Construction Accident Attorneys in St. Louis

St. Louis Construction Accident Attorneys

Legal Guidance for Serious Construction Site Injuries

Construction sites bring multiple workers, contractors, subcontractors, property owners, equipment suppliers, and insurers into the same project. After a serious injury, identifying the legal path can be as important as determining how the accident happened.

At Sedey Harper Westhoff, we represent individuals, not employers, corporations, or insurance companies. Our attorneys bring more than 40 years of experience in personal injury and employment matters and provide individualized guidance based on the worker’s injuries, employment relationship, companies involved, and available evidence.

A construction injury may involve workers’ compensation, a separate claim against a negligent third party, or both. We evaluate those issues together so injured workers can understand which legal options may apply without treating every jobsite accident the same way.

Construction Accidents We Evaluate

Construction injuries can result from many different site conditions and work activities. The way an accident occurred can affect which companies, records, safety responsibilities, and insurance policies need to be investigated.

Common construction accidents include:

• Falls from roofs, scaffolds, ladders, or other elevated work areas
• Workers struck by falling materials, equipment, or moving vehicles
• Workers caught in or between machinery, equipment, or collapsing materials
• Trench and excavation collapses
• Electrocution and electrical injuries
• Crane accidents
• Forklift and material-handling accidents
• Accidents involving defective tools, machines, or safety equipment

A serious construction accident can cause fractures, burns, traumatic brain injuries, spinal injuries, crush injuries, amputations, and other conditions that can affect a worker’s health and ability to return to a physically demanding trade.

Workers’ Compensation and Third-Party Claims in Missouri

One of the most important questions after a construction injury is which claim system applies.

Missouri construction-industry employers generally must maintain workers’ compensation coverage when they have one or more employees, subject to applicable statutory exemptions and coverage rules.

For a compensable work injury, workers’ compensation can provide benefits without requiring the employee to prove that the employer was negligent. Workers’ compensation also generally limits ordinary civil claims against a covered employer.

That does not necessarily mean workers’ compensation is the only legal issue.

A separate third-party claim may be available when someone other than the employer contributed to the accident. Depending on the facts, a third party could include:

• A general contractor or subcontractor
• A company controlling a different part of the worksite
• An equipment or machinery manufacturer
• A maintenance or service provider
• A supplier
• A property owner or other entity with a legally relevant duty

A worker may therefore have both workers’ compensation benefits and a separate personal injury claim. Those proceedings can interact. Missouri law gives employers or workers’ compensation carriers subrogation rights in certain recoveries from responsible third parties, so the effect of one claim on another should be evaluated before a settlement is finalized.

Who May Be Responsible for a Construction Site Injury?

Construction projects often involve overlapping contractual duties and different levels of control.

Liability cannot be determined simply from a company’s title on the project. An investigation may need to determine:

• Who controlled the work that led to the accident
• Who created or knew about the dangerous condition
• Which company supplied or maintained the equipment
• Who was responsible for training or supervision
• Whether another contractor’s work exposed the injured person to danger
• Whether a defective product contributed to the injury

When machinery or equipment may be defective, the incident can also raise a separate product liability issue.

Contracts, photographs, inspection records, safety documents, witness accounts, equipment information, and incident reports can help establish how responsibilities were divided and what happened before the injury.

Evidence Can Change Quickly on an Active Construction Site

Construction sites do not remain frozen after an accident.

Equipment can be moved or repaired. Temporary barriers can be removed. Work crews can change. Materials can be relocated, and witnesses may leave the project.

Depending on the accident, useful evidence may include:

• Photographs and video
• Witness information
• Incident and accident reports
• Training and safety records
• Inspection records
• Equipment maintenance records
• Contracts and subcontractor agreements
• Worksite communications
• Medical records and work restrictions

Preserving available evidence early can make it easier to understand which company controlled the relevant work and whether a third-party claim should be investigated.

Missouri Workers’ Compensation Deadlines Are Different From Civil Lawsuit Deadlines

Construction workers should not assume that every claim has the same deadline.

Missouri workers’ compensation generally requires written notice of a work injury within 30 days, although statutory exceptions may apply. A formal workers’ compensation claim generally must be filed within two years, with a longer period available in certain circumstances when an employer fails to file a required injury report.

A separate personal injury lawsuit follows different limitation rules.

The important point is that reporting an accident to a supervisor does not automatically resolve every deadline that could apply to every legal claim. Workers should identify which claim paths may exist and address the applicable requirements based on the specific accident.

Damages in a Third-Party Construction Accident Claim

Workers’ compensation benefits and damages in a third-party personal injury lawsuit are not identical.

When the evidence supports a separate negligence or product liability claim, recoverable damages may include:

• Past and future medical expenses
• Lost income
• Reduced earning capacity
• Physical pain
• Emotional harm
• Physical impairment
• Scarring or disfigurement
• Other documented losses related to the injury

The available damages depend on the legal claim, medical evidence, employment history, future limitations, and proof of responsibility.

Punitive damages are different from ordinary compensatory damages and are not available simply because an accident was serious. Missouri requires a heightened evidentiary and procedural standard before punitive damages may be pursued.