Construction is dangerous. Heavy machinery, working from heights, and rolling equipment is always a hazard. When safety protocols are not followed, workers are seriously injured. Most people do not know their rights in the event of an injury. Foster Wallace Personal Injury Lawyers advocates for injured workers to have equitable treatment and receive compensation. This guide explains your legal rights, what to do after an accident, and how a lawyer protects your rights.
Typical Causes of Kansas City Construction Accidents
Construction sites are full of dangers. With or without safety equipment, mistakes can be hazardous. Typical causes include:
- Falling from ladders, roofs, or scaffolding.
- Falling bricks, building materials, or tools.
- Electrical shock due to exposed cables or power lines.
- Equipment accidents with forklifts, cranes, or trucks.
- Collapse of trenches or structures.
- Chemical exposure or fires.
These accidents are mostly preventable. Contractors and site supervisors have to follow strict safety guidelines. When they fail, workers pay the price.
Injuries Suffered in Construction Accidents
Injuries can vary from cuts to crippling damage. Some of the most common injuries are:
- Fractures and broken bones.
- Back and spinal injuries.
- Traumatic brain injuries (TBI).
- Electrical shock and burns.
- Crushed limbs or amputations.
- Hearing and vision loss.
These types of injuries have long recovery periods. Some employees are unable to return to work. Medical expenses tend to add up rapidly, so legal assistance is essential.
Your Rights Following a Construction Accident
Most employees think they only have workers’ compensation. This is true in many cases, but some accidents permit additional claims.
- Workers’ compensation pays for medical expenses and lost time. Workers’ compensation does not pay for pain and suffering.
- Third-party claims can be used in case a subcontractor, property owner, or equipment manufacturer was responsible for the accident.
- Families who lost a loved one due to a work-related death have wrongful death claims available.
A good attorney can go over the case and determine all potential claims.
Steps to Take After a Construction Accident
What you do immediately after an accident is important. Do the following:
- Seek medical attention immediately. Small injuries can become more serious.
- Report the incident to your boss. Do it immediately.
- Document evidence. Photograph, obtain witness names, and note dangerous conditions.
- Document medical records. Save all bills and physician’s reports.
- Speak with a construction accident attorney. Don’t sign anything without advice.
These steps address your health and your legal rights.
Why Use a Kansas City Construction Accident Attorney?
Lawyers level the playing field with employers, insurers, and big corporations. They:
- Investigate the accident and gather evidence.
- Present all claims within deadlines.
- Negotiate with insurance adjusters.
- Represent you in court, if needed.
- Battle for the maximum compensation.
Without an attorney, workers normally receive less than they deserve. An attorney will speak on your behalf.
Types of Compensation You Can Recover
Depending on the nature of the case, injured employees can recover:
- Medical treatment and hospital bills.
- Recurring therapy and rehabilitation costs.
- Lost income and future wages.
- Pain and suffering.
- Disability benefits.
- Families are harmed by wrongful death damages.
It is different depending on the degree of harm and fault of others.
How Kansas City Laws Help Protect Workers
The majority of Missouri employers must carry workers’ compensation insurance. That way workers can file claims without needing to prove fault. But there are limits. Pain and suffering aren’t covered by workers’ comp. That is why workers file third-party claims. Kansas City also adheres to federal safety standards under OSHA. If employers don’t meet OSHA standards, that strengthens your case.
Time Limitations for Filing a Claim
Missouri law places time limitations on claims:
- Workers’ compensation claims have two years to file.
- Personal injury lawsuits usually have five years to file.
- Wrongful death cases can only be brought for three years.
Miss those time limitations and you’ll lose your claim to compensation.
Building a Strong Legal Case
A lawyer presents a strong argument by:
- Reading accident reports.
- Interviewing witnesses.
- Discussing with safety experts.
- Looking at medical records.
- Examining company policies regarding worksite safety.
These actions determine who is responsible and how much compensation is proper.
Kansas City Construction Accident Lawyer: Your Advocate
Employees typically fear retaliation from employers. They are afraid of being fired or blacklisted. Your lawyer is in between you and your employer. They protect your rights, make claims, and demand fair treatment. You recover while they do the fighting.
FAQs on Kansas City Construction Accident Lawyers
- Am I able to sue my employer because of a Kansas City construction accident?
You generally cannot sue your immediate employer in most cases because of workers’ compensation laws. You can, however, sue third parties, like subcontractors or equipment companies, if they were to blame.
- What if my employer never had workers’ compensation insurance?
If your employer broke the law and didn’t have insurance, you may sue directly. An attorney can help you with this process and help collect damages.
- How expensive is it to hire a construction accident attorney?
Most Kansas City construction accident attorneys work for clients on a contingency fee. You don’t pay anything. They only get paid if you recover.
- What if I was partially responsible for the accident?
Missouri has a comparative fault doctrine. You can still recover damages if you were partially to blame. Your award is reduced by your percentage of fault.
- How long does it take to have a construction accident case in Kansas City?
It depends. Some are settled in months. Some are settled in years. Your lawyer can give you a better approximation after reviewing your situation.
Final Thoughts
Every day, construction workers risk injury or death during the process of building Kansas City. When construction accidents occur on job sites, injured workers have strong legal rights and protections. A Kansas City Construction Accident Lawyer will work to ensure the injured worker receives full and fair compensation and protection of his or her rights. Do not delay after a construction accident. Seek medical treatment, return to your employer or notify your employer of your injury, and contact an attorney immediately.
