When Workplace Accidents Happen, Our Team Steps Up to Help
Construction workers have a physical and dangerous job, where life-changing injuries can happen in a moment. Working with heavy machinery and power tools is always dangerous, and on construction sites, victims are often left with brain damage, broken bones, and paralyzing damage to their spinal cord.
Because construction workers often face severe injuries, they may need an extensive recovery period during which they will not be able to earn any income. Their medical treatment needs are likely to compound already stretched finances. This is the exact problem workers’ compensation exists to solve.
However, applying for help is much easier than receiving a fair settlement offer. Our experienced attorneys have worked a collective 100 years, negotiating with insurers where possible and filing lawsuits for compensation when necessary. If you need assistance with your claim, reach out to see what we can do for you.
Our St. Louis workers’ compensation attorneys are ready to help the victims of serious work accidents.
Call us any time at (800) 391-4318 if you need help navigating the complex claims process.
Dangers on St. Louis Construction Sites
The construction industry is by far the most dangerous for employees. It’s responsible for roughly 1 in 5 American workplace fatalities each year: In 2018, over 1,000 construction workers were involved in fatal accidents. More than 75,000 others were injured. Machinery and construction materials are often involved in these accidents, but they alone cannot be blamed. A series of New York Times interviews with construction workers identified dangerous jobsite factors including a lack of training, rush jobs, and the fact that many employers do not provide proper protective equipment.
Even with safety measures and procedures in place, accidents occur on a regular basis. However, many worksites increase the danger by failing to follow rules set by the Occupational Safety and Health Administration (OSHA). Federal investigators found the top workplace violations between Oct. 2017 and Sept. 2018 were:
- Lack of fall protection
- Insufficient communication about workplace hazards
- Scaffolding that did not meet safety standards
- Lack of respiratory protective equipment
- Dangerous practices regarding electrical hazards
Federal standards exist to keep workers safe, and when employers break them—either knowingly or not—they are endangering everyone they have hired. You may be able to hold a company accountable if its failure to comply with these rules resulted in an injury.
Injury (and Fatalities) from Construction Accidents
With so many hazards around them, construction workers may suffer a variety of hurts ranging from mild to severe. The most common types of injuries are sprains, strains, and tears affecting workers’ ligaments, tendons, and muscles. Recovery may take weeks or even months, resulting in a major disruption to the victim’s income stream. Other common injuries (pain, lacerations or punctures, etc.) may have a shorter recovery period but can still drive employees to seek medical care they need but can’t afford.
It’s a company’s job to keep all workers safe—and though they may claim the blame lies with a negligent worker, in the end, all accidents reflect on the employer. Especially because there are (or should be) redundancies to maintain worker safety on these sites, one mistake is unlikely to cause a catastrophe. However, a combination of untrained workers, lax policies, poor communication, and an emphasis on profit over safety could cause a cascade of damages if a mistake is made.
Of course, workers’ compensation insurance is no-fault, meaning you can apply no matter what caused the accident. However, if a third party holds additional liability for one of the above factors, you might be able to sue for additional compensation.
Some of the most common construction accidents include:
- Falls from roofs, scaffolds, ladders, or cranes
- Being run over by heavy equipment
- Defective tools and malfunctioning equipment
- Electrical and wiring accidents, including electrocution
- Explosions and fires
- Forklift accidents
- Welding accidents
- Being struck by falling objects
- Crane accidents
- Trench collapse
What If Workers’ Comp Isn’t Enough to Cover Your Injury in St. Louis?
After a workplace accident, you are most likely entitled to file a claim for workers’ compensation, which Missouri law requires almost all companies to carry. Unfortunately, even if your claim is accepted the first time, workers’ comp insurers often do not award you an adequate payout to cover all your needs, including medical bills, lost wages, decreased earning potential, and rehabilitative costs.
Sometimes, this is because the insurer thinks they can get out of paying by challenging your claims. In other cases, the reimbursement rate for lost wages (two-thirds of your average weekly pay) simply does not cover all your expenses. If you are in this situation, we may be able to help you find additional sources of compensation. Third parties such as the construction manager, property owner, or general contractor may be liable for your injuries in addition to your employer.
How Does the Workers’ Compensation Process Work in St. Louis, MO?
If you have been injured on the job in Missouri, you must first report your injury to your employer within 30 days of the incident. Your employer will then provide information about approved medical providers, though you can choose your own doctor at your own expense.
Next, you will need to file an official workers’ compensation claim through the Missouri Department of Labor. State law gives you up to two years to file this claim, but earlier filing typically leads to a faster resolution of your case.
The legal process follows a structured path. First comes the pre-hearing phase, where your attorney will begin to prepare your case and gather evidence. This is followed by mediation, where a judge helps negotiate a settlement between parties. If necessary, a formal hearing occurs where both sides present evidence and arguments. If the outcome is unsatisfactory, you have the right to appeal the decision.
Working with a St. Louis construction accident attorney at Meyerkord & Kurth can make a significant difference throughout this process. Our lawyers will thoroughly review your medical records, consult with medical experts, interview witnesses, and build a comprehensive case in your favor.
What Benefits Can You Claim After a St. Louis Construction Accident?
After a construction accident, Missouri’s workers’ compensation system provides several types of benefits to help you recover financially while you heal physically. The benefits you qualify for depend on the severity of your injury, your ability to work during recovery, and whether you have sustained any permanent impairment:
- Temporary Disability Benefits: These cover a portion of your lost wages while you recover, typically equaling two-thirds of your pre-injury weekly earnings. You can recover benefits up to state-established maximums that are adjusted annually.
- Medical Treatment Coverage: Workers’ compensation pays for all reasonable and necessary medical care related to your work injury, including doctor visits, hospital stays, surgeries, physical therapy, and prescribed medications.
- Travel Expenses: You can receive compensation for necessary travel expenses when you are required to attend medical appointments outside your local area.
- Permanent Partial Disability Payments: If your injury results in permanent partial impairment but you can still work in some capacity, these benefits provide compensation based on a schedule of body parts and impairment percentages.
- Permanent Total Disability Benefits: For catastrophic injuries that prevent you from working permanently, you may qualify for permanent total disability. These benefits may continue for life and are calculated similarly to temporary disability payments.
- Disfigurement Awards: If your injury caused permanent disfigurement to visible areas like your head, neck, hands, or arms, you may receive additional compensation of up to 40 weeks’ worth of benefits.
How Can a St. Louis Construction Accident Attorney Help Your Case?
When facing the aftermath of a construction accident, having Meyerkord & Kurth on your side can make a major difference in your case. Your lawyer will fight tirelessly to secure the maximum compensation you deserve while you focus on recovery.
With over 40 years of serving the St. Louis community, our attorneys understand the nuances of Missouri workers’ compensation law. We will handle all communications with the workers’ compensation representatives, protecting your rights throughout the process. Our firm keeps you informed at every step, explaining complex legal matters in clear, straightforward terms so you’re never left wondering about your case status.
We are committed to fighting for every dollar you deserve, whether through negotiation or litigation. Our decades of experience allow us to anticipate obstacles and develop effective strategies to overcome them, maximizing your chances of a favorable outcome.
Get Help After a St. Louis Construction Injury
Before accepting a workers’ compensation settlement, consult with one of our construction accident attorneys to discuss your legal options and determine the potential worth of your claim. Construction injuries can affect your career now and later, as many result in permanent disabilities. We want to make sure you are taken care of if you’ve been hurt.
With help from our experienced construction accident lawyers in St. Louis, you may be able to recover the compensation you need to move forward with your life. Get a free consultation by calling our firm at (800) 391-4318.