workers’ compensation, a third-party claim allows you to pursue compensation for pain and suffering, emotional distress, and other damages not covered by workers’ comp. These claims can be more complex and require proving negligence or fault, so consulting an experienced construction accident attorney is essential to assess liability and maximize your compensation.

What compensation can I recover from a construction accident claim?

If you file a workers’ compensation claim, you may receive benefits covering medical treatment, lost wages, and disability payments. However, if you file a third-party lawsuit, you may be entitled to additional compensation, including pain and suffering, emotional distress, loss of future earning capacity, and punitive damages in some cases. The amount of compensation depends on the severity of your injuries, the impact on your life, and the level of negligence involved in causing the accident.

How long do I have to file a construction accident claim in Missouri?

The statute of limitations for filing a workers’ compensation claim in Missouri is two years from the date of the accident or the last payment of benefits. However, if you are filing a third-party personal injury lawsuit, Missouri’s statute of limitations generally allows five years from the date of the accident to initiate legal action. Failing to file within the applicable time frame may result in losing your right to pursue compensation, so it’s best to act quickly and consult an attorney.

What if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you have the right to appeal the decision through the Missouri Division of Workers’ Compensation. Denials may occur due to missed deadlines, insufficient evidence, or disputes over whether the injury is work-related. You can request a hearing before an administrative law judge to present evidence and argue your case. Having legal representation during this process can significantly improve your chances of a favorable outcome.

Do I need an attorney for a construction accident claim in Missouri?

While it’s not mandatory to hire an attorney, having legal representation can greatly improve your chances of receiving maximum compensation. Construction accident claims often involve complex legal issues, including workers’ compensation laws, third-party liability, and negotiation with insurance companies. Our Springfield construction accident attorney at Aaron Sachs & Associates P.C. can help you gather evidence, meet deadlines, and pursue both workers’ compensation and third-party claims to ensure you receive full compensation for your injuries.

Contact us today at (888) 287-1046 to schedule a free consultation with our team.