Why Choose a Specialized Construction Accident Attorney
Construction accidents involve unique legal challenges that general personal injury lawyers often miss. At MorenoLawKC, we understand the complex intersection of workers' compensation, third-party liability, and OSHA violations that can dramatically impact your case outcome.
Attorney Anthony Moreno has dedicated his practice to protecting workers' rights in Kansas City. We know the tactics insurance companies use to minimize construction accident claims, and we fight back with aggressive representation focused on securing the maximum compensation you deserve.
Why Choose Us
Why MorenoLawKC Stands Out for Construction Accident Cases
Deep Understanding of Construction Site Hazards
We know construction sites inside and out. From scaffolding collapses to crane accidents, we understand the specific dangers construction workers face daily. This knowledge allows us to identify all potential sources of compensation and build stronger cases for our clients.
Comprehensive Legal Strategy
Most construction accidents involve multiple legal avenues for compensation. We pursue workers' compensation benefits while simultaneously investigating third-party liability claims against equipment manufacturers, subcontractors, and property owners. This dual approach often results in significantly higher compensation than workers' comp alone.
Aggressive Insurance Company Negotiations
Insurance companies know we mean business. Our reputation for thorough preparation and willingness to take cases to trial results in better settlement offers for our clients. We don't accept lowball offers when our clients deserve full compensation.
Local Kansas City Knowledge
Based at 601 Walnut, Suite 200, Kansas City, MO 64106, we understand local construction industry practices, common safety violations, and the specific challenges Kansas City construction workers face. This local knowledge gives our clients a significant advantage.
Advantages
✓ Free consultation for all construction accident cases
✓ No upfront costs - we handle all case expenses
✓ Licensed in Missouri and Kansas for comprehensive regional coverage
✓ Experienced in workers' compensation and personal injury law
✓ Thorough investigation of all accident circumstances
✓ Maximum compensation focus through multiple legal avenues
✓ Local Kansas City representation with deep community knowledge
✓ Aggressive negotiation with insurance companies
✓ Trial-ready preparation for optimal settlement outcomes
Practice Areas
Types of Construction Accidents We Handle
Fall Accidents
Falls remain the leading cause of construction fatalities. We handle cases involving falls from scaffolding, ladders, roofs, and unprotected edges. Our team investigates safety equipment failures, inadequate fall protection, and OSHA violations that contribute to these devastating accidents.
Scaffolding Accidents
Scaffolding collapses and falls cause severe injuries and fatalities. We examine scaffolding installation, maintenance records, and safety protocols to identify responsible parties, including scaffolding manufacturers, rental companies, and construction contractors.
Crane Accidents
Crane accidents often involve multiple responsible parties, from crane operators to equipment manufacturers. We investigate mechanical failures, operator error, inadequate maintenance, and safety protocol violations to build comprehensive liability cases.
Electrocution Accidents
Electrical hazards on construction sites can cause fatal injuries. We handle cases involving contact with power lines, defective electrical equipment, and inadequate electrical safety procedures, pursuing claims against utility companies, electrical contractors, and equipment manufacturers.
Machinery and Equipment Accidents
Heavy machinery accidents involve complex product liability and negligence issues. We investigate equipment defects, inadequate training, maintenance failures, and safety violations involving bulldozers, excavators, concrete mixers, and other construction equipment.
Struck-by-Object Accidents
Falling tools, debris, and materials cause serious construction site injuries. We examine safety protocols, protective equipment, and site supervision to identify negligent parties responsible for struck-by-object accidents.
Trench Collapse Accidents
Trench collapses can trap and crush workers, often resulting in fatal injuries. We investigate soil conditions, shoring requirements, and safety protocol compliance to hold responsible parties accountable for these preventable accidents.
Fire and Explosion Accidents
Construction site fires and explosions often involve multiple causes and responsible parties. We investigate fuel storage, welding operations, electrical systems, and safety protocol violations that contribute to these devastating accidents.
Compensation
Maximum Compensation for Construction Accident Victims
Workers' Compensation Benefits
Every construction worker in Missouri and Kansas deserves full workers' compensation benefits, including medical expense coverage, temporary disability payments, permanent disability benefits, and vocational rehabilitation when necessary.
Third-Party Personal Injury Claims
When parties other than your employer contribute to your construction accident, you may pursue additional compensation through personal injury claims. These claims can provide compensation for pain and suffering, full lost wages, and other damages not covered by workers' compensation.
Economic Damages
- Medical expenses: All past and future medical treatment related to your construction accident
- Lost wages: Full compensation for time missed from work during recovery
- Lost earning capacity: Compensation when injuries prevent return to previous work
- Vocational rehabilitation: Training and education for new career paths when necessary
- Equipment and modification costs: Wheelchairs, prosthetics, home modifications, and adaptive equipment
Non-Economic Damages
- Pain and suffering: Compensation for physical pain and emotional distress
- Loss of enjoyment of life: Compensation for activities you can no longer enjoy
- Disfigurement and scarring: Additional compensation for permanent visible injuries
- Loss of consortium: Compensation for impact on family relationships
Punitive Damages
In cases involving gross negligence or willful safety violations, punitive damages may be available to punish wrongdoers and deter future misconduct.
Common Injuries
Construction Accident Injuries We Handle
Traumatic Brain Injuries
Construction site head injuries can cause permanent cognitive impairment, affecting a worker's ability to return to work. We work with medical experts to document the full extent of brain injuries and pursue compensation for lifetime care needs and lost earning capacity.
Spinal Cord Injuries
Spinal cord damage from construction accidents often results in partial or complete paralysis. These catastrophic injuries require extensive medical treatment and adaptation. We fight for compensation covering medical expenses, equipment needs, home modifications, and lost future earnings.
Broken Bones and Fractures
Complex fractures from construction accidents may require multiple surgeries and extensive rehabilitation. We document all medical treatment and pursue compensation for medical expenses, lost wages during recovery, and any permanent disability.
Burn Injuries
Construction site burns from fires, explosions, or electrical contact can cause permanent scarring and disfigurement. We work with burn specialists to document injury severity and pursue compensation for medical treatment, reconstructive surgery, and emotional trauma.
Amputation Injuries
Construction equipment accidents sometimes result in traumatic amputations or require surgical amputation. These life-changing injuries require extensive medical treatment, prosthetics, and vocational rehabilitation. We fight for maximum compensation to cover all future needs.
Internal Injuries
Crush injuries and falling object accidents can cause serious internal organ damage. These injuries often require emergency surgery and extended hospitalization. We work with medical experts to document all injury-related expenses and complications.
Soft Tissue Injuries
While less severe than other construction injuries, soft tissue damage can still cause chronic pain and work limitations. We don't let insurance companies minimize these injuries and fight for fair compensation for all medical treatment and work restrictions.
Legal Information
Missouri Construction Accident Laws
Statute of Limitations
Missouri law provides five years from the date of injury to file personal injury lawsuits related to construction accidents. However, workers' compensation claims must be reported within 30 days of injury. Early legal consultation ensures all deadlines are met and evidence is preserved.
Workers' Compensation Requirements
Missouri law requires most construction employers to carry workers' compensation insurance. This no-fault system provides benefits regardless of who caused the accident, but benefits are limited compared to personal injury recoveries.
Third-Party Liability Laws
When parties other than your employer contribute to construction accidents, Missouri law allows pursuit of additional compensation through personal injury claims. These claims follow standard negligence principles and can provide full damages not available through workers' compensation.
OSHA Safety Standards
Federal OSHA standards govern construction site safety. Violations of these standards can provide strong evidence of negligence in personal injury claims and may result in additional penalties for employers.
Comparative Fault Rules
Missouri follows pure comparative fault rules, meaning your compensation is reduced only by your percentage of fault for the accident. Even if you were partially at fault, you can still recover compensation from other responsible parties.
Process
What to Do After a Construction Accident
Immediate Steps at the Accident Scene
- Seek immediate medical attention - Your health is the top priority
- Report the accident to your supervisor - Required within 30 days for workers' comp
- Document the scene - Take photos if safely possible
- Identify witnesses - Get contact information from anyone who saw the accident
- Do not admit fault - Avoid discussing the cause of the accident
- Keep all medical records - Documentation is crucial for your claim
After Leaving the Accident Scene
- Follow all medical treatment recommendations - Gaps in treatment can hurt your claim
- Keep detailed records - Document all expenses and lost wages
- Report to workers' compensation - File your claim promptly
- Contact MorenoLawKC - Call (816) 200-0467 for your free consultation
- Avoid recorded statements - Don't speak with insurance companies without legal representation
- Don't sign any documents - Insurance forms can waive important rights
Emergency Contact: Call 911 for immediate medical emergencies, then contact MorenoLawKC at (816) 200-0467
Insurance Company
Fighting Insurance Company Tactics in Construction Accident Cases
Insurance companies protecting construction companies, equipment manufacturers, and subcontractors use aggressive tactics to minimize payouts after construction accidents. At MorenoLawKC, we know these strategies and fight back with evidence-based legal representation that protects your rights.
Common Insurance Company Arguments Against Construction Workers
"The Worker Should Have Been More Careful
"Insurance companies frequently blame injured workers for their own accidents, claiming they failed to follow safety procedures or were careless. This victim-blaming tactic ignores employer responsibilities to provide safe working conditions and proper safety training.
"It Was Just an Accident - Part of the Job
"Insurance adjusters often dismiss construction accidents as unavoidable workplace hazards, suggesting workers "assume the risk" of injury. This argument ignores legal requirements for safe working conditions and employer liability for preventable accidents.
"The Injury Was Pre-Existing
"Workers' compensation and liability insurers routinely claim construction injuries existed before the workplace accident. They scrutinize medical records looking for any prior treatment to minimize their responsibility for current injuries.
"The Worker Was Intoxicated or Under the Influence
"Insurance companies often request drug and alcohol testing after construction accidents, hoping to find reasons to deny claims. Even when testing shows no impairment, they may argue that any detectable substances contributed to the accident.
"Safety Equipment Was Available but Not Used
"Insurers frequently argue that proper safety equipment was provided but the injured worker chose not to use it. This ignores employer responsibilities to enforce safety protocols and ensure proper equipment usage.
"The Accident Was Caused by Another Worker
"Insurance companies try to shift blame to co-workers or subcontractors to avoid liability. They argue that their insured party wasn't responsible for the unsafe conditions that caused the accident.
How MorenoLawKC Counters Insurance Company Tactics
Immediate Evidence Preservation
We act quickly to preserve crucial evidence before insurance companies can minimize or destroy it:
- Accident scene photography and measurements
- Equipment inspection and maintenance records
- Witness identification and statement collection
- Safety protocol documentation and training records
- OSHA violation reports and inspection histories
Expert Witness Development
We work with qualified experts who understand construction industry standards:
- Construction safety specialists who identify OSHA violations and unsafe practices
- Medical experts specializing in construction-related injuries
- Equipment engineers who identify machinery defects and failures
- Accident reconstruction specialists who determine exactly how accidents occurred
Comprehensive Medical Documentation
We ensure complete medical evidence to counter pre-existing injury claims:
- Independent medical examinations with construction injury specialists
- Diagnostic imaging and testing to document current injury extent
- Medical record analysis distinguishing new injuries from pre-existing conditions
- Treatment planning showing injury-related medical needs
OSHA Violation Investigation
We thoroughly investigate safety standard violations that contributed to accidents:
- Federal OSHA standards applicable to specific construction activities
- State safety regulations and local building code requirements
- Industry best practices and accepted safety protocols
- Company safety policy compliance and enforcement failures
Witness Interview Strategy
We locate and interview witnesses before insurance companies can influence their testimony:
- Co-worker statements about safety conditions and accident circumstances
- Supervisor interviews regarding safety training and equipment provision
- Subcontractor testimony about site conditions and safety protocols
- Expert witness preparation for depositions and trial testimony
Specific Defense Strategies We Use
Countering Worker Negligence Claims
When insurance companies blame workers for accidents, we demonstrate:
- Inadequate safety training provided by employers
- Unsafe working conditions that made accidents likely
- Defective safety equipment that failed to protect workers
- Supervisor pressure to work unsafely to meet deadlines
- Industry standard violations by employers and contractors
Proving Employer Responsibility
We establish employer liability through evidence showing:
- OSHA safety standard violations that contributed to accidents
- Inadequate supervision and safety enforcement
- Defective equipment and maintenance failures
- Unsafe work site conditions that employers failed to correct
- Insufficient safety training and protocol enforcement
Equipment Defect Documentation
When equipment failures contribute to accidents, we prove:
- Manufacturing defects in construction machinery and tools
- Design flaws that create unreasonable safety risks
- Inadequate safety warnings and operating instructions
- Maintenance requirement failures by equipment manufacturers
- Recall notices and known safety issues ignored by manufacturers
Third-Party Liability Development
We identify all responsible parties beyond direct employers:
- General contractors responsible for overall site safety
- Subcontractors whose negligence contributed to accidents
- Equipment rental companies providing defective machinery
- Property owners who failed to maintain safe premises
- Architects and engineers whose designs created unsafe conditions
Don't let insurance companies minimize your construction accident claim. The experienced team at MorenoLawKC knows how to counter their tactics and fight for the maximum compensation you deserve. Call (816) 200-0467 for your free consultation and learn how we can protect your rights against aggressive insurance company tactics.
Frequently Asked Questions
Construction Accident FAQs
Can I sue if I'm already receiving workers' compensation?
Yes, in many cases. Workers' compensation prevents you from suing your employer, but you can often sue third parties who contributed to your accident, including equipment manufacturers, subcontractors, and property owners. These third-party claims can provide compensation not available through workers' comp.
What if my employer doesn't have workers' compensation insurance?
If your employer illegally fails to carry workers' compensation insurance, you may be able to sue them directly for damages. This can result in higher compensation than workers' comp benefits, including pain and suffering damages.
How long do I have to file a construction accident claim?
You must report workplace injuries to your employer within 30 days for workers' compensation. Personal injury lawsuits against third parties must be filed within five years in Missouri. Early legal consultation ensures all deadlines are met.
What if I was partially at fault for my construction accident?
Missouri's comparative fault rules mean you can still recover compensation even if you were partially at fault. Your recovery is reduced only by your percentage of fault. An experienced attorney can minimize fault attribution and maximize your recovery.
Will I have to go to court for my construction accident case?
Most construction accident cases settle without trial. However, preparing for trial often results in better settlement offers. We prepare every case as if it's going to trial while working toward favorable settlements.
Can I be fired for filing a workers' compensation claim?
No. Missouri law prohibits employer retaliation against workers who file workers' compensation claims. If you face retaliation, you may have additional legal claims against your employer.
What if the construction accident was caused by defective equipment?
Equipment defects create product liability claims against manufacturers. These claims are separate from workers' compensation and can provide substantial additional compensation for construction accident victims.
How much does it cost to hire a construction accident lawyer?
MorenoLawKC offers free consultations for all construction accident cases. We handle all case expenses upfront and are paid only when we recover compensation for you. There are no upfront costs to get experienced legal representation.
Service Areas
Areas We Serve
Missouri
We represent construction accident victims throughout the Kansas City metropolitan area and surrounding Missouri communities, including:
Independence, Blue Springs, Lee's Summit, Raytown, Grandview, Belton, Raymore, Liberty, Gladstone, North Kansas City, Riverside, Parkville, Platte City, Excelsior Springs, Kearney, Smithville, Oak Grove, Grain Valley, Buckner, Levasy, and Sibley.
Kansas
Our Kansas practice includes construction accident representation in:
Overland Park, Olathe, Kansas City (KS), Shawnee, Lenexa, Leawood, Prairie Village, Merriam, Mission, Roeland Park, Fairway, Westwood, and surrounding Johnson County communities.
We provide comprehensive construction accident representation throughout the Kansas City metropolitan area, ensuring injured workers receive maximum compensation regardless of where their accident occurred.
