Were you injured in a construction accident in Kalispell, Montana? In addition to being in pain, you might be worried about how you’ll pay the growing stack of medical bills and your regular expenses, particularly if your injury or permanent injuries hinder your immediate return to work. What do you do next? A compassionate Kalispell construction accident lawyer from Travis, Moore & Brann PLLP understands your difficulties.
A Kalispell construction accident lawyer from Travis, Moore & Brann PLLP is here to provide you with guidance and support. Whether you need more clarity about your legal options or are ready to pursue justice, our team can help you obtain the compensation you deserve. Call us today at for a free consultation about your case.
Most Common Kinds of Construction Accidents
Here’s a detailed look at some of the more serious injuries and common kinds of construction accidents:
Falls from heights
These falls are among the leading causes of injuries and fatalities at construction sites. Whether working on scaffolding, ladders, roofs, or other elevated surfaces, inadequate safety measures like missing guardrails or harnesses can lead to devastating falls. Even a relatively short drop can cause severe injuries, including broken bones, spinal cord trauma, or traumatic brain injuries. Proper training and following safety protocols are essential to preventing construction site falls.
Struck by falling objects
Tools, equipment, and building materials can easily fall from overhead scaffolding or structures, striking workers below. Hard hats offer some protection, but falling objects can still cause concussions, lacerations, or more severe injuries. Construction sites must implement secure storage methods and protective barriers to minimize these risks.
Electrocution
Exposed wiring, faulty equipment, or improperly grounded machinery can lead to severe electrical injuries, especially in wet or damp conditions. Electricians and other workers often come into contact with live wires during repairs or installations, making strict adherence to lockout/tagout procedures and personal protective equipment vital. Electrocutions can result in burns, nerve damage, or even death in extreme cases.
Caught-in/between accidents
Workers may become trapped or crushed when machinery, trenches, or building materials shift unexpectedly. Heavy equipment can pin workers against solid objects, leading to crushed or amputated limbs, broken bones, or worse. Trench collapses are particularly dangerous, as soil or debris can bury workers within seconds. Employers must reinforce trenches and educate workers on safely operating machinery to prevent these tragedies.
Machinery accidents
Construction sites rely heavily on machinery like forklifts, bulldozers, and cranes, which require proper maintenance and training. Malfunctioning equipment or a lack of training on specific machinery often causes severe injuries, such as amputations, lacerations, or crush injuries.
Slip and falls
Construction sites often have uneven terrain, debris, and wet surfaces that pose slip and fall hazards. Workers rushing to complete tasks may overlook slippery spots or trip over stray tools, leading to twisted ankles, broken bones, or head injuries.
Common Injuries in Construction Accidents
Accidents on construction sites can lead to various injuries, many of which are severe or life-altering. Injuries that often result from a construction site accident or accidents include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Burns and electrocution
- Amputations
- Internal organ damage
- Soft tissue injuries
These injuries likely require extensive medical care and rehabilitation, and they can impact your ability to work and live as you did before personal injuries.
Workers’ Compensation in Montana
If you were injured on the job in Montana, you’re probably entitled to workers’ insurance company” compensation benefits. Most employers in the state are required to provide workers’ comp insurance for their employees. This type of insurance is an exclusive remedy, which means that in exchange for providing this insurance for their employees, employers are protected from being sued by their workers for work-related accidents in most cases.
For you to be eligible for workers’ comp benefits, your injury must arise in the course of your performance of your work duties. Additionally, you must give notice within 30 days of the accident date to qualify for your workers’ comp case benefits. You must also submit a First Report of Injury form within a year of the accident. You can give this form to your employer, their workers’ comp carrier, or the Montana Department of Labor & Industry.
Workers’ Compensation Benefits
With a Kalispell construction accident lawyer, you could be entitled to several types of benefits, including:
- Medical care: Reasonable medical care is covered. This includes doctor, hospital, and prescription medication costs for up to five years after the date of injury.
- Travel expenses: If your medical care requires you to travel more than 100 miles per month, reasonable travel expenses will be paid unless similar care is available within your community.
- Wage loss benefits: If you can’t work because of your injury, you could be entitled to temporary total disability (TTD) benefits. You can receive these benefits until you have reached maximum medical improvement (MMI) or are released to return to your pre-injury employment or a similar job. TTD benefits equal two-thirds of your gross wages at the time you were injured, up to a maximum. If you can return to restricted work that pays less than your regular job, you can receive temporary partial disability (TPD) benefits. These benefits are the difference between your pre-injury wages and your current wages. If your injury renders you incapable of performing any kind of work, you can receive permanent total disability (PTD) benefits until you can receive Social Security retirement benefits.
- Rehabilitation benefits: If your permanent impairment from the work injury prevents you from returning to your regular job, but you can still work, you may be entitled to vocational rehabilitation benefits.
Third-Party Claims in Construction Accident Cases
If someone other than your employer, construction company, or a co-worker caused the accident that injured you, you might be entitled to file a third-party claim with that party’s insurer. In such a claim or lawsuit, you could pursue a wider range of compensation than you can receive through workers’ comp. With a Kalispell construction accident lawyer, you could seek and maximize compensation for:
- Medical expenses: This includes current and future medical bills, such as hospitalization, surgeries, therapy, and prescriptions.
- Lost wages: If your injuries keep you from working, you may be able to receive compensation for the wages you missed out on while you were recovering.
- Loss of earning capacity: If your injuries lead to a reduction in your income because you must change jobs or work reduced hours, you can claim compensation for the loss of your future earning potential.
- Pain and suffering: Physical pain and emotional distress don’t have a specific price, but they are actual losses. You can receive compensation for this loss with a third-party claim.
- Disability or disfigurement: Injuries resulting in long-term disability or visible disfigurement can also warrant compensation.
Construction Accident Statistics
Nationwide, among workplace accidents, the construction industry consistently ranks as one of the most dangerous. The Occupational Safety and Health Administration (OSHA) reports that the “Fatal Four” accidents account for nearly 60% of all construction-related deaths.
Pursuing a Construction Accident Claim or Lawsuit
After an accident, you might feel overwhelmed with the process ahead, but our team of Kalispell construction accident lawyers will guide you every step of the way. Why should you hire a construction accident lawyer for your claim? What are the benefits of hiring a personal injury lawyer? Here’s what you can expect:
- Initial consultation: During your free consultation with Travis, Moore & Brann PLLP, we’ll listen to your story and advise you on your options, whether filing a workers’ comp claim, a third-party personal injury claim, or both.
- Investigation and evidence gathering: We’ll thoroughly investigate your accident, gather evidence to show how it occurred if it’s a third-party claim, collect medical evidence to prove the extent of your injuries and their effect on your life, and consult experts if necessary to build a strong case.
- Claim filing and negotiation: We’ll handle all negotiations and mediations with the insurance companies and any third parties, aiming for a settlement that covers your losses.
- Litigation: If we can’t reach a fair settlement, our lawyers will vigorously represent you in court to secure just compensation.
- Resolution and Support: We’ll work hard to get you the compensation you’re entitled to and provide continued support as you recover.
FAQs About Construction Accident Lawsuits
We understand that pursuing compensation after a construction accident can be overwhelming. To help you feel more confident about your options, we’ve compiled answers to some of the questions our clients commonly ask workers’ compensation insurance.
How long do I have to file a construction accident claim in Montana?
In Montana, the statute of limitations for personal injury claims allows an injured person three years from the accident date to file a lawsuit against the at-fault party. You have only one year to file a workers’ compensation claim. While these might sound like generous timeframes, starting the claims process early is essential. Evidence can deteriorate over time, and witnesses may forget crucial details, which could weaken your case.
How much will it cost to hire a Kalispell construction accident lawyer?
At Travis, Moore & Brann PLLP, we operate on a contingency fee basis. That means you won’t owe any legal fees unless we successfully recover compensation for you. Our fees will then come out of the settlement or verdict you get. You’ll receive high-quality representation and legal services from a Kalispell construction accident attorney without financial risk.
Contact Travis, Moore & Brann PLLP for a Free Consultation
You don’t have to face the aftermath of a construction accident alone. If you suffered an injury in a construction accident in the Kalispell area, our team of construction accident lawyers at Travis, Moore & Brann PLLP is ready to fight for your rights. Contact us today or call our law firm to schedule your free consultation and take the first step toward reclaiming your future. In addition, our Kalispell workers’ compensation and construction accident lawyers can give you the compensation you deserve.
