In the construction industry, safety risks are high, and jobsite injuries are unfortunately common. For injured workers in Idaho, workers’ compensation is typically the first line of support. However, it is not always the only legal remedy. In some situations, injured workers have the right to pursue additional legal claims beyond workers’ compensation — especially when third parties, not their employer, are involved. At Shep Law Group, a trusted Boise personal injury lawyer, we represent injured construction workers across Boise and the state of Idaho to ensure that all responsible parties are held accountable. Knowing your rights can make all the difference in securing the full compensation you deserve.
Understanding Idaho Workers’ Compensation and Its Limits
Workers’ compensation in Idaho is a no-fault system, meaning that injured workers do not need to prove employer negligence to receive benefits. These benefits typically cover:
- Medical expenses
- Temporary or permanent disability payments
- Vocational rehabilitation (in some cases)
- Partial wage replacement
While this system ensures timely assistance, it limits what workers can recover. Workers’ comp does not provide compensation for pain and suffering, punitive damages, or full wage losses over time. Furthermore, the amount paid may not reflect the long-term impact of a severe injury, especially in construction accidents involving spinal injuries, traumatic brain injuries, or amputations.
Importantly, Idaho law generally bars employees from suing their direct employer for workplace injuries if they receive workers’ compensation. However, it does not prevent lawsuits against third parties whose negligence may have caused or contributed to the injury.
When Can You File a Third-Party Construction Injury Claim in Idaho?
A third-party claim is a personal injury lawsuit filed against someone other than the employer or a co-worker. These cases commonly arise in construction settings where multiple contractors, subcontractors, equipment manufacturers, and property owners are involved. Under Idaho Code § 72-223, injured workers are legally entitled to bring such claims in addition to their workers’ comp claim if another party — not their employer — was negligent.
Common third-party claim scenarios on Idaho construction sites include:
- Negligent Subcontractors: If a subcontractor created a dangerous condition or failed to comply with OSHA safety rules, and that caused the injury.
- Equipment or Tool Defects: When manufacturers or distributors sell defective equipment that malfunctions or fails to include safety warnings.
- Property Owners or Developers: If a property owner or general contractor failed to maintain a safe jobsite or ignored hazards.
- Vehicle Accidents: If a worker is struck by a third-party vehicle on or near a jobsite, such as by a delivery truck.
In these cases, a third-party lawsuit allows injured workers to recover additional damages beyond what workers’ comp provides, such as:
- Full lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Filing both a workers’ compensation claim and a third-party lawsuit is legally permissible and often strategically beneficial. For a deeper dive into how these types of claims work, see our resource on construction site accident claims in Idaho.
Key Legal Requirements and Time Limits in Idaho
Understanding the legal process in Idaho is critical to protecting your rights. For third-party claims in construction accidents, several key legal principles apply:
1. Statute of Limitations
Idaho has a two-year statute of limitations for personal injury claims, including third-party jobsite accidents. This means you have two years from the date of the accident to file a lawsuit, or you may lose your right to sue.
2. Subrogation Rights
If you pursue a third-party claim and receive a settlement or judgment, Idaho workers’ compensation insurers may have a right to reimbursement (subrogation) from those proceeds for the benefits they paid you. Idaho Code § 72-223 outlines how these funds must be allocated, and an experienced Idaho construction accident lawyer can negotiate to protect your net recovery.
3. Comparative Fault
Idaho uses a comparative negligence standard (Idaho Code § 6-801), meaning your damages may be reduced if you were partly at fault. If you are 50% or more responsible, you may be barred from recovering in a third-party lawsuit.
Because these legal principles can significantly impact your case and financial recovery, working with a knowledgeable jobsite accident attorney in Boise is crucial.
Popular Subtopics Related to Idaho Construction Injury Claims
Several related areas of law and legal questions arise frequently in Idaho construction accident cases:
Construction Site Safety Violations
Violations of OSHA or Idaho Occupational Safety and Health standards can be evidence of negligence. According to OSHA, construction remains one of the most dangerous industries, with over 21% of private sector worker fatalities in 2023 occurring on construction sites.
- Fall protection violations were the #1 cited OSHA standard in 2023.
- Scaffold-related incidents and unsafe equipment use were also leading causes of injury.
Shep Law Group routinely investigates site safety records, contract responsibilities, and OSHA violations to determine liability in third-party claims.
Ladder and Scaffold Accidents
Falls from heights remain one of the most catastrophic types of jobsite injuries. Workers injured in falls from defective ladders or improperly secured scaffolds may have claims against the scaffold manufacturer, the property owner, or a negligent safety supervisor. Nationally, the CDC reports that falls remain the leading cause of construction worker deaths, with non-fatal falls often resulting in permanent disability.
Electrocutions and Equipment Malfunctions
In cases where faulty wiring, exposed circuits, or defective machinery cause electrocution or burn injuries, product liability claims or negligence lawsuits may apply. In Idaho, contractors have a legal duty to inspect and ensure the safe functioning of all electrical equipment on site.
Wrongful Death on a Construction Site
Tragically, some construction accidents in Idaho result in fatal injuries. In these cases, the worker’s family may pursue wrongful death lawsuits against liable third parties, even if workers’ comp provides death benefits. These claims can secure compensation for funeral costs, lost future income, and loss of companionship.
Slip and Fall Hazards on Jobsites
Some construction accidents are not caused by machinery but by unsafe walking areas, spills, or debris. In these cases, victims may also have grounds for a premises liability claim against the property owner.
Frequently Asked Questions About Idaho Construction Injury Laws
Can I sue my employer for unsafe conditions if I’m injured?
Generally no. Under Idaho law, workers’ compensation is the exclusive remedy against an employer unless the employer intentionally caused the injury (a rare exception).
What if I don’t know who caused my construction accident?
You should still consult a Boise construction accident attorney. Lawyers can investigate the site, interview witnesses, examine contracts, and identify liable parties through legal discovery.
Is workers’ comp enough if I can’t return to construction work?
Not always. Workers’ comp benefits may not fully cover long-term lost earnings or non-economic damages. A third-party lawsuit may be your only route to full financial compensation.
What if I’m an undocumented worker?
Undocumented workers are still generally eligible for workers’ compensation benefits in Idaho. They may also be able to pursue third-party claims if another party was responsible.
How Shep Law Group Can Help After a Boise Construction Accident
At Shep Law Group, we have represented hundreds of injured Idaho workers and construction professionals. We understand the complexities of multi-contractor worksites, product liability, and OSHA safety violations. Our legal team thoroughly investigates every potential liable party beyond your employer, and we know how to litigate and negotiate with large insurance carriers.
Our legal services include:
- Immediate accident investigation and evidence preservation
- Review of safety records, construction contracts, and site logs
- Coordination with medical professionals to document your injuries
- Filing third-party injury claims while preserving your workers’ comp rights
- Aggressive settlement negotiations and trial representation if needed
If you’ve been injured on a Boise construction site, you don’t have to face the legal process alone. Idaho law is clear: when someone other than your employer causes your injury, you have rights beyond workers’ compensation. Shep Law Group is here to help you pursue the full compensation the law allows — no more, no less. Reach out through our contact our Boise attorneys page to start your case review today.
