Construction/ Industrial accidents are distinct by nature of the OSHA (Occupational Safety and Health Administration) and MHSA (Mine Health and Safety Act) regulations that protect workers injured on a construction, industrial or mine site. If you are injured on a work site, more often than not, your direct employer has insured you with worker’s compensation insurance. When Workers’ Compensation is provided and you are injured on the job, you cannot file a law suit against your direct employer, however, other contractors on a job site and the owner of the job site also owe a duty to an injured worker to comply with Montana’s SPWA (Safe Place to Work Act) and may be sued for damages for violating that act or failing to keep their premises in a safe condition. So, if you are injured in a job site accident and receive worker’s compensation benefits you still have an opportunity to bring a law suit against the owner of the job site and other contractors at the job site even if your own employer has covered you for worker’s compensation benefits.
When a fall from a roof occurs due to a lack of fall protection or when bad scaffolding or ladders result in spinal cord injury or death to a construction worker the question of the negligence of the owner of the job site or other contractors at the job site negligence comes into play. After a construction accident it is nearly certain that employers or property owners will have their own attorneys whose sole job is to limit the liability of their client. An injured worker, likewise, needs his or her own advocate to insure that his or her rights are protected and that all rightful compensation is paid, whether through worker’s compensation and/or law suits involving manufacturers, job site owners, or other general or sub-contractors.
If you or a family member were injured at a construction work site a prompt investigation may reveal that the Montana SPWA, MSHA or OSHA regulations were not followed and we can help you seek full compensation even if you’re collecting worker’s compensation benefits.