Construction Injury Lawyer

How Much Are Construction Injury Claims Worth?

The more severe and more permanent your injury, the larger the amount of damages you can claim. Common construction injuries include:

• Traumatic brain injury
• Spinal cord injury and paralysis
• Burn injuries
• Amputations
• Fractures and orthopedic injuries
• Wrongful death

Workers’ compensation helps you get past the immediate crisis, but is rarely enough to cover the long-term effects of a serious injury.

In catastrophic injuries, the experience of the injury lawyer arguing your case could mean a difference of millions in your eventual payout.

There is no standard formula or average compensation for a personal injury claim. Damages are based on factors including what happened, the severity of the injury, and the impact on your earning potential.

Your lawyer can seek two kinds of compensation in your case: economic damages and non-economic damages.

Economic damages are expenses with a real, provable dollar amount. It’s important to have an experienced attorney who can estimate what your injuries will cost now and in the future.

Economic damages include:

• Past and future medical expenses
• Full lost wages while you’re off work
• Reduced future earning capacity
• Property damage
• Out-of-pocket expenses related to the injury, like the cost of transportation if you’re left unable to drive

Non-economic damages are intangible, but they’re no less real. Your lawyer will seek compensation for non-economic damages like:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium

In rare cases where a defendant was especially reckless, a court may also award punitive damages. These are damages over and above your claim, assessed to punish the defendant.

The Growing Problem of Construction Accidents in Missouri

St. Louis is booming. Major construction projects totaling in the billions are under way. Meanwhile, the St. Louis Regional Freightway is expanding infrastructure across eastern Missouri and southwest Illinois.

Every active job site is a potential accident injury site. In 2025, more than 4,000 construction-related injuries were reported to the Missouri Department of Labor. Nationwide, one in every 5 workplace fatalities is a construction worker.

These aren’t abstract statistics. They represent real people doing physically demanding jobs, often while under pressure to move fast. When these hardworking people are hurt, they deserve compensation.

You deserve more for your injury than two-thirds wages as compensation. Call (314) 433-9131 to schedule your free, confidential personal injury consultation.

 

Missouri Laws Affecting Construction Injury Claims

When choosing a lawyer to represent you in your personal injury claim, be sure they have experience in construction-related injuries and understand the relevant sections of Missouri law.

Workers’ Compensation Coverage

Missouri employers in the construction industry are required to carry workers’ compensation insurance if they have even one employee.

A worker whose injury is covered by workers’ compensation cannot sue their employer for further damages. However, they can seek damages from other parties in addition to pursuing workers’ comp.

Statutory Employer Doctrine

In some cases, the general contractor is considered the statutory employer of a subcontractor’s workforce, even though they are technically employed by different companies. This can affect third-party liability.

It takes careful legal analysis from an experienced construction accident attorney to know if this doctrine applies to your case.

Comparative Fault Rule

Missouri follows a rule of pure comparative fault. That means that even if you were partly to blame for the accident that caused your injury, you can still file a claim for the remainder of the blame.

For example, if the court determines a $50,000 claim was 50% your fault, you can still file suit for $25,000.

Statute of Limitations

How long you have to file a claim depends on the kind of claim and who it’s against.

Workers’ compensation: Injuries must be reported promptly. You then have 2 years from the date of injury to file a claim.

Personal injury: You have 5 years from the date of the injury to file a personal injury claim against a third party that is not your employer.

Wrongful death: Families have 3 years from the date of death to file a wrongful death claim.

Claims against government entities: When the defendant is a government entity, the statute of limitations is dramatically shorter—it can be as little as 90 days. In some cases, special notice requirements may also apply.

If you’ve been hurt in a construction accident, don’t wait. As time passes, evidence is lost and witnesses forget. Schedule your free consultation now.

 

Why Injured Construction Workers Turn to Fernandez Law

EXPERIENCE	Fernandez Law has a strong focus on catastrophic injury claims. We understand the life-altering impact of serious injuries, and how much compensation you’ll need both now and in the future.
KNOWLEDGE	In Missouri, workers’ compensation and third-party civil suits operate under different rules and timelines. Fernandez Law understands how your two claims might impact each other, and coordinates both tracks so you get maximum compensation.
INDEPENDENT INVESTIGATION	We’re not satisfied to read reports. We’ll conduct our own thorough investigation to identify every party who might bear some share of the responsibility. A lawyer who sues only the most obvious defendant is leaving money on the table.
TRIAL READY	Insurance companies know which law firms will take a quick settlement and which are prepared to argue in court. When negotiating with us, they skip the lowball offers. With more than 30 years of trial experience, Fernandez Law has proven we’ll take a claim as far as we need to get our clients what they deserve.

 

Gonzalo Fernandez

Personal Injury Lawyer With 30+ Years Experience in St. Louis Courts

Gonzalo Fernandez has spent more than 30 years fighting for people who were hurt by the actions or negligence of others.

The law firm he founded, Fernandez Law, has achieved the highest-possible rating from Martindale-Hubbell, which ranks lawyers’ legal ability and ethical standards based on reviews by their peers.

 

Gonzalo’s professional honors include:

• Recognition with a Lifetime Achievement Award by The National Trial Lawyers, which also named him a Top 100 Trial Lawyer
• Named to the Nation’s Top 1% by the National Association of Distinguished Counsel
• Named a Best Lawyer by both St. Louis Magazine and Alive Magazine
• Named one of the Top Attorneys of Missouri by both Missouri Top Lawyers and KC Magazine

Full Profile

Awards and Recognition

• AV Preeminent Rated, Martindale-Hubbell
• Nation’s Top 1%, National Association of Distinguished Counsel
• Top 100 Trial Lawyers, The National Trial Lawyers
• Lifetime Achievement, The National Trial Lawyers
• Best Lawyers, St. Louis Magazine
• Top Attorneys of Missouri, Missouri Top Lawyers
• Top Attorneys of Missouri and Kansas, KC Magazine

Gonzalo Fernandez is the lawyer you need to get the construction injury compensation you deserve.

Call (314) 433-9131 to schedule your free, confidential consultation.

 

Common Causes of Construction Accidents Around St. Louis

Construction sites are inherently dangerous. They combine hazardous elements with multiple workers in close quarters, all in an environment so loud it can be hard to communicate.

Falls From Heights: The No. 1 Cause of Construction Site Fatalities

OSHA requires fall protection at heights of six feet or more, but these precautions are often ignored.

Scaffolding Accidents Lead to Falling People and Debris

Scaffolding that’s defective, overloaded, or wasn’t erected correctly is prone to collapse, creating a danger to people on the scaffold and to people beneath.

Struck-By Incidents Can Cause Catastrophic Injury

On a construction site, people can be hit by any number of falling, swinging, or rolling objects: tools, unsecured materials, moving loads, and moving vehicles.

Electrical Injuries: The Invisible Danger

Unmarked utilities, overhead power lines, exposed wiring, and ungrounded equipment create deadly unseen hazards.

Cave-Ins: Among the Most Instantly Fatal Hazards In the Industry

Collapsing trenches and excavation pits are a known hazard, burying workers under potentially fatal weight.

Machinery Accidents: Defective Equipment or Operator Error

Construction sites often use heavy machinery, which can be made dangerous through equipment defects, inadequate safety precautions, or operator negligence.

Defective Equipment Can Hurt Users

When a defective piece of equipment causes injury, the manufacturer and maintenance provider may be held liable.

Toxic Exposure Can Have Long-Term Health Effects

Construction workers are routinely exposed to toxic substances like silica dust, asbestos, lead paint, and solvents. Over time, chronic exposure can have a long-term impact on workers’ health.

Fires and Explosions Can Have Devastating Consequences

With gas line work, chemical storage, and welding sparks, a construction site can be a tinder box.

 

What to Do If You’ve Been Injured In a Construction Accident

The things you do — and don’t do — in the first hours and days after being hurt on a construction site can affect both your legal claim and your long-term health.

Get emergency medical care, even if you feel OK. Many serious internal injuries don’t show immediate symptoms.

Report the injury. Report the injury to your employer or supervisor in writing.

Get an independent medical evaluation. Workers’ compensation law gives your employer the right to direct your initial medical treatment.

Get a second exam by a doctor you choose to make sure the full extent of your injuries is documented.

Document everything. Construction sites change fast, and evidence can be lost or buried. If you can, photograph the accident scene, the hazard, and your injuries. While your memory is fresh, write down what happened or record yourself explaining it.

Gather contact information. Get names and contact information from any witnesses to the accident.

Preserve evidence. If you can, preserve any defective equipment, broken gear, or other physical evidence. Do not get broken or damaged equipment repaired.

DON’T talk to insurance adjusters. Don’t give a statement of any kind to insurance adjusters without first consulting a lawyer.

DON’T accept a settlement without legal advice. Insurers move fast, hoping you’ll accept an early settlement that sounds good before you understand everything you’re entitled to.

Contact Fernandez Law as soon as possible after your injury.

We’ll make sure evidence is preserved, your rights are protected, and your claim is positioned for maximum compensation.

 

FAQ

How do I know if I have a construction injury case?

You may have a legal claim if you were injured on or near a construction site; someone other than you was at least partly to blame; and you suffered measurable physical, emotional, or financial harm.

Even if you received workers’ compensation, you may still have a legal claim against responsible parties other than your employer.

How much is my construction injury case worth?

There is no “average” award for construction injuries, or any personal injuries. The value of a claim depends on factors including:

• Severity and permanence of injury
• The injured person’s pre-injury earnings potential
• Current and future medical costs
• Non-economic damages
• The level of negligence
• The degree of comparative fault
• Insurance limits
• Evidence presented by attorneys for both sides

My employer wants me to file for workers’ compensation. Can I sue instead?

No. In Missouri, if you are hurt in the workplace, workers’ comp is typically the only compensation you can claim from your employer.

However, most serious injuries are the fault of multiple parties. An experienced personal injury attorney can uncover third parties such as contractors or property owners, who contributed to your injury. The law allows you to sue third parties while still collecting workers’ compensation.

Can I file a construction injury claim if I’m an independent contractor?

Missouri’s workers’ compensation laws protect employees, not contractors. However, as an independent contractor, you can pursue a civil claim against non-employer parties who contributed to your injury.

If you were treated like an employee even though your legal status was independent contractor, you may be able to claim workers’ compensation as a misclassified employee.

Fernandez Law can help you sort out your status and identify every possible path to compensation.

How long do I have to file a construction injury claim in Missouri?

You must report the injury to your employer promptly. Once reported, you must file a workers’ compensation claim within 2 years of the injury.

Personal injury claims against third parties must be filed within 5 years of the injury.

If the party at fault was a government entity, special rules apply. You may have as little as 90 days to file a claim, so don’t wait to get legal advice.

An insurance adjuster already called and offered me a settlement. It sounds pretty good. Should I take it?

No. Insurers move fast after an injury, hoping to pressure you into a settlement before you talk to a lawyer. You can be sure they won’t offer you more than the bare minimum. If you accept it, you won’t be able to get more later, even if your future costs are higher than what you settled for.

How long will a construction injury case take?

The timeline varies based on the complexity of the case. A case may resolve in months or go on for several years. In your free consultation, Fernandez Law will give you an honest estimate of the timeline you can expect.

How much does it cost to file a lawsuit for a construction injury?

Fernandez Law works on a contingency basis: if we don’t win, you don’t pay.

There is no upfront cost for us to represent you, investigate your accident, and negotiate on your behalf. Our fee is taken as a percentage of your settlement or award, so it’s in our own best interest to get you as much as we can.

 

Time Is Running Out. Call Now for Legal Advice

Construction sites change fast, and the window to preserve evidence is narrow. Every day you wait to file your claim, evidence degrades, witnesses forget, and your expenses pile up.

If you or a loved one was hurt on a St. Louis-area construction site, schedule a free, confidential consultation. We’ll listen and give you an honest assessment of your case with no obligation and no up-front fees.