Missoula, MontanaMissoula Construction Accident
Missoula Construction Accident Lawyers: Job Site Falls, Trench Collapses, Work Zone Crashes and Third-Party Claims in Missoula County
Boland Aarab PLLP.
If you were hurt on a construction site in Missoula, workers’ compensation is usually your only remedy against your own employer, but it is often not your only claim. A general contractor, a property owner, another subcontractor or an equipment maker may be responsible, and a claim against them can recover the full damages workers’ compensation does not pay.
Key Takeaways
Hurt on a Missoula job site, or lost someone on the job? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What construction is happening in and around Missoula?
Missoula has been building steadily, and the work ranges from single homes to major public projects. The kinds of sites that produce serious injuries include:
- New neighborhoods on the west side. In the Mullan Road area, Missoula County used a $13 million federal BUILD grant, with local funding, to build new streets, roundabouts and utilities to serve future housing (KPAX). Road and utility work of this kind means trenches, heavy equipment and traffic control.
- Highway and street reconstruction. MDT is designing a reconstruction of Russell Street between Dakota Street and Mount Avenue and West Broadway between Mullan Road and Toole Avenue, with construction tentatively planned for spring 2029 (MDT). The city and MDT are also studying the Reserve Street and Higgins Avenue corridors. Work zones on busy urban streets expose flaggers and crews to passing traffic.
- Housing, commercial and institutional buildings, including apartment and townhome projects, hospital and university construction, and remodels of older downtown buildings, which can also involve asbestos and lead.
Missoula’s climate shapes the risk. Crews race to close in buildings before winter, then work through short days, frozen ground, ice on decking and snow loads on unfinished roofs. Summer brings wildfire smoke that the Missoula Public Health air program monitors each year (Missoula Public Health), heat, and long hours to make up schedules.
What happens after a construction accident in Missoula?
Medical care. Falls, crush injuries and electrocutions are often treated at Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS).
The workers’ compensation claim. Report the injury to your employer in writing and file your workers’ compensation claim on time. Workers’ compensation deadlines are short. We do not handle the workers’ compensation claim itself; we handle the separate third-party injury claim, and we coordinate with your workers’ compensation counsel, including on the insurer’s lien against any recovery (§ 39-71-414, MCA).
OSHA. Montana does not have a state plan for private employers, so federal OSHA investigates serious private-sector construction accidents. The Billings Area Office covers Montana (OSHA Montana Area Office). Its inspection file, photographs and interview notes can become key evidence.
Identify everyone on the site. Get the names of the general contractor, the subcontractors, the equipment rental company and the supervisors. On public projects, find out whether the owner is the city, the county or the State; claims against them must be presented in writing first (§ 2-9-301, MCA).
Which court. A third-party lawsuit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). When a contractor or equipment manufacturer is based outside Montana, the case may be removed to the Missoula Division of the U.S. District Court at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula).
Montana law that applies
- Exclusive remedy against the employer: workers’ compensation, except for an intentional injury proven by clear and convincing evidence (§§ 39-71-411, -413, MCA).
- General contractors and owners can be liable under a nondelegable contractual safety duty, for inherently dangerous work, or for negligently exercised retained control (Fabich). Beckman involved a trench collapse on a county water-pipeline project.
- OSHA standards in 29 C.F.R. part 1926 require fall protection at 6 feet, scaffold protection above 10 feet and cave-in protection in most excavations 5 feet or deeper.
- Defective equipment can support a strict-liability claim (§ 27-1-719, MCA).
- Deadline: generally 3 years for a third-party injury or wrongful-death claim (§ 27-2-204, MCA).
For more, see our Montana construction accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle construction injury cases statewide. These cases turn on contracts, safety plans, daily logs and the testimony of people from several companies, and they reward lawyers who are ready for trial. Our attorneys travel to Missoula for site inspections, depositions, hearings and trial.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, 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, and Samir Aarab has argued twice before the Ninth Circuit.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula workplace injury and Missoula spinal cord injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
Can I sue the general contractor on a Missoula job if I work for a subcontractor? Often, yes, if the general contractor took on safety duties by contract, the work was inherently dangerous, or it controlled the work and did so carelessly.
Who investigates a construction accident in Missoula? For private job sites, federal OSHA, through its Billings Area Office. Law enforcement may also respond, and a work-zone crash involving a driver is investigated like any other crash.
I was a flagger hit by a car in a Missoula work zone. Who pays? Workers’ compensation covers benefits, and the driver who hit you, and possibly a contractor responsible for traffic control, may be liable in a third-party claim.
Does Boland Aarab handle my workers’ compensation claim? No. We handle third-party injury claims against companies other than your employer, and we work alongside your workers’ compensation counsel.
How long do I have to file a construction injury lawsuit in Missoula? Generally 3 years for a third-party claim, but claims involving the city, the county or the State have notice requirements, and evidence on a job site changes daily.
Talk to a Missoula Construction Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
