St Louis Construction Accident Lawyer
Construction sites can be dangerous places. Construction works vary in size and scale. Construction duties typically include demolition repairs, installations, and improvements. Regardless of the scope of the project, large building equipment, heavy materials, debris, or uneven surfaces could pose a safety hazard on-site to the individual.
In construction accidents, there may be injuries or deaths in or around construction sites that could lead to a workers’ compensation claim. That’s why the federal government provides strict guidelines via OSHA regulations to prevent injuries.
If you were hurt in a construction accident in St. Louis, MO, a construction accident attorney could help you protect your workers’ compensation claim. Don’t count on your employer’s workers’ compensation carrier to give you the benefits you rightly deserve. You may be entitled to additional compensation through a third-party lawsuit to recover damages and more.
Hipskind & McAninch, LLC can assist your fight for maximum compensation. Contact our law office to schedule a free consultation with a St. Louis construction accident lawyer. Our St. Louis construction accident attorneys are standing by to help you understand your options.
Construction Accident Data
Construction professionals have one of the most hazardous jobs. Construction accidents are the number one cause of workplace deaths. They’re also one of the top causes of serious work-related injuries. 15% of all workers’ compensation claims are for construction site injuries and deaths.
In 2019, there were 5,333 people killed on the job in the United States. One out of every five fatalities involved construction employees. 150,000 injuries are the result of a construction site accident each year. Workers ages 25 to 34 are most likely to suffer a construction site accident injury.
In Missouri, there were almost 91,000 workplace-related injuries and 118 fatalities in 2020. More than 4,000 were at construction sites, and 20 of the 118 fatalities were in the construction industry.
St. Louis County had more construction injuries than any other county in the state. In 2020, over 25 workplace deaths and more than 17,700 workplace injuries were in St. Louis County alone. Accident injury professionals suggest that injured construction workers contact a St. Louis personal injury lawyer for experienced representation.
Common Accidents For Construction Workers in St. Louis MO
Since construction is so dangerous, each year, construction accident injuries, and fatalities occur. That’s why the health of construction employees is paramount. When construction sites fail to follow the proper precautions, there is an increased chance of a construction accident injury or fatality.
Construction Accident Causes
Construction sites are inherently dangerous, and workers face many hazards on the job. These dangers include but aren’t limited to electrocution hazards, trip hazards, open trenches, falls from heights, and heavy machinery and tools.
Over 60% of construction fatalities are attributed to the following four causes:
- Falls from scaffolding, roofs, ladders, and falls into open trenches
- Fatalities and serious injuries may happen when someone is hit by an object or vehicle
- Electrocution poses a risk to all workers on a construction site
- Caught in or between objects. Most injuries sustained in construction accidents involve heavy machinery.
Slip and fall accidents are also common on construction sites. These typically involve extension cords, slippery surfaces, defective scaffolding, insufficient fall protection, and more. Power tools and machinery can cause injury due to improper use, a lack of safety equipment or protection, poor training, and defects.
Construction specialists often perform their duties in highly risky situations. This leaves them vulnerable to injury or death. Therefore, you deserve compensation even if you’re a contractor who has been injured in a construction accident because of an injury or illness resulting from a construction accident.
If you need a St. Louis, MO legal professional to hold the construction company responsible for your injuries suffered, contact Hipskind & McAninch, LLC today for a free case evaluation. At your free consultation, you’ll discuss your personal injury case with an experienced St. Louis personal injury attorney.
Construction Worker Accident Injuries
If you work a construction job, many types of accidents can lead to severe damage and injuries. In construction accidents, many suffer injuries that require medical care, physical therapy, and surgical procedures. Your lost wages and medical expenses add up quickly.
Construction accident victims can suffer the following injuries:
- Back injuries
- Brain injuries
- Catastrophic injuries
- Crush injuries
- Eye injuries or vision loss
- Hearing loss
- Occupational illness
- Repetitive strain injuries
- Spinal cord injuries
- Traumatic brain injuries
Your St. Louis construction attorney can advocate for you with the insurance company, construction company, and Missouri workers’ compensation insurer to ensure that you get all of the compensation that you deserve. We are not afraid to fight the insurance company for the maximum value of your claim.
MO Workers’ Compensation and Construction Accident Damages
Missouri workers’ compensation laws are designed to compensate workers when they are injured on the job. Missouri laws don’t consider fault in workers’ comp cases. That means if you’ve been injured while on the job in St. Louis County, St. Louis construction accident lawyers can help you receive compensation even if you’re at fault.
St. Louis, MO workers’ compensation law helps injured workers recover a portion of their expenses when they have to miss work or pay medical expenses. Occasionally, injured workers have to pursue damages from third parties to get the necessary workers’ comp claim support they need.
Unfortunately, workers’ compensation claims exclude non-economic damages. So if you require assistance filing a third-party injury claim, contact us today. Sit down with one of our experienced St. Louis third-party injury claim specialists for a free case evaluation right away.
Determining Fault in Construction Accidents
Workers injured in construction projects may have to pursue alternative means to recover the damages they seek. Workers’ compensation is a no-fault system. That means you are not required to prove negligence to recover workers’ compensation benefits.
However, you will need to prove negligence if you file a claim against a third party. Workers’ compensation law prevents you from suing your employer after a construction accident. Even so, you may have a third-party negligence claim against a construction contractor, a co-worker, subcontractor, manufacturer, or other parties.
If worker’s compensation doesn’t provide enough relief and you need to file a claim against another party, you’ll need to prove the party was negligent to recover compensation. Missouri liability laws require that victims demonstrate that the third party owed you a duty of care but breached that duty, causing your accident and injuries to occur.
Severe injuries can lead to lost wages, medical bills, future lost income, a workers’ compensation case, and more. Our St. Louis accident lawyers can identify liable parties to your accident and help determine what caused your injuries.
Missouri law 537.348 specifies that land owners are required to repair or notify visitors about dangerous conditions. A Missouri construction accident lawyer can help you file a premises liability claim when you’ve suffered an accidental injury due to negligence at a construction site.
Construction companies and property owners have a responsibility to protect you against harm. If they fail to do this, you could be entitled to damages through a workers’ claim or a premises liability claim. Hipskind & McAninch, LLC can use their experience across the different practice areas of tort law to protect your workers’ rights.
St. Louis Construction Accident Attorney Roles
Construction worker injury claims contain unique injury compensation limits. Most construction accident claims are covered under workers’ compensation. All St. Louis employers employing up to five employees are required to provide workers’ compensation coverage to compensate workers injured at work.
Your construction injury lawyer will represent your construction workers’ compensation claim to help you get compensated. Their legal services can also be advantageous when proving fault in third-party claims.
Insurance companies are focused on keeping your payouts as low as possible. That’s why you need an attorney with experience across all the relevant practice areas to represent your claim in negotiations or in court.
St. Louis Construction Accident Attorneys Can Help
Injuries at work can change your life entirely. Imagine you experience an amputation as a result of a construction site incident, this could mean that you will be unable to get back on your job, and that will strain your financial resources and affect your family financially.
Once you factor in medical expenses, lost wages, and pain and suffering, your stressful accident can become even more overwhelming. When injured at work, consider working with one of our adept St. Louis construction injury lawyers at Hipskind & McAninch, LLC.
St. Louis Construction Accident FAQs
St. Louis County construction conditions can cause significant accidents. If just one safety precaution isn’t followed or properly implemented, the chances that someone will get killed increase dramatically.
Missouri has an average of over 44,000 construction accident cases annually. The U.S. Department of Health and Human Services estimates that about 900 construction accident deaths occur nationally every year. That’s one too many. Read on for more information about how our attorneys help those dealing with construction injury setbacks:
When you are injured while working as a construction worker, contact your employer in writing and inform them of your accident. You must provide your employer with the names of those involved, and you have 30 days to notify your employer about the accident.
Many construction accidents are covered under MO workers’ compensation. An experienced injury defense firm can make sure you file your claim correctly. Although workers’ compensation is intended to help workers injured on the job, many insurers look for reasons to offer less compensation. Hiring an attorney can help ensure you have access to maximum compensation.
Construction accident claims can be confusing because of Missouri workers’ compensation laws. A construction accident attorney can help you determine what type of compensation to expect for your injuries.
Since Missouri employers with more than five employees must have workers’ compensation insurance, hiring a construction accident attorney can help you make sure you file your claim against the responsible party.
Construction is one of the most dangerous professions there is. In 2019, U.S. construction worker fatalities rose to 5%, totaling 1,061 deaths. The U.S. Bureau of Labor Statistics reports that this is the highest number of worker deaths since 2007.
Construction workers face a multitude of dangers each day. Heavy machinery, slippery surfaces, chemicals, electricity, and vehicles are some of the many hazards construction workers face. St. Louis is an evolving city, and that growth leads to car accidents, construction accidents, and more.
According to the data provided by the Occupation Safety & Health Administration, U.S. Bureau of Statistics, the type of work that a skilled laborer does on the construction site has an impact on the rate of fatalities and injuries.
Specialty trade laborers — individuals who lay foundations or work with concrete, rock, lumber, or metal structures — are about 48% of construction workplace injuries and fatalities. Heavy and civil engineering professionals who are responsible for roads, bridges, sewers, and utility work account for 17% of construction site fatalities.
Residential construction professionals (single-family home builders) account for 16% of construction site fatalities yearly. Also, 12% of construction deaths were related to licensed heavy equipment operators. Another seven percent of construction fatalities were reported for workers who specialized in flooring, painting, and inside esthetic finishing services.
When an injured worker has sustained injuries in construction accidents, you may have to claim worker’s compensation for medical and financial expenses. Missouri’s Department for Employment & Labor specializes in helping people who suffer injuries at work.
Ask your construction accident attorney if you’re also eligible to obtain compensation for a construction injury through a negligence or product liability claim. Workers’ compensation offers the following benefits:
- Medical benefits to pay for medical bills and future care
- Temporary partial disability (TPD) and temporary total disability (TTD)
- Permanent partial disability (PPD) and permanent total disability (PTD)
Each benefit has a cap based on the Missouri average weekly wage (AWW). Some injuries are eligible for higher payments. For permanent disability, benefits are based on your AWW and your disability rating.
When filing a claim against a negligent third party, you can recover damages for:
- Lost earnings not available through workers’ compensation
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
The skilled team at Hipskind & McAninch, LLC can investigate your case to identify all possible avenues for compensation. We aim to recover all of the compensation available to you from all the liable sources.
Construction sites can cause nearby individuals to travel through hazardous conditions and materials. If an accident occurs due to a construction work accident, a plaintiff can claim compensation from a contractor if they are injured. Speak with an experienced attorney about filing a premises liability claim.
Employees have 30 days from the accident or discovery of the injury to notify their employer. If you have an accident, you have a two-year period to file a workers’ compensation claim. These laws may vary depending on the plaintiff, so don’t hesitate to speak with a St. Louis personal injury attorney right away.
Sometimes a construction accident victim can seek legal action against a third party. Third-party claims rely heavily on evidence. Victims must prove that the third parties were acting improperly under the circumstances and therefore caused the accident and injury to occur.
Construction companies must comply with strict regulatory and inspection requirements and maintain a regular schedule of inspections. If you’re looking to recover money for a third-party claim, speak with a third-party claims specialist at Hipskind & McAninch, LLC now.
If you are entitled to seek damages from a third party, file a personal injury lawsuit within five years of your accident. The MO statute of limitations is strict, and you will not be able to recover compensation once you miss the deadline.
Every personal injury claim is distinctive. The value of your injury case will depend on many factors. Our construction accident lawyers will investigate the following questions to get a sense of the value of your case:
- Did a negligent third party contribute to your accident?
- Were you left disabled or impaired by your accident?
- Were you left disfigured or with the loss of a limb?
- What is your average weekly wage?
- What type of injuries did you sustain, and how severe were they?
For workers’ compensation benefits, the value of your claim will depend on:
- Missouri workers’ compensation benefits
- The maximum amount of time they can be paid out
- Your average weekly wage
- Missouri’s benefit cap
Most employers that have fewer than five employees don’t carry workers’ compensation insurance, but construction firms must do so. Missouri’s compensation laws cover all workers, whether full-time, part-time, or seasonal.
Workers’ compensation benefits continue until you have achieved the minimum medical improvement. That’s why construction project professionals suggest working with a highly skilled construction attorney to ensure you get access to assistance throughout your full recovery.
A skilled workers’ compensation lawyer can handle all these important matters for you. You may be able to file your claim without the assistance of an attorney, but the process can be lengthy, complex, and requires knowledge of federal and state laws.
Approaching negotiations with insurance companies and employers without an attorney could put you at a disadvantage. Hipskind & McAninch, LLC have represented injury construction victims. Whether you were injured in a construction accident, slipped and fell while on a site, or were the victim of a falling item, our seasoned legal team can review your case and provide sound legal advice.