Construction sites are among the most dangerous workplaces in the country, even with Occupational Safety and Health Administration (OSHA) regulations and employer safety practices in place. Falls, equipment failures, and negligent subcontractors cause serious and sometimes fatal injuries every year.
If you or a loved one has been injured in a worksite accident caused by a third party such as a subcontractor, a property owner, or a defective product, you may have a claim for compensation beyond what workers' compensation provides.
At Dougherty & Holloway, our attorneys have more than 30 years of experience handling third-party claims for individuals injured on construction sites throughout Missouri and Kansas. We can evaluate whether a third-party claim is available in your case and explain how pursuing that claim may affect your existing workers' compensation coverage.


If you are injured on a construction site, your employer's workers' compensation insurance will typically cover a portion of your medical expenses and lost wages. However, workers' comp has significant limitations. It does not cover pain and suffering, it often does not fully replace your lost income, and it may not account for long-term impacts on your ability to work.
A third-party claim is separate from workers' compensation. It allows you to pursue compensation from a party other than your employer who contributed to your injury. This could be a subcontractor whose negligence caused the accident, a property owner who failed to maintain a safe site, or a manufacturer whose defective equipment or product caused your injury.
Unlike workers' compensation, a third-party claim can include compensation for pain and suffering, full lost wages, and future earning capacity. Dougherty & Holloway can evaluate your situation and determine whether a third-party claim is available alongside your workers' comp benefits.
This list is not exhaustive. If you were injured on a construction or work site due to a third party's negligence or a defective product, contact us to discuss your options.
We review the circumstances of your accident to determine whether you have a third-party claim in addition to workers' compensation. Many injured workers do not realize additional compensation may be available to them.
We investigate the accident site, review OSHA reports and safety records, identify all parties involved, and determine who bears responsibility for the conditions that caused your injury.
Construction accidents often involve multiple responsible parties, including subcontractors, property owners, equipment manufacturers, and general contractors. We pursue every available source of recovery.
We pursue compensation beyond what workers' comp provides, including pain and suffering, full lost wages, future earning capacity, and medical expenses not covered by your employer's insurance. If a fair settlement cannot be reached, we are prepared to take your case to trial.

"I have a great amount of confidence in my lawyer and friend, Phil Holloway. I was involved in a severe accident while at work. The thought of sorting through all the confusion related to medical care, bills, and a Workers' Compensation claim was overwhelming. I hired Mr. Holloway to help me and my wife understand the process and piece our lives back together after my serious injury."
Jonathan Christiano
Workplace Injury Client
Each client's case is unique. These testimonials reflect individual experiences and do not guarantee a similar outcome.
In most cases, workers' compensation is the exclusive remedy against your employer, meaning you cannot file a separate lawsuit against them. However, if a third party such as a subcontractor, property owner, or equipment manufacturer contributed to your injury, you may file a separate claim against that party for additional compensation beyond what workers' comp provides.
Workers' compensation is a no-fault system that provides limited benefits for medical expenses and a portion of lost wages. A third-party claim is a separate legal action filed against someone other than your employer whose negligence caused or contributed to your injury. Third-party claims can include compensation for pain and suffering, full lost wages, and future earning capacity, none of which are available through workers' comp alone.
Filing a third-party claim does not eliminate your workers' compensation benefits. However, if you recover compensation through a third-party claim, your workers' comp carrier may have a right to reimbursement for benefits it has already paid. An experienced attorney can help you navigate this process and maximize your total recovery.
Report the accident to your employer and seek medical attention immediately. Document the scene with photos if possible, including the equipment involved, the conditions at the site, and any safety violations you observed. Do not give a recorded statement to anyone other than your own attorney. Contact Dougherty & Holloway to discuss whether you have a third-party claim in addition to workers' compensation.
The consultation is free and there is no obligation. Call us today or fill out our form and we will get back to you as soon as possible.