Great Falls & MontanaConstruction Accident
Great Falls & Montana Construction Accident Lawyers: Construction Site Injuries, Falls, Scaffold Collapses and Trench Cave-Ins
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If you were hurt on a construction site in Great Falls or anywhere in Montana, 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 that workers’ compensation does not pay. Most such claims must be filed within three years.
Key Takeaways
- Workers’ compensation is generally the exclusive remedy against your employer (§ 39-71-411, MCA), but it does not bar claims against third parties (§ 39-71-412, MCA).
- A general contractor or owner can be liable to a subcontractor’s employee under three exceptions: a nondelegable duty by contract, inherently dangerous work, or negligently exercised retained control (Fabich v. PPL Montana, 2007 MT 258).
- The Montana Supreme Court has held that trenching is inherently dangerous work (Beckman v. Butte-Silver Bow County, 2000 MT 112).
- Federal OSHA construction standards in 29 C.F.R. part 1926 require fall protection at 6 feet, scaffold fall protection above 10 feet, and cave-in protection in most excavations 5 feet or deeper.
On this page: Your claims · Third parties · General contractor duties · OSHA rules · Common accidents · Workers’ comp lien · What to do · Damages and deadlines · Why Boland Aarab · FAQ
Hurt on a construction site, or lost someone on the job? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What claims do you have after a construction accident?
Most injured construction workers have a workers’ compensation claim against their employer and, in many cases, a separate injury claim against a third party whose negligence caused the accident.
Montana’s Workers’ Compensation Act is the exclusive remedy against a covered employer: the employer “is not subject to any liability whatever” for a covered employee’s injury or death, except as the Act provides (§ 39-71-411, MCA). A narrow exception allows a lawsuit for an intentional injury, which requires clear and convincing proof that the injury was specifically and actually intended (§ 39-71-413, MCA).
Workers’ compensation pays medical benefits and part of lost wages. It does not pay for pain and suffering, loss of the established course of life, or the full measure of lost earning capacity. The Act preserves your right to benefits even when a third party caused the injury, and it preserves your right to sue that third party (§ 39-71-412, MCA).
On a construction site, where several companies often work side by side, a third-party claim is common. For a broader overview, see our workplace injury page.
Who can be responsible besides your employer?
Many parties on a construction project are not your employer, and any of them may be responsible:
- The general contractor, which may control site safety, scheduling and the work of subcontractors.
- The property owner or developer, especially one that retains control over the work or assumes safety duties by contract.
- Other subcontractors, such as a crane company, an electrician or an excavation contractor whose workers created the hazard.
- Equipment and tool manufacturers, for defective scaffolds, ladders, lifts, harnesses, nail guns or saws (§ 27-1-719, MCA); see our product liability page.
- Equipment rental companies that supplied poorly maintained machinery.
- Engineers and architects whose plans or inspections created an unsafe condition.
- Drivers of trucks and equipment that strike workers, including in highway work zones.
- Utility companies responsible for overhead or buried lines.
When is a general contractor responsible for a subcontractor’s worker?
The general rule is that an owner or general contractor is not liable for injuries to an independent contractor’s employees, but Montana recognizes three important exceptions.
In Fabich v. PPL Montana, the Montana Supreme Court described the rule and its exceptions (2007 MT 258). An owner or general contractor can be liable when:
- It has a nondelegable duty based on a contract. When the contract shows that the owner or general contractor assumed responsibility for initiating, maintaining and supervising safety precautions, it cannot pass that duty to someone else.
- The work is inherently or intrinsically dangerous. Some work carries a special risk of harm unless special precautions are taken. In Beckman v. Butte-Silver Bow County, a worker was injured when the trench he was working in collapsed on a county water-pipeline project. The Court held that trenching is inherently dangerous because workers risk being buried unless the work is done safely, and it reversed summary judgment for the county (2000 MT 112).
- It retained control over the work and exercised that control negligently. A general contractor that directs how the work is done, sets safety rules, or controls the site and then fails to act reasonably can be responsible.
The limits matter too. In Fabich, the Court found that grit on a walking surface was an ordinary worksite hazard, not an inherently dangerous activity, and that the owner had not assumed a nondelegable safety duty by contract. Contracts, safety plans, meeting minutes and daily logs often decide which exception applies, so we obtain them early.
What OSHA rules apply on Montana construction sites?
Federal OSHA construction standards, in 29 C.F.R. part 1926, apply to private construction work in Montana.
Montana does not have an OSHA-approved state plan covering private employers, so federal OSHA enforces the standards on private job sites (OSHA State Plans). Key rules include:
An OSHA violation does not automatically decide a civil case, but these standards describe the precautions the industry is required to take, and they are powerful evidence of what reasonable care required. An OSHA inspection file, citations and interview notes can also be important evidence.
What are the most common construction accidents?
Montana construction accidents often involve:
- Falls from roofs, ladders, scaffolds, lifts, steel and unprotected floor openings.
- Scaffold collapses caused by overloading, missing planks, improper assembly or poor footing.
- Trench and excavation cave-ins on utility, pipeline and foundation work.
- Struck-by accidents involving falling materials, swinging loads, backing trucks and work-zone traffic.
- Caught-in and crush injuries from heavy equipment, collapsing walls and unguarded machinery.
- Electrocution from overhead power lines, buried lines and faulty temporary wiring.
- Crane and rigging failures.
- Defective tools and equipment, such as nail guns, saws, ladders and harnesses.
These accidents often cause traumatic brain injuries, spinal cord injuries, burns, amputations and multiple fractures.
How does a third-party claim work with workers’ compensation?
You can receive workers’ compensation benefits and pursue a third-party claim at the same time, but the workers’ compensation insurer generally has a right to be repaid from the third-party recovery.
Montana’s subrogation statute gives the insurer a lien on a third-party recovery, with rules that protect the injured worker, including limits when the worker has not been made whole (§ 39-71-414, MCA). How the lien is handled can make a real difference in what you take home, and we address it from the start.
What should you do after a construction accident?
- Get medical care, and tell every provider how the injury happened.
- Report the injury to your employer right away, in writing if possible, and file a workers’ compensation claim on time.
- Photograph the scene, the equipment, the missing guardrail or shoring, and your injuries, if you or a coworker can do so safely.
- Get names of coworkers, other contractors’ workers and supervisors who saw what happened.
- Identify every company on the site: the general contractor, the subcontractors and any equipment rental companies.
- Ask that equipment be preserved. A failed scaffold, harness, ladder or tool should not be repaired or discarded before inspection.
- Do not give a recorded statement to another company’s insurer before talking with a lawyer.
What can you recover, and how long do you have?
A third-party claim can recover the full harm a construction accident causes, including past and future medical care, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When a worker is killed, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA).
Montana’s comparative-fault law reduces a recovery by the injured person’s percentage of fault and bars it only if that share is greater than the combined fault of the defendants (§ 27-1-702, MCA).
Deadlines:
- 3 years to file most third-party injury and wrongful-death claims (§ 27-2-204, MCA).
- Workers’ compensation has much shorter notice and claim deadlines; see our workplace injury page.
- Public projects: claims against the State, a county or a city require written presentation of the claim first (§ 2-9-301, MCA).
The Boland Aarab Way
We are trial lawyers, and we prepare every case as if it will be tried and then appealed. General contractors and their insurers know which injured workers’ lawyers will take a case to a jury, and that knowledge shapes what they offer.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case summary).
- 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. See our results.
- We know federal and appellate 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. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle construction accident cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle construction accident cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle workplace injury, product liability and truck accident cases.
Where do we handle construction accident cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle construction accident cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings construction accident lawyers, Missoula construction accident lawyers, Helena construction accident lawyers, Bozeman construction accident lawyers, Butte construction accident lawyers, Kalispell construction accident lawyers and Havre construction accident lawyers.
Frequently Asked Questions
Can I sue my employer for a construction accident in Montana? Generally not. Workers’ compensation is the exclusive remedy against a covered employer, except for an intentional injury proven by clear and convincing evidence (§§ 39-71-411, -413, MCA).
Can I sue the general contractor if I work for a subcontractor? Often, yes. A general contractor can be liable when it assumed safety duties by contract, when the work was inherently dangerous, or when it retained control and exercised it negligently (Fabich v. PPL Montana, 2007 MT 258).
Is trench work considered inherently dangerous in Montana? Yes. The Montana Supreme Court has held that trenching is inherently dangerous work (Beckman v. Butte-Silver Bow County, 2000 MT 112).
At what height is fall protection required on a construction site? Generally 6 feet for unprotected sides and edges (29 C.F.R. § 1926.501(b)(1)) and more than 10 feet on scaffolds (29 C.F.R. § 1926.451(g)(1)).
Can I get workers’ comp and also bring a lawsuit? Yes. Workers’ compensation benefits do not bar a claim against a third party (§ 39-71-412, MCA), although the insurer generally has a lien on the recovery (§ 39-71-414, MCA).
What if a defective ladder, scaffold or tool caused my injury? The manufacturer or seller may be strictly liable (§ 27-1-719, MCA). Make sure the equipment is preserved for inspection.
How long do I have to file a construction accident lawsuit in Montana? Generally 3 years for a third-party injury or wrongful-death claim (§ 27-2-204, MCA). Workers’ compensation deadlines are much shorter.
Talk to a Great Falls Construction Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 39-71-411, MCA · § 39-71-412, MCA · § 39-71-413, MCA · § 39-71-414, MCA · § 27-1-719, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 2-9-301, MCA · 29 C.F.R. § 1926.451 · 29 C.F.R. § 1926.501 · 29 C.F.R. § 1926.651 · 29 C.F.R. § 1926.652 · Fabich v. PPL Montana, 2007 MT 258 · Beckman v. Butte-Silver Bow County, 2000 MT 112 · OSHA State Plans
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
