St. Louis Construction Accident Attorneys
Fighting for Construction Accident Victims in St. Louis, MO
Construction is one of the most dangerous occupations in Missouri, with workers facing a multitude of potential hazards on the job. Construction accidents can be caused by anything from faulty equipment to hazardous working conditions and are often serious enough that they require medical attention or even result in fatalities. Construction companies are required to invest in workers’ compensation policies in this state, no matter how many workers they employ, so victims will often be entitled to benefits when they are injured while on the clock.
At SWMW Law, we understand the unavoidable risks construction workers take every day and are committed to helping them get the financial support they need when they are injured on the job. Our St. Louis construction accident lawyers have the skills and resources to successfully navigate workers’ compensation claims and will make every effort to get you the benefits you need and deserve. With over $750 million already recovered for our clients, you can rest assured we have what it takes to secure favorable outcomes in these cases. We will put your needs first and do everything possible to relieve your burden during this challenging time – because people matter, and your story matters to us.
You pay nothing unless we secure money for you, so schedule a free initial consultation by calling (855) 744-1922 or contacting us online today.
Are Construction Workers Eligible for Workers’ Compensation in Missouri?
Workers’ compensation insurance is meant to provide financial relief and protection to workers from all types of industries, no matter how inherently dangerous, should they become injured or ill while at work. The state of Missouri requires most employers with at least five employees to invest in coverage or become authorized to self-insure their employees.
The construction industry works a little differently. In Missouri, all construction companies must have a workers’ compensation policy or elect to self-insure, even if they only have one employee. This means that all construction workers are generally entitled to workers’ compensation benefits when they suffer injuries in an accident, even if they are a third-party contractor.
To qualify for workers’ compensation benefits as a construction worker, the accident you were injured in must be considered “work-related.” An accident is almost certainly work-related if it occurred at the job site, while you were performing job duties, or while you were on the clock. Accidents involving heavy machinery, explosions, falls from great heights, and slip and falls are common examples of work-related incidents that can potentially injure construction workers.
Note that repetitive stress injuries and occupational illnesses are also covered by workers’ compensation insurance, so if you develop an injury that arises over time versus in a single instance, you may still be covered. You are also likely eligible if you develop a disease caused by occupational factors, such as toxic exposure.
You do not need to prove fault to get workers’ compensation benefits. In fact, fault is not typically a factor: Even if you are partially or completely to blame for a construction accident, you can still qualify for benefits. The only exceptions are if your intoxication led to the accident or if you were deliberately trying to hurt yourself or someone else.
If you have questions about your eligibility for workers’ compensation, do not hesitate to reach out to our St. Louis construction accident attorneys. We can assess your circumstances and help you understand your legal options.
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If a construction accident appeared to be caused by an employer’s negligence – say, they refused to follow safety protocols or provide the appropriate safety equipment – you may be wondering if you can file a personal injury lawsuit against them. Unfortunately, construction workers usually cannot sue their employer for negligence, meaning workers’ compensation is usually the only available legal remedy. Keep in mind that this comes with an upside: You only need to prove your accident was work-related to access workers’ compensation benefits, whereas you must establish negligence in a personal injury claim to recover damages, which tends to be a much higher standard to meet. With that said, you cannot get compensation for non-economic damages like pain and suffering through a workers’ compensation claim.
If your construction accident was caused by someone other than your employer, you may be able to pursue a personal injury lawsuit against the “third party.” Your direct supervisor or fellow employees are not generally considered third parties. It may be in your best interest to explore a third-party lawsuit if you were injured due to a manufacturing defect, a design defect, or the actions of a driver not involved with the construction job. In many cases, you can simultaneously seek workers’ compensation benefits and damages from the negligent third party.
What Benefits Can a Construction Worker Receive through Workers’ Compensation?
To avoid losing access to workers’ compensation benefits, you must swiftly tell your employer about the accident and your resulting injuries. In Missouri, you can be denied benefits if you do not report a construction accident to your employer within 30 days of it occurring. Reporting as soon as possible, in writing, is prudent. Then, request medical care and reach out to our St. Louis construction accident lawyers, who can get to work on your claim.
The types of workers’ compensation benefits available to injured construction workers include medical care, disability payments, and death benefits. Medical care covers expenses related to the diagnosis and treatment of an injury, including hospital stays, medications, and physical therapy. Disability payments are issued when a construction worker is unable to work due to their injury and provide them with financial assistance while they recover. Death benefits can be provided in tragic cases where a construction worker has passed away due to a workplace accident or occupational illness. Our legal professionals understand the rights of construction workers (and their families) in these situations and will fight to get you maximum benefits.
SWMW Law also represents construction workers who were exposed to asbestos and subsequently developed mesothelioma nationwide. Contact us online or call (855) 744-1922 to discuss your case with a member of our team.
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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (855) 744-1922.