Workers’ Compensation for Construction Workers

Does Workers’ Compensation cover Construction Workers?

Yes, most construction workers in Missouri are covered by workers’ compensation laws, which provide medical benefits, lost wages, and disability compensation for work-related injuries. Under Missouri law, all construction companies with one or more employees must carry workers’ compensation insurance (RSMo 287.030).

However, there are exceptions. Some construction workers may be classified as independent contractors rather than employees, impacting their ability to file a workers’ compensation claim. If you’re unsure about your classification, it’s essential to consult with an attorney to determine your eligibility.

Common Injuries in the Construction Industry

Due to the physical nature of the job, construction workers are at a high risk for serious injuries. Some of the most common construction-related injuries include:

1. Falls from Heights

• Construction workers frequently work on scaffolding, ladders, roofs, and elevated platforms. Falls are one of the leading causes of fatal and non-fatal injuries in the industry.

2. Struck-By Accidents

• Falling objects, heavy equipment, or vehicles often strike workers. These accidents can cause traumatic brain injuries (TBI), fractures, and internal injuries.

3. Caught-In or Caught-Between Accidents

• Construction sites pose risks of workers being caught in machinery, trench collapses, or between heavy objects. These injuries are often severe and can be fatal.

4. Electrocution Injuries

• Contact with exposed wires, power lines, or malfunctioning electrical equipment can lead to severe burns, nerve damage, or even death.

5. Repetitive Stress Injuries

• Construction work often involves heavy lifting, constant bending, and repetitive motions, which can lead to injuries such as carpal tunnel syndrome, back injuries, and joint damage.

6. Exposure to Toxic Substances

• Workers exposed to asbestos, silica dust, lead, and hazardous chemicals may suffer from lung disease, respiratory problems, or long-term illnesses.

Temporary Total Disability (TTD) Benefits

• If an injury prevents workers from returning to work while recovering, they may receive two-thirds of their average weekly wage until they can resume work (RSMo 287.170).

Temporary Partial Disability (TPD) Benefits

• If workers can perform light-duty work at reduced wages, they may receive benefits to compensate for lost earnings (RSMo 287.180).

Permanent Partial Disability (PPD) Benefits

• If an injury causes permanent impairment but the worker can still work in some capacity, they may receive compensation for the permanent loss of function (RSMo 287.190).

Permanent Total Disability (PTD) Benefits

• If an injury prevents workers from returning to work, they may be entitled to weekly benefits for life or a lump-sum settlement (RSMo 287.200).

Death Benefits

• If a construction worker is fatally injured on the job, their surviving dependents may receive death benefits, including funeral expenses and weekly wage replacement (RSMo 287.240).

Can Independent Contractors Receive Workers’ Compensation?

Many construction workers are misclassified as independent contractors, which can prevent them from receiving workers’ compensation benefits. However, Missouri law considers a worker’s actual job duties, level of control, and relationship with the employer when determining whether they qualify for benefits.

You may still be eligible for workers’ compensation if misclassified as an independent contractor. A lawyer can help challenge the classification and ensure you get the compensation you deserve.

What If a Third Party Caused the Injury?

Sometimes, a third party (not your employer) may be responsible for your injury. You may be able to file a third-party personal injury lawsuit against:

• Equipment manufacturers (if a defective tool or machine caused the injury).
• Subcontractors (if another company’s negligence led to unsafe working conditions).
• Property owners (if dangerous conditions on a worksite contributed to the accident).

Unlike workers’ compensation, a third-party claim allows workers to seek additional damages for pain and suffering, full lost wages, and future medical costs.

How to Protect Your Workers’ Compensation Claim

• Report the injury immediately – Missouri law requires workers to notify their employer within 30 days of the injury (RSMo 287.240).
• Seek medical attention – Document all injuries and follow the treatment plan.
• Gather evidence: Take photos of the accident site, equipment, and injuries. If possible, get witness statements.
• Keep detailed records – Maintain copies of medical bills, employer communication, and lost wage documentation.
• Consult a workers’ compensation attorney. If your claim is denied or disputed, a lawyer can help you file an appeal and fight for full compensation.

Need Help with Your Workers’ Compensation Claim?

If you’re a construction worker and have been injured on the job, you have rights under Missouri workers’ compensation laws. The Law Office of James M. Hoffmann has over 30 years of experience fighting for injured workers and ensuring they receive the maximum compensation possible.

Contact us today for a free consultation to discuss your case and protect your rights.