Construction Site Injuries: Who is Liable?

Understanding who is liable for injuries on a construction site in Missouri requires a comprehensive examination of the risks associated with construction work, the legal framework governing workplace injuries, and the procedures for seeking compensation. If you have been injured on a construction site, keep reading to learn more about who may be responsible and how to proceed. 

Construction Site Risks and Common Injuries

Construction sites, by their very nature, are filled with potential hazards. Workers are often required to operate at heights, work with or near heavy machinery, handle electrical wiring, and be exposed to the elements, which significantly increases the risk of injury. The Occupational Health and Safety Administration (OSHA) categorizes falls, electrocutions, being struck by objects, and getting caught in/between as the "Fatal Four" hazards, which are responsible for a majority of construction-related deaths. In Missouri, the adherence to OSHA guidelines and regulations is not just a matter of compliance but a crucial step towards minimizing these risks and ensuring worker safety​​.

The variety of accidents on construction sites illustrates the numerous ways in which workers can be injured. Falls from ladders, scaffolds, and other heights can result in severe injuries or death. Electrical hazards can cause shocks, burns, or electrocution. Falling objects, such as tools or construction materials, pose risks to those below. Fires and explosions can occur due to the improper handling of flammable materials or gas lines. Chemical exposure, whether acute or chronic, can lead to burns, respiratory problems, or other health issues. Repetitive motion injuries develop over time due to the repetitive nature of certain construction tasks, leading to conditions such as tendonitis or carpal tunnel syndrome. Each type of accident has specific preventative measures, which, when properly implemented, can significantly reduce the incidence of injuries​​. When injuries aren't properly prevented, financial compensation may be available. 

Understanding Liability for Construction Site Injuries

Determining liability in the event of a construction site injury is pivotal for several reasons. For the injured party, it clarifies the pathway to seeking compensation and understanding their rights within the workers' compensation framework or through civil litigation. For employers, contractors, and other parties involved in construction projects, it emphasizes the importance of maintaining safe work environments, adhering to safety protocols, and understanding their legal obligations to prevent accidents. Furthermore, a clear understanding of liability helps streamline the process of compensation, making it more efficient for all parties involved​​.

Who is Liable for Construction Site Injuries?

In Missouri, several parties can be held liable for construction site injuries, depending on the specifics of each case. General contractors are responsible for overall site safety, while subcontractors must ensure the safety of their specific work areas and operations. Equipment manufacturers can be liable for injuries caused by defective products. Property owners may bear responsibility for unsafe conditions on their property that lead to injuries. Co-workers can also be held liable in cases where their negligent actions cause harm to another employee, although Missouri law sets a high bar for such claims, requiring proof of an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury​​​​.

The Importance of Seeking Legal Advice Promptly

The complexity of construction injury cases in Missouri, coupled with the statutes of limitations for filing claims, underscores the importance of seeking legal advice promptly after an injury. An experienced attorney can help navigate the legal system, ensure that all relevant evidence is collected, and advise on the best course of action, whether filing a workers' compensation claim or pursuing a civil lawsuit. Early legal consultation also helps preserve the injured worker's rights and maximizes the chances of a favorable outcome​​.

Get Legal Help from Harper, Evans, Hilbrenner & Netemeyer

In the event of a construction site injury in Missouri, the experienced personal injury lawyers at Harper, Evans, Hilbrenner & Netemeyer can provide invaluable assistance. They are well-versed in Missouri law and dedicated to building a strong case to ensure that injured parties receive the compensation they deserve. Prompt legal consultation and thorough preparation are key to navigating the complexities of construction site injury claims. Reach out today if you have been injured on a construction site.