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Table of Contents:
Why Construction Sites Are High-Risk
Your Workers' Compensation Rights
Third-Party Liability Claims
Common Construction Accident Scenarios
What to Do After a Construction Accident
Construction is one of the most dangerous industries in Kansas City. At Haight Stang, LLC, we've represented countless construction workers injured on job sites throughout the metro area, and we understand the unique challenges you face when recovering from a workplace injury. Whether you fell from scaffolding or were injured by defective equipment, knowing your legal rights can mean the difference between struggling financially and getting the full compensation you deserve.
Why Construction Sites Are High-Risk
Construction workers face hazards that most other workers never encounter. Falls from heights, being struck by heavy equipment, electrocution, and trench collapses are just a few of the serious risks on active construction sites. According to OSHA, the "Fatal Four" construction hazards (falls, struck-by objects, electrocutions, and caught-in/between accidents) account for the majority of construction worker fatalities.
The fast-paced nature of construction work, combined with multiple contractors working on the same site, creates additional complications when accidents occur. Unlike typical workplace injuries, construction accidents often involve multiple parties who may share responsibility for your injuries.
Your Workers' Compensation Rights
If you're injured on a construction site in Kansas or Missouri, you're entitled to workers' compensation benefits regardless of who was at fault for the accident.
These benefits include:
Medical treatment for your work-related injuries
Temporary total disability (TTD) payments while you're unable to work
Temporary partial disability (TPD) if you can work but earn less than before your injury
Permanent partial disability (PPD) compensation for lasting impairments
Permanent total disability (PTD) benefits if you can't return to any substantial work
Workers' compensation should cover your medical bills and provide wage replacement, but it doesn't compensate you for pain and suffering or punitive damages. In Kansas and Missouri, workers' comp is typically your exclusive remedy against your direct employer, meaning you generally can't sue your employer for additional damages.
However, construction workers often have legal options beyond workers' compensation, which is where third-party liability claims become crucial.
Third-Party Liability Claims
Here's what many construction workers don't realize: if someone other than your direct employer caused or contributed to your accident, you may be able to file a separate personal injury lawsuit against that third party. This can significantly increase your total compensation.
Common third parties in construction accident cases include:
General Contractors or Subcontractors – If you work for a subcontractor and the general contractor's negligence caused your injury, you may have a claim against them.
Property Owners – Site owners who fail to maintain safe conditions can be held liable for injuries to construction workers.
Equipment Manufacturers – Defective tools, machinery, or safety equipment can lead to product liability claims against manufacturers.
Other Subcontractors – If another contractor's negligence caused your accident, they may be liable even though they're not your employer.
Third-party claims allow you to recover damages that workers' compensation doesn't cover, including pain and suffering, full lost wages (not just the percentage covered by workers' comp), and potentially punitive damages if the negligence was particularly egregious.
Common Construction Accident Scenarios
Scaffolding and Fall Accidents – If you fall because scaffolding was improperly erected by another contractor or was defectively designed, you may have claims beyond workers' comp. Falls from ladders, roofs, and elevated work platforms are among the most serious construction injuries we handle.
Equipment and Machinery Accidents – Defective power tools, malfunctioning equipment, or machinery operated by workers from other companies can create third-party liability. Crane accidents, forklift incidents, and nail gun injuries often involve equipment defects or operator negligence.
Electrical Accidents – Electrocution and electrical burns are unfortunately common in construction. If another contractor failed to properly mark electrical hazards or if electrical equipment was defectively manufactured, additional claims may be available.
Struck-by Accidents – Being hit by falling objects, vehicles, or swinging loads can result from negligence by multiple parties on a construction site. These accidents frequently involve failures in site safety protocols or communication between contractors.
What to Do After a Construction Accident
If you're injured on a construction site, take these steps to protect both your workers' compensation claim and any potential third-party claims:
Get Immediate Medical Attention – Your health comes first, and prompt medical treatment creates documentation of your injuries.
Report the Accident to Your Employer Immediately – In Missouri, you have 30 days to report, but immediate reporting prevents disputes about whether the injury was work-related.
Document the Scene – Take photos of the accident location, the equipment involved, and any hazardous conditions. Get contact information for witnesses.
Don't Give Recorded Statements to Insurance Companies – Beyond reporting the basic facts to your employer, avoid detailed statements to insurance adjusters without legal representation.
Preserve Evidence – If defective equipment was involved, make sure it's secured and not thrown away. This evidence is crucial for product liability claims.
Additionally, you should consult an experienced workers' compensation attorney. Construction accident cases are more complex than typical workers' comp claims because of the potential for third-party liability. An attorney can investigate all aspects of your case and identify every available source of compensation.
Maximizing Your Construction Accident Recovery
Construction accidents often result in severe, life-changing injuries. At Haight Stang, LLC, founding attorneys Michael Haight and Mike Stang bring nearly 50 years of combined experience to every case. Having worked on the defense side early in their careers, they understand how insurance companies and contractors try to minimize liability, and they know how to build strong cases that maximize recovery for injured workers.
Construction sites involve multiple parties, complex liability issues, and insurance coverage from various sources. Whether your case involves workers' compensation alone or includes third-party claims, we fight to get you every dollar you're entitled to under Kansas and Missouri law.
If you've been injured in a construction accident anywhere in the Kansas City metro area, contact us online or call (913) 815-1347 today for a free consultation. We'll evaluate your case, explain all your legal options, and fight to protect your rights.