Who Can Be Held Liable for a Construction Accident?

The construction industry relies on heavy equipment, dangerous tools, and scaffolding, making it a common source of workplace injuries and workers’ compensation claims. Employers and construction site managers have an obligation to comply with safety protocols, hire qualified workers, and provide sufficient training and safety equipment to minimize the risk of construction accidents resulting in injury.

who can be liable for a construction accident

Still, the construction industry is among the most hazardous, with more injury claims than most other sectors. According to the Missouri Department of Labor, there were an alarming 4,020 construction accident injuries in the state in 2025 and five fatalities.

What Are the Most Common Causes of Missouri Construction Accidents?

When construction companies cut corners, neglect to implement and follow safety protocols, fail to adequately train employees, or use poorly maintained equipment, accidents and serious injuries occur on job sites. The most common causes of construction accident injuries include the following:

  • Slip-and-fall accidents
  • Falls from heights
  • “Struck-by” accidents, such as being struck by a construction vehicle or a falling object
  • “Caught-between” accidents, such as getting an arm caught between moving parts of equipment
  • Construction transportation traffic accidents
  • Heavy lifting injuries
  • Electrocutions
  • Toxic exposures
  • Explosions
  • Trench collapses
  • Defective equipment injuries

Repetitive motion injuries are also common in Missouri construction workers.

Can I Sue an Employer After a Construction Accident Injury?

In Missouri, all employers in the construction industry must carry workers’ compensation insurance. This coverage not only provides a crucial safety net for an injured worker’s medical costs, a portion of their lost income, and disability benefits, but it also protects employers from liability for their employee’s injuries. In most cases, an injury victim cannot file a personal injury claim or lawsuit against their employer.

Only in cases of employer wrongdoing or extreme negligence will Missouri courts consider a personal injury claim for damages against an employer. Instead, a construction accident victim can file a claim against their employer’s workers’ comp insurance.

Understanding Third-Party Liability In Construction Accidents

While a construction accident victim cannot typically file a claim against their employer, depending on the circumstances of the accident, they may be able to file a claim against a liable third party or another entity that caused or contributed to the accident. Common third parties in construction accident cases include the following:

  • Contractors
  • Subcontractors
  • Electricians
  • Property owners
  • Manufacturers of defective construction equipment, unsafe products, or defective safety equipment
  • Drivers in construction transportation accidents
  • Construction equipment rental companies

A lawsuit against a negligent third party seeks compensation for both economic damages, such as medical expenses, lost wages, and out-of-pocket costs, and non-economic damages, such as pain and suffering. Workers’ compensation does not compensate injury victims for non-economic damages.

Can I File Both a Workers’ Compensation Claim and a Third-Party Personal Injury Claim?

An experienced worker’s compensation lawyer pursues compensation for their injured client through all available avenues. A construction accident victim can recover compensation through a personal injury claim against a liable third party while also receiving a settlement for their workers’ compensation benefits.

How Can a St. Louis Construction Accident Attorney Help My Case?

Pursuing compensation for a construction accident through workers’ compensation and/or a personal injury claim against a liable third party requires substantial evidence and meticulous attention to timelines and filing details. Contact Miller & Hine Attorneys at Law to represent your best interests throughout the process of your financial recovery after a construction accident, so you can focus on your physical healing.