Construction Site Injuries in Missouri
Whether an injured construction worker in Missouri can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Missouri's workers' compensation law sets the general rule for construction injuries. A covered employer must pay compensation regardless of fault and is released from all other liability, and the worker's rights under the law exclude other remedies; Mo. Rev. Stat. §§287.120.1, .2, 287.150
| Construction site injuries | Missouri's workers' compensation law sets the general rule for construction injuries. A covered employer must pay compensation regardless of fault and is released from all other liability, and the worker's rights under the law exclude other remedies; co-employees are also released unless they committed an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. When a third party is liable, the employer is subrogated to the worker's claim against that party and recoveries are shared under the statute. §287.150: https://revisor.mo.gov/main/OneSection.aspx?section=287.150 . No search for a scaffold-type statute was done; no absence claim is made. |
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| Fault rule (comparative negligence) | Pure comparative fault. In product liability claims, the statute expressly applies pure comparative fault: the plaintiff's fault reduces the award proportionately but does not bar recovery. Missouri applies the same pure comparative fault approach to negligence cases generally through court decisions. In dog-bite cases, damages are reduced by the injured person's percentage of fault. |
| Deadline to sue for an injury | Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years. Some injury claims have shorter periods under other sections (for example, medical malpractice, two years; wrongful death, three years). Source: Mo. Rev. Stat. § 516.120(4) |
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FAQ
Can you sue for a construction accident in Missouri?
Missouri's workers' compensation law sets the general rule for construction injuries. A covered employer must pay compensation regardless of fault and is released from all other liability, and the worker's rights under the law exclude other remedies; co-employees are also released unless they committed an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. When a third party is liable, the employer is subrogated to the worker's claim against that party and recoveries are shared under the statute.
Can you recover damages if you were partly at fault in Missouri?
Pure comparative fault. In product liability claims, the statute expressly applies pure comparative fault: the plaintiff's fault reduces the award proportionately but does not bar recovery. Missouri applies the same pure comparative fault approach to negligence cases generally through court decisions. In dog-bite cases, damages are reduced by the injured person's percentage of fault.
What is the statute of limitations for personal injury in Missouri?
Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.