Construction Accident Lawyer in Kansas City
Missouri Construction Injury Claims: Workers’ Comp & Beyond
Construction sites are among the most dangerous workplaces in Missouri. When an accident happens, injured workers often assume workers’ compensation is their only option. It isn’t. Depending on who contributed to the accident, a separate third-party claim may be available alongside workers’ comp, and that claim can recover damages workers’ compensation doesn’t touch. At Bertram & Graf, L.L.C., our personal injury practice includes representation for construction accident victims throughout the Kansas City, Missouri area.
If you’ve been hurt on a construction site in Kansas City, call us at (888) 398-2277 for a free consultation with no obligation.
Common Construction Accidents on Kansas City Job Sites
Height work, heavy machinery, and multiple crews operating in close proximity create conditions where serious injuries happen fast. Falls from scaffolding, ladders, and elevated platforms are among the most frequent causes of construction injuries, often tied to inadequate fall protection or unstable surfaces. Scaffolding and crane collapses, trench and excavation failures, electrocution from unguarded power sources, and workers struck by falling objects or moving vehicles round out the most common accident types.
Equipment defects are a significant and often overlooked cause. When a tool, machine, or piece of safety equipment malfunctions not because of operator error but because of how it was designed or built, that opens a separate avenue of liability against the manufacturer. Fires, explosions, toxic chemical exposure, and heat stress round out the hazards recognized across Missouri construction sites.
Workers’ Compensation vs. a Third-Party Claim
Missouri requires construction employers to carry workers’ compensation insurance even with a single employee. Workers’ comp is a no-fault system: it pays medical costs and a portion of lost wages regardless of who caused the accident. That coverage is valuable, but it has real limits. It doesn’t compensate for pain and suffering, and it doesn’t replace full lost income. Once workers’ compensation applies, Missouri law generally bars an injured worker from suing their employer directly.
A third-party claim is different. When a subcontractor, property owner, equipment manufacturer, or another outside party contributed to the accident, an injured worker can pursue a separate lawsuit against that party while still receiving workers’ compensation benefits. One important detail: if the third-party claim succeeds, the workers’ comp insurer may seek reimbursement from the recovery through a process called subrogation. We account for this when structuring a case from the start.
Who Can Be Held Liable Beyond Your Employer
General contractors, subcontractors, property owners, equipment manufacturers, and maintenance companies can all share responsibility for a construction accident depending on the facts. Missouri’s statutory employer doctrine, which can treat a general contractor as the legal employer of a subcontractor’s workers for workers’ comp purposes, affects how liability is allocated and who qualifies as a third party. These determinations require careful analysis.
Missouri follows a pure comparative fault rule, meaning an injured worker can still recover damages even if they were partially at fault. Compensation is reduced in proportion to their share of fault, but a recovery isn’t barred outright. When defective or malfunctioning equipment is involved, a product liability claim against the manufacturer runs parallel to any negligence claim. We’ve litigated cases against some of the country’s largest manufacturers and have stood up to insurance companies protecting their own financial interests. That background matters directly when a construction accident traces back to a piece of defective machinery.
Deadlines & Legal Protections for Kansas City Construction Workers
Missouri Revised Statutes Section 516.120 sets a five-year statute of limitations for most personal injury lawsuits based on negligence. If the accident was fatal, Missouri Revised Statutes Section 537.100 gives surviving family members three years to file a wrongful death claim. Missouri law also prohibits employer retaliation against workers who file a workers’ compensation claim under Section 287.780, so you have a legal right to pursue benefits without fear of losing your job.
Civil lawsuits arising from Kansas City-area construction accidents are typically filed at the Jackson County Courthouse, part of the 16th Circuit Court of Jackson County, Missouri. Identifying all liable parties takes time, and meeting the applicable deadline is critical. Don’t wait to get the process started.
Why Kansas City Construction Accident Victims Work with Bertram & Graf, L.L.C.
We’ve been representing injured clients since 1997. Our team of five attorneys includes J. Scott Bertram and Benjamin A. Bertram, both rated by SuperLawyers for five years. Benjamin Bertram was also named a Top 100 Civil Plaintiff lawyer by The National Trial Lawyers Association in 2016. Attorney Tim West is licensed in both Missouri and Kansas, which matters in a metro area that crosses state lines.
We don’t apply a standard template to construction accident cases. Each case gets a strategy built from the ground up around its specific facts, parties, and legal theories. Complex, highly detailed cases are where we do our best work, and construction accident claims involving multiple liable parties, equipment defect theories, and subrogation issues are that kind of case.
Start with a Free Consultation
We handle construction accident cases on a contingency fee basis. You owe us no legal fees unless we recover on your behalf. We offer free consultations and virtual meetings, so there’s no barrier to getting your questions answered and understanding what your claim may be worth.
Contact Bertram & Graf, L.L.C. today to discuss your Kansas City construction accident case. Call (888) 398-2277 or reach out online to schedule your free consultation.