Construction sites pose unique risks to workers. Our law firm helps construction workers obtain full compensation for injuries sustained on the job.
When we are contacted for a construction site injury claim, the first thing we determine is how the parties are related. Missouri law defines, and limits, the legal duties an owner, contractor, subcontractors, independent contractors and employees have to one another. These relationships must be carefully analyzed to determine if a legal duty exists, and whether that duty was breached. Under Missouri law, most all claims by an employee against his or her employer must be filed as a workers compensation claim.
Beyond the above, Missouri courts have implemented certain legal principles such as the borrowed servant doctrine and the acceptance doctrine to insulate certain classes of people from liability.
Under Missouri law, the injured worker can also be held responsible for his or her own injuries, if they were negligent. In a workers compensation claim, there are specific deductions applicable if the workers was under the influence of drugs, alcohol, etc.
Defective fork lifts, defective tractors, defective back hoes, defective air compressors and many other types of heavy equipment cause serious injury and death to many working men and women. Most often these failures are due to improper welding, defective welding, defective installation, improper design, improper use, faulty wiring, defective wiring, loose connections, improper maintenance, etc.
These kind of lawsuits require the assistance of an engineer to determine what caused a particular piece of equipment to fail. Once the cause of the failure is pinpointed, it is the responsibility of a lawyer to analyze the information to determine if this was the fault of a manufacturer. If it is determined the manufacturer improperly designed the equipment, defectively produced the piece of equipment, or failed to provide an adequate warning to consumers indicating the potential dangers in the use of that equipment, then a Missouri personal injury lawsuit can be filed for product liability.
Our goal is to maximize your recovery. This means we may need to file both workers compensation claims against the employer, common law negligence claims against other responsible parties, and if warranted, a product liability claim if a worker is hurt as a result of defective or unreasonably dangerous construction equipment. In this scenario, the product liability claim may be brought against the manufacturer in conjunction with other
E. Ryan Bradley has handled many claims and lawsuits for hurt workers injured as a result of a dangerous work condition and where heavy equipment failures were responsible for serious injury or death.
If you or a loved one were injured by heavy equipment, please contact the lawyers at E. Ryan Bradley to discuss your case. We have decades of experience handling Missouri injury lawsuits and will effectively and aggressively represent you and your family.