Guide to Third-Party Liability for Jobsite Injuries in Idaho
Construction sites are inherently hazardous. With heavy machinery, elevated work areas, and multiple subcontractors operating simultaneously, the potential for injury is significant. In Idaho, particularly fast-growing areas like Boise, construction workers face real risks daily. When accidents happen, a common question arises: Who can be held legally responsible? The answer often goes beyond an employer. Idaho’s legal framework allows for third-party liability, which may entitle injured workers to compensation beyond workers’ compensation benefits.
Idaho Construction Injury Trends: What the Numbers Reveal
As of the most recent data available from the U.S. Bureau of Labor Statistics (BLS), Idaho reported approximately 2,500 nonfatal construction-related injuries in 2023. These injuries stemmed largely from falls, contact with equipment, and exposure to harmful substances. Although official 2024 statistics have not yet been released, early safety bulletins from OSHA’s Region X (which includes Idaho) confirm that fall protection violations continue to top the list of jobsite safety failures in the region.
Key national figures from the BLS 2023 report also note:
Falls, slips, and trips account for 34% of all nonfatal construction injuries.
The construction industry ranks third in total occupational injuries nationwide.
Small to midsize contractors—common in Idaho—report disproportionately high incident rates.
These figures are more than data points. They represent workers impacted by medical bills, lost wages, and long-term disability. Understanding your rights under Idaho law is critical after such incidents.
Primary vs. Third-Party Liability in Idaho Construction Accidents
Under Idaho Code § 72-301, employers must provide workers’ compensation insurance to employees injured on the job. While this provides basic coverage for medical care and wage loss, it also protects employers from direct lawsuits in most cases. However, when a third party—someone other than your employer—contributed to your injury, you may be eligible to file a separate personal injury claim.
Common third-party defendants include:
General contractors or subcontractors outside your employer’s company
Property owners who failed to maintain a safe site
Product manufacturers of faulty tools or machinery
Architects or engineers whose design flaws led to hazardous conditions
Delivery companies or outside vendors that caused site disruption
For example, if a scaffolding collapse occurs due to the negligence of a subcontractor from a different firm, that party may be held liable for resulting injuries. Similarly, a defective forklift part might shift liability to the equipment manufacturer.
Unlike workers’ comp, a third-party lawsuit can recover:
Full lost wages
Pain and suffering
Punitive damages in cases of egregious negligence
Loss of future earnings and diminished earning capacity
Idaho’s Comparative Negligence Rule
Idaho follows a modified comparative negligence system (Idaho Code § 6-801). If you’re partially at fault for the accident, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you may not recover damages at all from the third party.
This makes experienced legal representation essential. A skilled attorney can investigate the accident, gather objective evidence, and counter claims made by insurers or opposing counsel attempting to shift blame onto the injured worker.
Immediate Steps to Take After a Construction Site Accident
After any construction injury in Idaho, swift action is critical. The steps you take in the days and weeks after the accident can significantly impact your legal outcome.
Here’s what to do:
Get medical attention immediately and follow all care instructions.
Report the injury to your employer or supervisor and complete any required forms.
Document everything—including the scene of the accident, equipment involved, injuries, and environmental conditions.
Identify third parties present at the scene (contractors, vendors, inspectors).
Consult an Idaho jobsite accident attorney before signing anything or speaking with insurance adjusters.
Keeping a personal journal of your pain, limitations, emotional distress, and missed work can provide crucial evidence in your third-party claim.
Why Hire a Boise-Based Construction Injury Attorney?
Construction accident claims in Idaho are uniquely complex. Liability may fall across a network of contractors, vendors, engineers, and manufacturers. Navigating this legal maze without help can result in denied or undervalued claims.
A qualified construction injury lawyer in Boise can:
Conduct an independent investigation of the jobsite
Obtain safety reports, maintenance logs, and OSHA records
Interview eyewitnesses and subpoena relevant documents
Work with construction and medical experts to support your claim
Handle all negotiations and litigation for maximum compensation
Importantly, a local attorney understands the regulatory framework specific to Idaho, including recent interpretations by the Idaho Supreme Court and regional OSHA enforcement trends.
Moving Forward with Confidence
Recovering from a construction site accident is more than a medical journey—it’s a legal one, too. Many Idaho workers accept the limitations of workers’ compensation without ever learning they could pursue a third-party lawsuit for significantly more support.
At Shep Law Group, we offer straight answers and practical help for injured workers in Boise and across Idaho. Our legal team has decades of experience litigating complex third-party liability claims in the construction sector. We’re not here to make promises we can’t keep—just to do the hard work needed to get results.
If you’ve been injured on a construction site and believe a third party may be at fault, don’t wait to protect your rights. Call Shep Law Group at (208) 887-3444 to discuss your case and take the first step toward the compensation you deserve.
