Construction Site Injuries in Montana
Whether an injured construction worker in Montana can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under Montana's workers' compensation law, an injured construction worker's remedy against an insured employer is workers' compensation, which is exclusive. Mont. Code Ann. §§ 39-71-411, 39-71-412
| Construction site injuries | Under Montana's workers' compensation law, an injured construction worker's remedy against an insured employer is workers' compensation, which is exclusive. The worker may also sue a third party other than the employer or co-workers (for example another contractor or an equipment maker) whose act or omission caused the injury, in addition to receiving workers' compensation benefits. No Montana scaffold-law statute was identified for this entry. Third parties: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0120/0390-0710-0040-0120.html |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Source: Mont. Code Ann. § 27-1-702 |
| Deadline to sue for an injury | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
More Montana personal injury & wrongful death
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FAQ
Can you sue for a construction accident in Montana?
Under Montana's workers' compensation law, an injured construction worker's remedy against an insured employer is workers' compensation, which is exclusive. The worker may also sue a third party other than the employer or co-workers (for example another contractor or an equipment maker) whose act or omission caused the injury, in addition to receiving workers' compensation benefits. No Montana scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in Montana?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.