Helena, MontanaHelena Construction Accident
Helena Construction Accident Lawyers: Job Site Falls, Trench Collapses and Contractor Negligence in Lewis and Clark County
Boland Aarab PLLP.
If you were hurt on a Helena construction site, workers’ compensation is usually your only claim against your own employer. But on a job site shared by a general contractor, subcontractors, equipment suppliers and a property owner, another company may be responsible, and a claim against it can recover the full damages comp does not pay. Most such claims must be filed within 3 years.
Key Takeaways
- Workers’ compensation does not bar a claim against a negligent third party (§ 39-71-412, MCA).
- A general contractor or owner can be liable to a subcontractor’s employee under a contractual safety duty, for inherently dangerous work, or for negligently exercised control (Fabich v. PPL Montana, 2007 MT 258).
- Private job sites in Lewis and Clark County fall under federal OSHA, through its Billings Area Office (OSHA Montana area office).
Hurt on a construction site in Helena, or lost someone on the job? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What kind of construction happens in Helena, and where do workers get hurt?
As the state capital, Helena has an unusual mix of construction: large state-owned projects, hospital and commercial work, residential subdivisions in the Helena Valley, and constant utility and street work in a city built on hillsides.
State and public projects. State agencies build and renovate offices, labs and cultural facilities in Helena. The recently completed Montana Heritage Center, a roughly 165,000-square-foot expansion and renovation of the state history museum near the Capitol, took about five years of construction (Montana Historical Society; MTPR, Dec. 2025). State-owned buildings must be permitted through the Department of Labor and Industry’s Building Codes Program rather than a local building department (DLI Building Codes). Public projects matter to an injury claim because a claim against the State must first be presented to the Department of Administration, and damages against government entities are capped (§ 2-9-301, MCA). The general contractor and subcontractors on a state job are usually private companies, and claims against them follow ordinary rules.
Residential growth. New homes and subdivisions across the valley put framers, roofers, concrete crews and excavators on sites where supervision may be thin and fall protection is often skipped on “just a quick” roof job.
Trenches and utilities. Water, sewer and storm-drain lines under Helena’s steep streets require deep excavation. The Montana Supreme Court has held that trenching is inherently dangerous work, so the owner or general contractor cannot simply hand off safety to a subcontractor (Beckman v. Butte-Silver Bow County, 2000 MT 112). OSHA requires cave-in protection in most excavations 5 feet or deeper (29 C.F.R. § 1926.652).
Winter work. Helena’s construction season does not stop for cold. Frost on steel and decking, snow-covered floor openings, icy ladders and scaffolds, and heaters in enclosed spaces create hazards that careful contractors plan for. OSHA’s fall-protection rules apply at 6 feet on unprotected edges (29 C.F.R. § 1926.501(b)(1)) and above 10 feet on scaffolds (§ 1926.451(g)(1)), whatever the weather.
What happens after a construction accident in Helena?
- Emergency care. Serious job-site injuries are usually taken to St. Peter’s Health in Helena, a DPHHS-designated State Area Trauma Hospital. The most severe may be transferred to a higher-level trauma center elsewhere in the state.
- Report the injury in writing to your employer and file the workers’ compensation claim on time. The comp claim runs through Helena-based institutions, but it is a separate matter; our work is on the third-party case.
- OSHA. A work-related fatality must be reported to OSHA within 8 hours, and an in-patient hospitalization, amputation or eye loss within 24 hours (29 C.F.R. § 1904.39). For Lewis and Clark County, federal OSHA’s Billings Area Office handles inspections. Its inspection file, photographs and interview notes can become important evidence.
- Identify every company on site. The general contractor, each subcontractor, the equipment rental company, the engineer and the owner. Building permits from the City of Helena’s Building Division or the state program can help identify them.
- Preserve the equipment. A failed scaffold, harness, ladder or lift should not be repaired or returned before inspection.
- The lawsuit. A third-party case over a Helena injury is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). An out-of-state contractor or manufacturer may remove it to the federal Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street (D. Mont. L.R. 1.2).
Montana law that applies
In brief: workers’ compensation is generally the exclusive remedy against a covered employer (§ 39-71-411, MCA), except for an injury specifically and actually intended (§ 39-71-413). Third-party claims survive (§ 39-71-412). Defective tools and equipment support strict product liability (§ 27-1-719, MCA). The comp insurer has a lien on a third-party recovery, subject to protections for the worker (§ 39-71-414). Fault is compared under § 27-1-702, MCA, and most claims have a 3-year deadline (§ 27-2-204). The statewide Montana construction accident lawyer page covers general-contractor liability and OSHA rules in depth.
Why hire a Great Falls firm for a Helena case?
A third-party construction case is a full lawsuit against contractors with their own insurers and defense lawyers, who will point at each other and at the injured worker. It needs fast investigation and trial preparation. We are based in Great Falls and handle cases statewide. Our attorneys travel to Helena job sites, depositions, hearings and trial. We do not have a Helena office.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers, Caitlin Boland Aarab and Samir Aarab, from the first call.
We also handle workplace injury cases in Helena, spinal cord injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I was hurt on a state building project in Helena. Can I sue the State? Possibly, but a claim against the State must first be presented to the Department of Administration, and damages are capped (§ 2-9-301, MCA). The private contractors on the project are often the main third parties.
Who investigates serious construction accidents in Helena? For private employers, federal OSHA through its Billings Area Office. Fatalities must be reported within 8 hours and hospitalizations within 24 hours (29 C.F.R. § 1904.39).
Can I sue the general contractor if I work for a subcontractor? Often. Montana allows it when the general contractor assumed safety duties by contract, when the work was inherently dangerous, or when it controlled the work and did so negligently (Fabich, 2007 MT 258).
A trench caved in on a Helena utility job. Who is responsible? Possibly the owner, the general contractor and the excavation contractor. Trenching is inherently dangerous work under Beckman, 2000 MT 112, and OSHA requires cave-in protection at 5 feet.
Does the Helena Valley’s cold weather excuse a fall on an icy scaffold? No. Contractors are expected to plan for winter conditions, and OSHA’s fall-protection rules apply in every season.
Talk to a Helena Construction Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 39-71-411, MCA · § 39-71-412 · § 39-71-413 · § 39-71-414 · § 27-1-719 · § 27-1-702 · § 27-2-204 · § 2-9-301, MCA · 29 C.F.R. § 1904.39 · § 1926.451 · § 1926.501 · § 1926.652 · Fabich v. PPL Montana, 2007 MT 258 · Beckman v. Butte-Silver Bow County, 2000 MT 112 · OSHA Montana area office · DLI Building Codes Program
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
