Boise Construction Accident Attorney

Experienced Construction Accident Lawyers in Boise, Idaho

Injured on a Boise construction site? A Boise construction accident attorney at Kluksdal Law can pursue both workers’ compensation benefits and a third-party injury claim against negligent contractors, property owners, or equipment makers—so you recover the full medical costs, lost wages, and pain and suffering you deserve.

At Kluksdal Law, we represent construction workers and their families across Boise, Ada County, and the Treasure Valley after serious jobsite injuries. Construction is one of the most dangerous industries in the country, and when a fall, a falling object, or defective equipment changes your life, you shouldn’t have to fight for compensation alone. As dedicated Boise personal injury attorneys, we know how to hold every responsible party accountable.

Many injured workers assume workers’ compensation is their only option. In reality, an experienced attorney can often open a second path to recovery through a third-party lawsuit—and that can mean substantially more compensation for a catastrophic injury. We investigate every angle, deal directly with insurers and their adjusters, and let you focus on healing.

REQUEST A FREE CONSULTATION
Boise Construction Accident Attorney

The Role of Our Boise Construction Accident Lawyers at Kluksdal Law

A construction injury can upend everything—your health, your paycheck, and your family’s stability. Between mounting medical bills, time off the job, and pressure from insurance companies, the aftermath is overwhelming. At Kluksdal Law in Boise, ID, we take that burden off your shoulders. We protect your rights, identify every source of compensation, and pursue the maximum recovery available under Idaho law.

Whether you were hurt in a scaffold collapse, a crane or forklift incident, an electrical accident, or a trench cave-in, we are ready to stand by your side and guide you through every step of the workers’ compensation and personal injury process.

Why Choose Kluksdal Law for Your Construction Accident Case?

Our firm represents injured workers across a wide range of construction accident matters, including:

  • Falls from Heights – Falls from scaffolding, ladders, roofs, and unprotected edges are the leading cause of construction deaths. We pursue claims when fall protection fails.
  • Struck-By and Falling-Object Injuries – Tools, materials, and loads dropped from above, plus swinging or vehicle-related struck-by incidents.
  • Caught-In / Between and Trench Collapses – Crushing injuries from cave-ins, unguarded machinery, and equipment rollovers.
  • Electrocutions and Burns – Contact with overhead power lines, live wiring, and ungrounded equipment.
  • Catastrophic and Life-Altering Injuries – Including spinal cord injuries, traumatic brain injuries, amputations, and other catastrophic injuries.
  • Slip, Trip, and Fall Injuries – Jobsite hazards, debris, and unsafe walking surfaces addressed under Idaho premises liability principles.
  • Fatal Construction Accidents – When a jobsite death occurs, we help families pursue wrongful death claims and death benefits.

Two Paths to Compensation: Workers’ Comp and Third-Party Claims

Under Idaho’s workers’ compensation system, benefits are generally the exclusive remedy against your direct employer—you usually cannot sue your own employer, but you receive no-fault benefits regardless of who caused the accident. Those benefits are administered by the Idaho Industrial Commission and cover medical treatment and a portion of lost wages.

The critical point many workers miss: workers’ comp does not bar a claim against a negligent third party. Under Idaho Code § 72-223, if someone other than your employer—a general contractor, subcontractor, property owner, or equipment manufacturer—caused your injury, you can pursue a separate personal injury lawsuit. Unlike workers’ comp, that claim can recover pain and suffering and full lost earnings. We coordinate both claims so your recovery is maximized and subrogation is handled correctly.

Comprehensive Legal Support When You Need It Most

When you choose Kluksdal Law, you’re partnering with a legal team that truly cares. We deal directly with insurance adjusters, workers’ comp sureties, contractors, and their investigators so you can focus on recovery. We know the tactics insurers use to undervalue or deny construction claims, and we fight back with jobsite evidence, OSHA records, expert testimony, and strategic negotiation.

We also protect your rights as an Idaho employee, including your right to file a claim without retaliation. If you have questions about your job status after an injury, our employment law team can help.

Compensation You May Be Entitled To

Depending on your case and which claims apply, you may be able to recover compensation for:

  • Medical expenses (emergency care, surgeries, physical therapy, and future treatment)
  • Lost wages and reduced earning capacity
  • Permanent disability, impairment, or disfigurement
  • Pain and suffering (available through third-party claims)
  • Emotional distress and loss of enjoyment of life
  • Vocational rehabilitation and retraining
  • Wrongful death damages for surviving family members

Common Causes of Boise Construction Accidents

Most construction accidents fall into OSHA’s “Fatal Four”: falls, struck-by incidents, caught-in/between accidents, and electrocutions. These four hazards cause roughly 60% of construction deaths nationwide, and falls alone account for nearly 39% of jobsite fatalities—making fall protection the single most important safety measure.

Construction consistently accounts for about one in five workplace deaths in the United States, according to the U.S. Bureau of Labor Statistics. The federal OSHA Construction Focus Four program targets the hazards responsible for most of those tragedies, and OSHA requires fall protection any time a worker could fall six feet or more. The CDC/NIOSH falls-prevention campaign reinforces planning, proper equipment, and training as the keys to preventing elevated falls.

On Boise-area jobsites, the injuries we most often see stem from:

  • Scaffold, ladder, and roof falls from unprotected edges or missing guardrails
  • Falling tools, materials, or loads striking workers below
  • Trench and excavation cave-ins without adequate shoring or sloping
  • Crane, forklift, and heavy-equipment rollovers and swing-zone strikes
  • Contact with live wires, power lines, or ungrounded equipment
  • Defective tools, machinery, or safety gear supplied by a third party

Let Kluksdal Law Fight for You

Every construction accident case is unique, and we tailor our approach to your specific injuries and circumstances. We investigate the facts, gather jobsite and safety evidence, consult with medical and engineering experts, and build a compelling case aimed at full financial recovery. If a fair settlement cannot be reached, we are fully prepared to take your case to trial. You can review our case results to see how we advocate for injured clients.

Contact Our Boise Construction Accident Attorneys

If you or a loved one was injured on a construction site in Boise or anywhere in the Treasure Valley, don’t navigate the workers’ compensation and third-party claim process alone. The team at Kluksdal Law is ready to investigate your accident, protect your rights, and fight for the full compensation you deserve. Contact us today for a free, no-obligation consultation.

REQUEST A FREE CONSULTATION

Boise Construction Accident FAQs

At Kluksdal Law, we know a jobsite injury raises urgent questions about your benefits, your rights, and your future. Below are answers to the questions injured Idaho construction workers ask us most. If you don’t see your question, reach out for a free consultation.

 

What should I do after a construction accident in Idaho?

After a construction accident in Idaho, get medical care immediately and report the injury to your supervisor in writing—Idaho law gives you only 60 days to notify your employer. Document the scene, photograph hazards, collect witness names, and avoid recorded statements to insurers until you have spoken with an attorney.

Prompt medical treatment protects both your health and your claim; gaps in care give insurers a reason to dispute your injuries later. Tell your provider exactly how the injury happened so there is an early, credible record.

Reporting is a hard deadline. Under Idaho Code § 72-701, you must report the injury to your employer within 60 days, and your employer should file a First Report of Injury with the Idaho Industrial Commission. Missing this window can jeopardize your benefits, so report as soon as you safely can.

Yes. Idaho workers’ compensation is your exclusive remedy against your employer, but it does not prevent a third-party lawsuit against another negligent party—such as a general contractor, subcontractor, property owner, or equipment manufacturer. Under Idaho Code § 72-223, you can pursue both claims at once, and the third-party claim can add pain-and-suffering damages.

Workers’ comp is a no-fault system: you get medical and wage benefits regardless of blame, but you generally can’t recover pain and suffering or full lost earnings from your employer. A third-party claim fills that gap.

For example, if a subcontractor’s crew dropped a load on you, or a defective lift malfunctioned, that outside party may be liable in tort. We coordinate the workers’ compensation claim and the third-party lawsuit together so the workers’ comp insurer’s subrogation lien is handled properly and your net recovery is protected.

Liability for a construction accident can extend well beyond your employer. Potentially responsible parties include general contractors, subcontractors, property owners, architects and engineers, equipment manufacturers, and maintenance companies. Identifying every negligent party is essential, because each may carry separate insurance that adds to your total available compensation.

Construction sites involve many companies working side by side, and a single accident may trace back to more than one of them—an unsafe site condition, a defective machine, or a subcontractor’s careless crew.

Determining fault requires a thorough investigation: OSHA citations, safety records, equipment maintenance logs, and expert analysis. Our team identifies all liable parties and pursues each one, whether the injury involves a fall, a truck or heavy-equipment incident, or a catastrophic injury.

You can still recover in a third-party claim even if you were partly at fault. Under Idaho’s modified comparative negligence rule (Idaho Code § 6-801), you may recover as long as you were not more than 50% responsible—but your award is reduced by your share of fault. At 51% or more, recovery is barred.

If you are found 20% at fault and your damages are $200,000, your recovery is reduced by 20%, to $160,000. Because your compensation shrinks as your fault rises—and disappears past the halfway point—insurers work hard to shift blame onto injured workers.

Note that workers’ compensation benefits are generally available regardless of fault; comparative negligence under Idaho Code § 6-801 applies to the third-party lawsuit. A careful investigation, backed by evidence, is often what keeps your fault percentage low and your recovery intact.

Immigration status does not disqualify you from Idaho workers’ compensation or a third-party injury claim—injured undocumented workers may still receive benefits. If you were misclassified as an “independent contractor” when you actually functioned as an employee, you may still be entitled to workers’ comp. An attorney can review your true work relationship.

Employers sometimes label workers as independent contractors to avoid paying benefits. Idaho looks at the actual working relationship—control over the work, tools provided, and method of payment—not just the label on a form.

If you’ve been hurt and are unsure of your status or rights, we can help. Understanding your rights as an Idaho worker is the first step toward the benefits and compensation you’re owed.

Two deadlines run at once. For a third-party personal injury lawsuit, Idaho Code § 5-219 gives you two years from the date of injury. For workers’ compensation, you must notify your employer within 60 days and typically file a formal complaint with the Idaho Industrial Commission within one year. Missing either can bar recovery.

The two-year personal injury statute of limitations under Idaho Code § 5-219 is strictly enforced—file late and even a strong case can be dismissed. Claims involving government entities carry much shorter notice requirements.

Because evidence disappears and deadlines move quickly on both tracks, it’s best to speak with an attorney soon after the accident. We make sure every filing with the Idaho Industrial Commission and the courts happens on time.