Things you need to know about a construction accident injury claim
Posted By
on Dec 20, 2010 7:14pm PST
If you are a construction worker, you know first-hand how volatile a construction site can be. There is heavy equipment and loose materials. Couple that with an environment of potentially several contractors and subcontractors, and you have a situation where personal injury claims are only a matter of time, even in the safety circumstances.
If you are injured at a construction site, there are potentially several legal theories of financial recovery at play. First, you may have a workers' compensation claim against your employer. Workers' compensation laws in Missouri favor the employer, not the employee. Therefore, it is always smart to consult with a St. Louis personal injury attorney before accepting any comp settlement.
Second, you may have a "third-party claim" against the general contractor, or any other subcontractors that may have contributed to the cause of your injury. This is the more complex of the two types of claims, because typically Missouri only allows for workers compensation as the SOLE cause of action in a construction injury. Again, consulting with a St. Louis construction accident lawyer is key to getting the advice necessary to make a decision on any potential third-party claim.
If you do recover from workers' compensation, there is a statutory right of the workers' compensation insurance carrier for subrogation on any third-party injury claim. Subrogation is a fancy legal term for reimbursement. If you do not have a St. Louis personal injury lawyer on your side, it is possible that your workers compensation carrier may get a large portion of your settlement from your third-party claim. Call a lawyer at (314) 448-0934 to see if the 'make whole doctrine" can work for you!