If you suffered an injury or illness in a construction accident, contact the Liberty personal injury lawyers of House Packard McElderry, LLC immediately. You are entitled to medical and lost wage benefits for on-the-job accidents.

Workers’ compensation insurance is a type of no-fault insurance available to injured and sick employees in Missouri. You can apply for benefits to cover your medical bills and lost wages. Workers’ compensation law prohibits covered employees from collecting workers’ compensation benefits and simultaneously filing lawsuits against their employers for injuries sustained while performing work-related duties.

State law requires employers in the construction industry to provide coverage if they employ at least one construction worker, whether part-time or full-time. You can file a claim for benefits through your employer’s insurance company if you get hurt at a construction site or at any time while completing the responsibilities of your occupation.

Compensation isn’t only available for construction workers injured on the job. A range of other scenarios could entitle you to compensation from the negligent party. You might be an independent contractor who was injured due to a hazardous condition on the property. You might not have worked on the construction site but sustained an injury from fallen scaffolding as you walked by or a malfunctioning crane crashing into your apartment building window. In any of these cases, you could file a third-party claim for a settlement to compensate for your medical bills and other expenses.

At House Packard McElderry, LLC, we know the physical and financial strain of a job-related injury. If you can’t earn your usual wages due to a medical condition, you might be unable to afford your medical bills and daily living expenses. It can be overwhelming to know that you could face economic burdens and crushing medical debt while recovering from a construction accident. Our construction accident attorneys in Liberty, MO, are ready to represent you in your case and pursue the maximum available benefits or compensation on your behalf.

Call House Packard McElderry, LLC at (816) 381-9105 today for your free consultation and learn more about your rights following a workplace injury or any other injury related to a construction site.

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Common Types of Construction Accidents

House Packard McElderry, LLC has experience representing people in a range of construction accidents, such as:

Scaffolding Accidents

Construction workers often use scaffolding to complete various tasks high off the ground while working on buildings and other projects. Damaged railings, inadequate fall-protection gear, and other factors could cause the scaffolding to collapse and the employee to fall.

Explosions and Fires

Flammable substances, faulty electrical components, and other hazards workers encounter on the job could spark a fire. An explosion could occur if the fire comes in contact with gases and other combustible materials.

Roof Accidents

Debilitating injuries can result from a collapsing roof or unstable working space if a worker falls to the ground below. Unsecured objects can also tumble off the roof and injure anyone walking underneath.

Ceiling and Roofing Defects

Structural issues, leaking water, and other problems can lead to an accident involving a roof or ceiling on a construction site.

Crane Accidents

Cranes and other large machinery construction workers use while completing projects can malfunction. Improperly maintained and repaired equipment might not be in good working condition and could injure the operator or innocent bystanders.

Ladder Accidents

Someone could fall off a ladder if it contains defects or isn’t positioned and secured correctly against a wall or structure.

Vehicle Collisions

Construction vehicles, such as bulldozers and garbage trucks, are necessary to remove waste, transport materials, and complete difficult tasks. Although convenient for construction workers, they can pose dangers. A collision with another vehicle on the road, building, or stationary object could cause injuries to everyone involved.

Struck by Equipment or Objects

Malfunctioning equipment and unsecured objects could strike a person as they walk by and lead to severe injuries.

Fall From Heights

Construction workers often work on ladders, scaffolding, roofs, and other areas high off the ground. Falling from great heights increases the risk of life-threatening injuries and fatalities.

Exposure to Toxic Substances

Toxic materials are common on construction sites. Workers can inhale fumes, touch asbestos, or handle dangerous chemicals that lead to respiratory problems and diseases.

Slip/trip and Falls

Slip/trip and fall accidents are common in many job industries. An employee might slip on a wet floor or trip over a hazard while working in a construction area and get hurt during the fall. So might any visitor to the site.

You should contact House Packard McElderry, LLC immediately after a construction accident. No matter the cause, starting medical treatment and pursuing benefits from your employer’s workers’ compensation insurer is critical. If you were not an employee when you were injured, you should still seek medical care if you were injured through no fault of your own. Lack of medical care or unnecessary delays in seeking treatment could negatively affect your case and result in a denied claim or lower payments than you deserve.

Common Injuries in Construction Accidents

A range of injuries can result from working on or visiting a construction site, including:

  • Electric shock
  • Overexertion injuries
  • Traumatic brain injury
  • Broken bones
  • Psychological trauma
  • Soft tissue injuries
  • Loss of limb or amputation injury
  • Spinal cord injuries
  • Internal bleeding
  • Repetitive motion injuries
  • Paralysis

Workers’ compensation insurance also covers various occupational illnesses, such as:

  • Musculoskeletal disorders
  • Cancer
  • Mental illness
  • Respiratory illnesses
  • Mesothelioma
  • Chemical poisoning
  • Hearing loss

House Packard McElderry, LLC can review your case and determine whether your disease or injury is eligible for benefits.

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If you were injured in a construction accident, House Packard McElderry, LLC can help you file a claim.

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Types of Workers’ Compensation Benefits

You are entitled to immediate medical benefits when you suffer an injury in a construction accident. The insurance company must pay for all costs associated with reasonable and necessary treatment of a workplace injury or illness. These expenses could include:

  • Emergency care
  • Surgery
  • Diagnostic testing
  • Rehabilitation
  • Hospitalization
  • Medical devices
  • Doctor’s appointments
  • Ambulance services
  • Physical therapy
  • Prescription drugs

Disability Benefits

are also available under your employer’s workers’ compensation insurance. You could receive up to four different types of disability benefits depending on the severity of your injury.

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Temporary Total Disability (TTD) Benefits

You might be entitled to TTD benefits if your doctor informs you that you can’t return to your job due to your injury or you must take time off from work after an operation.

The insurance company could deny your claim for TTD benefits if your physician says you can return to your job on light or modified duty and your employer accommodates these needs. However, you might qualify for a different type of disability benefit.

TTD benefit payments are 66 2/3 percent of your gross average weekly wage. State law sets a maximum payment amount you can receive each week. Coverage will continue until you finish treatment because your doctor places you at maximum medical improvement (MMI) or informs you that you can return to your job, whichever happens first.

Temporary Partial Disability (TPD) Benefits

Temporary partial disability benefits are available if you’re not eligible for TTD benefits because you can return to modified or light duty but earn less than your usual wages. Typically, coverage is available as weekly payments.

The payment amount is 66 2/3 percent of the difference between the gross average weekly wage from before the accident and the weekly pay after the accident. The maximum allowed amount for each payment is the same as temporary total disability. However, TPD only allows up to 100 weeks of paid benefits.

Permanent Partial Disability (PPD) Benefits

A permanent partial disability is an injury that permanently affects the workers’ ability to perform specific work-related duties or jobs. However, performing some type of work is possible but might not be at the same place of employment at the time of the construction accident.

Benefit payments for PPD are 66 2/3 percent of the workers’ average gross weekly earnings as of the date of suffering the injury. The maximum weekly amounts set by workers’ compensation laws apply. You could receive a lump-sum payment depending on the type and severity of your disability if you suffered a permanent partial disability.

The number of weeks you can expect to receive PPD benefit payments depends on the extent of the injury and the body part affected. A formula calculates the number of weeks for each injured body part and the disability rating the doctor provides.

For example, loss of use of an arm allows up to 232 weeks of coverage. If you were determined to have lost 50 percent of the use of your arm, you would receive benefits for up to 116 weeks.

Permanent Total Disability (PTD) Benefits

ou could negotiate a lump-sum settlement with the workers’ compensation insurer or receive weekly payments for the rest of your life if you have a permanent total disability. A permanent total disability means you can’t return to your current job or obtain employment elsewhere.

PTD benefits are 66 2/3 percent of the worker’s average weekly wage at the time of the accident. The payment amount cannot exceed the maximum limit set by state law.

You might also be entitled to benefits for travel expenses related to your medical treatment. If you have to drive to and from doctor’s appointments outside the area of your place of employment, the workers’ compensation insurer must reimburse you for those costs.

Death Benefits for Surviving Families

If your loved one dies in a construction-related accident, you could recover survivor benefits from their employer’s workers’ compensation insurance carrier. Only dependents are eligible to receive benefit payments. Dependents include:

  • Surviving spouse
  • Children under 18 years old
  • Adult child serving on active duty, attending school full-time, or incapacitated from earning wages

If more than one dependent exists, they must all share the weekly benefit payments provided by the insurer. Payments are 66 2/3 percent of the deceased worker’s average weekly wage for the year prior to the on-the-job accident. Funeral expenses up to $5,000 are also available.

Claims for Non-Work-Related Injuries or Non-Employees

Construction sites are common in residential areas. Many people walk by parking lots, buildings, streets, and other structures undergoing construction. Although there are often barriers, cones, and other materials separating the general public from these sites, accidents can still happen. Cement blocks could fall from a building, a crane could tip over in high winds, or unsecured materials can fall from scaffolding to the ground below. These scenarios can injure the workers but can also harm passersby. If someone else is at fault for your injury in a construction accident, you can file a claim with the at-fault part’s insurance company. The compensation you receive might compensate you for accident-related losses, such as:

  • Pain and suffering
  • Medical bills
  • Out-of-pocket expenses
  • Permanent impairment and disability
  • Lost wages
  • Lost earning capacity
  • Mental anguish
  • Loss of enjoyment of life
  • Damage to personal property

You might also have the option of filing a lawsuit against the at-fault party if settlement negotiations with the insurance company fail. In your lawsuit, you could also pursue punitive damages, a form of compensation that is meant to punish the defendant. To receive this financial award, you must show clear and convincing evidence that the defendant acted with flagrant and deliberate disregard for the safety of others and caused intentional harm. Missouri law does not consider independent contractors to be employees. So they can’t apply for benefits through an employer’s workers’ compensation insurer. Independent contractors and similar workers can seek compensation through insurance claims and lawsuits against the negligent party that caused their injuries in construction accidents, whether on or off the job.

Contact Us

At House Packard McElderry, LLC, our Liberty construction accident attorneys are ready to file your workers’ compensation claim or appeal a denied claim. We know state laws and how to navigate the complex process of workers’ compensation cases. You can count on us to protect your rights and fight for the benefit payments you’re entitled to for your construction-related injury. If you sustained an injury in a construction accident, call House Packard McElderry, LLC at (816) 381-9105 for your free consultation.