Personal Injury
· Updated

Utah Construction Site Injury Claims: Falls, Scaffolds, and Suing Contractors and Property Owners

General information, not legal advice. Read the full disclaimer.

Short answer: If you're hurt on a Utah construction site, you're usually entitled to workers' compensation from your employer — and, because workers' compensation is the exclusive remedy against that employer (Utah Code § 34A-2-105), you generally can't sue it. But Utah law lets you bring a separate damages claim against third parties that aren't your employer. Section 34A-2-106 specifically lists subcontractors, general contractors, independent contractors, property owners, and lessees or assignees of property owners who don't occupy an employee-employer relationship with you and aren't considered eligible employers under the Act. Equipment and tool manufacturers can also be defendants.

Who this guide is for

Construction workers — and visitors, delivery drivers, and inspectors — injured on Utah job sites, and families of workers killed in construction accidents.

Common construction injury scenarios

  • Falls from roofs, ladders, scaffolds, and floor openings.
  • Struck-by and caught-between incidents involving equipment, vehicles, and falling objects.
  • Trench and excavation collapses.
  • Electrocution and crane or hoist accidents.
  • Equipment defects — a malfunctioning lift, nail gun, or guard.
  • Toxic exposure and overexertion injuries.

Step 1: Workers' compensation

Report the injury immediately to your employer, get medical care, and make sure the claim is documented; you can lose benefits if you don't notify within 180 days. See How to File a Utah Workers' Compensation Claim and Utah Workers' Compensation Benefits and Weekly Rates. Workers' compensation pays medical care and a portion of lost wages regardless of fault.

Step 2: Identify third parties

Construction sites have many companies. Ask who:

  • owned the property or was developing it;
  • was the general contractor and who controlled safety;
  • hired subcontractors and who supervised them;
  • owned or maintained the equipment that failed;
  • designed or manufactured the product or machinery; and
  • was driving the vehicle if a vehicle struck you.

Whether a company is "your employer" for exclusive-remedy purposes — for example, a general contractor and a subcontractor working together, or a staffing agency — can be disputed. A temporary staffing company that secures workers' compensation can extend exclusive-remedy protection to the client company, so this is not a simple question.

Step 3: Notice and repayment rules

Before proceeding against a third party you must give written notice to the workers' compensation carrier, and the carrier is generally repaid from your recovery, less its proportionate share of costs and attorney fees. See Utah Workers' Compensation Third-Party Claims.

Fault and what you can recover

Utah uses comparative fault and several liability: each defendant pays only its own percentage of fault, and fault can be allocated to your employer even though it can't be sued, which may reduce what you collect from others. Your own fault can reduce — or if it reaches 50% or more, bar — your recovery. See Utah's Comparative Fault Rule and Utah's Several-Liability Rule.

Third-party damages can include medical expenses, lost earnings and earning capacity, and non-economic damages such as pain and suffering, which workers' compensation doesn't pay.

Safety regulators

Construction safety in Utah is overseen by the state's occupational safety program. If you believe conditions were unsafe, see How to File a Utah OSHA Complaint. A complaint doesn't replace a claim, and deadlines for each run separately.

Evidence

  • Photos and video of the site, equipment, and hazards.
  • Incident reports and safety meeting records.
  • Witnesses — coworkers, subcontractors, inspectors.
  • The equipment itself — ask that it be preserved.
  • Contracts that show who controlled safety.
  • Medical records and wage records.

Frequently asked questions

Can I sue my employer for a construction accident?

Generally no; workers' compensation is the exclusive remedy against the employer.

Can I sue the general contractor or property owner?

Possibly, if they don't occupy an employee-employer relationship with you and aren't considered an eligible employer under the Act.

Will my workers' comp carrier be repaid if I win a third-party claim?

Yes, from the recovery, less a proportionate share of costs and fees.

How long do I have to sue a third party?

General personal injury deadlines apply; wrongful death claims have a two-year deadline.