Can I Sue a Third-Party in a Construction Accident?
The Compensation you Need to move forward
Can I Sue a Third-Party in a St. Louis and Missouri Construction Accident?
Workers' compensation is an intended agreement between St. Louis and Missouri employers and employees: employees will be compensated for their damages while employers generally do not have to worry about lawsuits. That does not mean there are not other St. Louis and Missouri parties that a talented and experienced construction accident attorney can help you file suit against. While you always need to file a workers' compensation claim following a workplace injury in St. Louis or Missouri, that does not mean that other parties cannot also be found liable for your injuries. Construction sites often have a variety of contractors, subcontractors and construction workers that depend on the safety of the machinery they use. That means that, depending on the circumstances of your injury, you may be able to make a third party liability claim against a driver, property owner, manufacturer, architect or co-worker.
A St. Louis or Missouri Driver
Construction sites on St. Louis and Missouri roads and highways need to be coned off and have adequate warning signs for motorists. If a drunk driver, distracted driver or otherwise negligent driver enters the construction zone and injures you, you can make a claim against the driver and their insurance company for damages. Every Burger Law construction accident attorney is also a knowledgeable and experienced St. Louis and Missouri car accident lawyer and will be able to win you maximum compensation if you were injured on a construction site by a driver.
The Property Owner
Missouri Revised Statute §537.348 stipulates that St. Louis and Missouri landowners may be held liable for injuries that occur on their property due to "dangerous conditions" they knew of or should have known of but did not fix. The statute often applies in slip and fall accidents. Whether or not your construction accident attorney can help you file a premises liability claim against a St. Louis or Missouri property owner depends on the level of control the owner had over the property owner and whether or not you should have been aware of the hazard. Burger Law's experienced and expert St. Louis-based construction accident team will look over all the facts of your case and aggressively pursue compensation from all liable parties.
Construction sites and construction workers depend on a lot of heavy and dangerous machinery in order to get their job done. That machinery needs to be designed safely and manufactured appropriately in order to keep workers safe from malfunction and harm. If a machine has an inherent design flaw or there was an error during production and you were injured as a result, your Burger Law Missouri construction accident attorney in St. Louis can help you make a product liability claim against the manufacturer, distributor or vendor of the product.
An Architect or Engineer
A "design professional," such as a St. Louis or Missouri architect or engineer, is required to meet certain safety codes and regulations when designing buildings. If your construction accident injury was the result of an inherently flawed design in the building, you may be able to bring a case against an architect or engineer. The State of Missouri Construction Law Compendium states that design professionals have a duty to use a "degree of ordinary and reasonable" technical skill, and that failure to do so can be a "breach of tort duties." When they fail in that duty, the St. Louis and Missouri construction accident attorney team of Burger Law fights hard to hold them accountable.
Generally speaking, injuries caused by a St. Louis co-worker's negligence are covered under workers' compensation. However, Missouri Revised Statute §287.120 specifies that a coworker may be found liable if they:
engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
If a coworker assaulted you, caused you injury while they were drunk or engaged in wanton recklessness, you may be able to bring a claim against your coworker as well as file a workers' compensation claim. The St. Louis construction accident attorney team will help you discern if a coworker may be held responsible for your injuries.
Suing a third party can complicate your workers' compensation case. If you resolve the claims against the third party before your worker's compensation case is sorted out, you may forfeit the right to any further worker's compensation benefits. That is why it is imperative to reach out to a construction accident attorney in St. Louis when you are injured on the job. We have taken on and won these cases before, and have the knowledge of Missouri law to make sure you receive full compensation for your injuries.
Can a Civilian Sue a Construction Company for a Construction Site Accident?
Can a Civilian Sue a Construction Company for a Construction Site Accident in St. Louis, Missouri?
Yes, they can. Construction companies and contractors have a duty to ensure that construction zones are safe for members of the public. If you were injured by falling debris or in a slip and fall accident, a Missouri construction accident attorney in St. Louis can help you bring a claim against the construction company or property owner. Instances of negligence by a construction company can be:
- Insufficient signage
- Insufficient barricades, nets or other protections
- Failure to secure tools, machinery or other equipment
- Failure to maintain equipment
If you have been injured because a St. Louis or Missouri construction site was not sufficiently kept safe for the public, call Burger Law's construction accident attorney team today.
The only St. Louis law firm you need
Cases We Win
Burger Law's Missouri construction accident law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing law and protecting the vulnerable and injured. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types listed here. Click for more information.