Workers' compensation for construction workers in Missouri covers medical treatment, lost wages, and disability benefits after a job-site injury, but figuring out how much your claim is worth and who is responsible for paying it is rarely straightforward. That is exactly what we help injured construction workers sort out.
Start by engaging a construction workers' comp attorney in Springfield, MO, from Hall Ansley, P.C. We track the chain of responsibility for construction workers hurt on job sites across Greene County. When we know which insurance company (or other party) is liable for your injury-related losses, we demand a fair recovery.
Talking to us costs nothing, so a free consultation is the easiest way to find out who is responsible. Reach our office at 417-890-8700 today because your insurance claim can’t wait.
Table of contents
- Who Is Your “Employer” on a Springfield Construction Site with Many Responsible Parties?
- The Most Dangerous Hazards on Springfield Construction Sites
- What Is a “Fair” Recovery for a Construction Accident Workers’ Compensation Claim in Springfield?
- Can I Sue for a Construction Accident? Possibly, If Someone Other Than Your Employer Shares the Blame
- How Much Time Do You Have to File a Missouri Workers' Comp Claim?
- What Our Client Experience Looks Like (or, Why Hire Hall Ansley for Your Case)
- FAQs: Springfield Construction Workers' Comp Lawyer
- Contact Hall Ansley Today. Let’s Sort Out Who Owes You What, Then Fight for Fair Compensation for Your Construction Injury.
Who Is Your “Employer” on a Springfield Construction Site with Many Responsible Parties?
Mo. Rev. Stat. § 287.040 uses complicated jargon when explaining who can qualify as an “employer” from a legal standpoint. We will need to evaluate employment contracts, premises ownership, and other relevant factors to determine if one or more of the following parties have liability for your injury:
- The general contractor is responsible for the overall project
- A subcontractor whose crew you actually worked with
- A staffing agency, if one handled hiring or payroll
- Equipment rental or supply companies connected to the job site
- Property owners, on projects involving existing structures
Missouri law employs a sort of hierarchy of liability known as the "statutory employer" rule. For instance, general contractors may still be on the hook for benefits if a subcontractor's insurance falls short or does not exist.
Misclassification of workers is another problem we encounter in construction-related workers' compensation cases. Employers too often classify workers as independent contractors to avoid paying workers' comp benefits. Missouri courts evaluate whether a work arrangement constitutes employment (rather than contracting), not just what a 1099 form says. Our deeper guide on workers' compensation for construction workers in Missouri walks through this statutory employer rule and the independent contractor trap in more detail.
The Most Dangerous Hazards on Springfield Construction Sites
Springfield construction sites carry some of the most severe injury risks in the workforce, among the 5 leading construction injuries in Missouri are falls and electrocutions to heavy equipment accidents. Crews working fast under tight deadlines on projects from Sunshine Street to the growth around Ozark and Nixa face:
- Falls from roofs, ladders, and scaffolding, especially during icy months
- Heat-related illness among roofing and framing crews in July and August
- Workers struck by falling tools or materials
- Power tool injuries, including nail gun discharges and saw lacerations
- Heavy equipment accidents involving forklifts and skid steers
- Trench and excavation collapses
- Electrocutions from contact with power lines
Construction injuries range widely in type and severity. Some workers walk away with a broken bone that heals in a few months, while others are left with traumatic brain injuries, spinal cord damage, crush injuries, or amputations that change what kind of work they can do again. Long-term exposure to asbestos and other hazardous materials on the job site can also lead to an occupational disease that surfaces years later. A few accidents are fatal, and surviving spouses and dependents may be eligible for death benefits in those cases.
Forklift and Heavy Equipment Accidents on Springfield Job Sites Can Be Particularly Devastating
A forklift injury workers' comp claim in Springfield tends to look different from a simple slip or fall, since forklifts and skid steers are involved in some of the most severe accidents in the construction injury.
Injurious heavy equipment accidents include:
- Tip-overs on uneven or overloaded ground
- Pedestrian workers were struck while on foot near active equipment
- Crush injuries from shifting loads or improperly secured materials
- Injuries are tied to poor visibility or inadequate site spotting
These accidents often raise the question of third-party liability. If a third party (like a heavy equipment manufacturer) played a role in your injury, you may become eligible to sue.
What Is a “Fair” Recovery for a Construction Accident Workers’ Compensation Claim in Springfield?
You can generally expect coverage for medical treatment, a portion of lost wages, and payment for any lasting disability, since construction workers' compensation claims in Missouri run through the no-fault system set out in Mo. Rev. Stat. § 287.120. These statutes explain that employers must provide workers’ compensation coverage for eligible employees, who should be compensated for work injuries “irrespective of negligence.”
Depending on your injury, benefits can include the following:
- Medical treatment connected to the injury, including surgery and physical therapy
- Temporary total disability payments while you are unable to work at all
- Temporary partial disability payments if you can work in a limited capacity
- Permanent partial disability payments for lasting impairment
- Permanent total disability payments if you cannot return to any gainful work
- Vocational rehabilitation, if your injury limits the physical work you can do
- Death benefits for surviving spouses and dependents
Medical treatment is usually the least contested benefit at first, though authorization for surgery or specialist referrals can still get delayed.
Temporary total disability is often where disputes start, particularly when a doctor hired by the insurance company disagrees with your treating physician about when you can return. Permanent disability ratings are the benefit most likely to be undervalued, since a lower rating reduces what the insurer pays over the life of your claim.
Disability ratings and covered losses are not topics you need to be worried about after your construction accident. These are concerns our Springfield workers’ comp attorneys are intimately familiar with, so let us handle your claim as you recover your strength.
Can I Sue for a Construction Accident? Possibly, If Someone Other Than Your Employer Shares the Blame
Did someone other than your employer or a co-worker contribute to your injury? You may have grounds to sue such a negligent third party.
An injured worker might be able to file a lawsuit if their injury resulted (totally or partially) from:
- A subcontractor's improperly secured scaffolding or fall protection
- A rental company's poorly maintained lift, crane, or heavy equipment
- A manufacturer's defective power tool or piece of machinery
- A property owner's failure to disclose a known hazard on an existing structure
- Any other third party’s negligence (which often manifests as dangerous equipment)
Each of these can open the door to a claim outside the workers' compensation system. You may be able to pursue a workers’ compensation claim and a lawsuit simultaneously, and our Springfield construction accident attorneys relish the opportunity to lead such challenging case types.
Why Do Insurers Contest Construction Claims More Than Others?
Many construction accident claims, especially those involving OSHA's Fatal Four hazards, involve significant monetary sums and multiple parties who could be liable for the injured party's injuries. You might find that multiple insurance companies fight hard to avoid providing you fair compensation.
Whenever you are entitled to any significant sum of money, expect responsible insurers to push back. This expectation should motivate you to engage a construction injury workers' comp lawyer from our team in Springfield.
An insurance company's attempts to minimize your compensation do not mean your claim lacks merit. Often, pushback like this shows up precisely when a settlement is likely to be substantial.
Even so, the insurance company may work hard to reduce its financial liability. Allow us to fight back just as hard on your behalf.
How Much Time Do You Have to File a Missouri Workers' Comp Claim?
Missouri gives you a limited window to act, and the clock generally starts the day you are hurt. The key deadlines include:
- Reporting your injury to your employer within 30 days of the accident
- Filing a formal Claim for Compensation within two years of the injury, under RSMo 287.430
- Filing a separate third-party claim within five years, under Missouri's general personal injury statute at RSMo 516.120
Reporting your injury correctly also means notifying the Missouri Division of Workers' Compensation. We may also involve federal regulators, as OSHA heat safety standards and other mandatory worksite safety protocols are too often ignored on Missouri worksites.
Deadlines are a top priority for our firm, as they determine whether your case remains viable. This is one of several critical aspects of your case we will handle (so you don’t have to).
What Our Client Experience Looks Like (or, Why Hire Hall Ansley for Your Case)
Attorney Michael Mergen handles a large share of our construction and workers' compensation cases, and clients often describe him as someone who communicates clearly, proactively, and frequently. He strives not only to provide zealous legal advocacy but also remarkable client service.
Our firm has handled forklift and heavy equipment claims in which the injured worker's own employer, a rental company, and an equipment manufacturer each played a role in what happened. Making sense of such complex cases is routine for us, and it’s why so many injured construction workers in Springfield trust us.
A few things set our approach apart on construction cases specifically:
- We have deep experience serving Springfield, Greene County, and the greater Ozarks
- We prepare every case as though it is headed to trial, which can shift the dynamic of settlement negotiations in our favor
- Our attorneys maintain limited caseloads, so our construction claims never get buried under other case files
- Our firm uses a contingency-fee structure, so you owe nothing unless we recover compensation for you
Our attorneys have secured meaningful results in workers' compensation matters. Whatever the nature of your construction accident claim, or possible lawsuit, call our team today at 417-890-8700 for trustworthy guidance from our Springfield-based advocates.
FAQs: Springfield Construction Workers' Comp Lawyer
These are questions we hear specifically from construction workers, not general injury clients.
My crew lead told me not to file paperwork because it would get the subcontractor in trouble with the general contractor. What should I do?
Report the injury anyway. A crew lead's concern about the sub's relationship with the GC is not your responsibility, and delaying your report can hurt your own claim. It's also worth knowing Missouri law protects you from retaliation for reporting.
I was hurt during extreme heat on a roofing job, and the foreman said it was not a covered injury. Is that accurate?
Heat-related illness that occurs because of job duties can qualify as a work injury under Missouri law, and a foreman's opinion on the spot is not the same as a legal determination.
The company I technically work for is based out of state, but I was hurt on a job site in Springfield. Where do I file?
In most cases, you can pursue your claim through Missouri's system since the injury occurred here, regardless of where the employer is headquartered.
Can I still receive benefits if I was not wearing the required safety gear at the time of the injury?
Generally, yes. Missouri's no-fault system typically does not bar benefits simply because a worker was not using required safety equipment, though it can become a factor that insurers raise in certain disputes. An attorney can help you push back if this argument gets used to delay or reduce your claim.
What happens if the general contractor and the subcontractor each blame the other for my injury?
That dispute is between them, not you, since Missouri's statutory employer provisions exist partly to prevent injured workers from being caught in the middle.
I was injured using a tool the general contractor provided, not my own employer's equipment. Does that change anything?
It can. If the tool was defective or improperly maintained, the company that owns or supplied it may share liability separate from your workers' compensation claim.
Contact Hall Ansley Today. Let’s Sort Out Who Owes You What, Then Fight for Fair Compensation for Your Construction Injury.
Construction accident claims often carry high financial stakes and several uncommonly complicated features. Translation for injured workers: Let a Springfield construction workers’ comp claim lawyer from our firm handle it.
Call Hall Ansley at 417-890-8700, or stop by our office at 3275 East Ridgeview Street in Springfield. There is no charge to find out where your case stands, and no obligation to move forward with our firm after your free consultation.