Best Construction Accident Lawyers in Arlesheim

About Construction Accident Law in Arlesheim, Switzerland

Construction work in and around Arlesheim involves significant risks such as falls from height, scaffold failures, machinery incidents, electrical accidents, excavations and trench collapses, and injuries from falling objects. In Switzerland, most employees who suffer an accident on a building site are protected by mandatory accident insurance under the Federal Accident Insurance Act, known in German as UVG. Many construction companies in the Basel-Landschaft canton are insured with SUVA, the Swiss National Accident Insurance Fund, while others use private UVG insurers.

UVG insurance is a no-fault system for occupational accidents, which means you generally receive defined benefits regardless of who caused the accident. Benefits can include medical treatment, wage replacement, rehabilitation measures, vocational reintegration, and long-term disability or survivors benefits. In severe cases, you may also have civil claims against third parties under the Swiss Code of Obligations for losses not covered by UVG benefits, such as pain-and-suffering compensation known as Genugtuung.

Construction safety is regulated by a combination of federal statutes and ordinances, technical standards, and enforcement by SUVA and the cantonal labor inspectorate. Because Arlesheim is in the Basel-Landschaft canton, local enforcement and some procedural steps will involve Basel-Landschaft authorities and courts.

Why You May Need a Lawyer

Although UVG benefits are designed to be accessible, many situations benefit from legal guidance. Common reasons to consult a lawyer include the following. Disputes with the accident insurer about whether an incident is covered as an occupational accident, whether a pre-existing condition is to blame, or how long benefits should continue. Challenging a medical assessment or an insurer decision to end treatment or daily allowances. Coordinating a UVG case with potential civil claims against a negligent third party such as another subcontractor, a crane provider, or a site planner. Evaluating whether an employer or site manager committed gross negligence that could lift liability limits. Seeking Genugtuung and other damages not covered by UVG, including household damage and care costs. Navigating return-to-work pressures, suitable alternative duties, and vocational reintegration, especially when symptoms are contested. Ensuring proper reporting of serious accidents to authorities and preserving evidence on a multi-employer site. Handling appeals on strict deadlines and in the correct forum. Protecting cross-border workers or temporary agency staff who may face complex insurance coverage questions. After a fatal accident, assisting families with survivors pensions, funeral costs, inheritance practicalities, and potential criminal proceedings.

Local Laws Overview

Accident insurance and benefits. Under UVG, employees are covered for occupational accidents from day one. If you work at least 8 hours per week, you are also covered for non-occupational accidents. Self-employed persons are not automatically insured and must opt in or arrange private coverage. UVG benefits typically include full coverage of reasonable medical treatment, daily allowances of generally 80 percent of insured earnings starting on the third day after the accident, rehabilitation and vocational reintegration, disability pensions, integrity compensation for permanent impairment, and helplessness allowances where applicable. Survivors can receive pensions and funeral cost contributions after a fatal accident.

Employer safety duties. Swiss occupational safety rules are set by the Federal Coordination Commission for Occupational Safety, with enforcement mainly by SUVA and the cantonal labor inspectorate. On construction sites, the key rules include the Ordinance on Safety and Health Protection on Construction Work known as Bauarbeitenverordnung BauAV and the Ordinance on the Prevention of Accidents and Occupational Diseases known as VUV. Employers must assess risks, plan work safely, install guardrails and edge protection, provide and enforce personal protective equipment, secure excavations, manage crane and lifting operations, ensure scaffold compliance, control electricity hazards, and coordinate safety when multiple companies are on site. Violations can trigger administrative orders, fines, and potential criminal liability if negligence leads to injury or death.

Civil liability. Even where UVG pays benefits, you may also have civil claims under the Swiss Code of Obligations. Article 41 covers general tort liability for unlawful damage. Article 55 can make employers liable for employees they supervise. Article 58 imposes liability on building owners for defects in buildings and structures that cause injury. Claims for pain-and-suffering Genugtuung are possible in cases of serious injury or death. The accident insurer can seek recourse from liable third parties up to the amount it paid in benefits. Claims against your own employer and co-workers are restricted and generally only allowed in cases of intent or gross negligence.

Limitation periods. Most tort claims for personal injury expire 3 years from when you knew of the damage and the liable person, with a long-stop of up to 20 years for bodily injury. Property damage claims typically have a 10-year long-stop. Insurance appeal deadlines are much shorter. Missing a deadline can end your claim, so early action is crucial.

Reporting and procedures. Accidents should be reported to your employer and insurer without delay. Serious accidents and fatalities must be reported immediately to the appropriate authorities for investigation. If the insurer issues a formal decision that you disagree with, you usually have 30 days to file an objection known as an Einsprache. Further appeals go to the Basel-Landschaft cantonal social insurance court and then to the Federal Supreme Court. In civil claims, pre-suit conciliation is generally required and in the Arlesheim district the conciliation authority is attached to the district court. Employment-related disputes can go to the district labor court.

Criminal law. Negligent bodily injury or negligent homicide can be prosecuted under the Swiss Criminal Code when safety violations lead to harm. A criminal case can run in parallel with insurance and civil proceedings and may help establish facts, but it follows its own rules and timelines.

Local context in Arlesheim and Basel-Landschaft. Site inspections and enforcement are carried out by SUVA and the Basel-Landschaft labor inspectorate. Building permits and structural compliance are overseen by the cantonal building inspectorate. Courts and conciliation bodies for civil and labor matters sit at the district level, including in Arlesheim. Many construction projects involve multiple Basel-region companies and cross-border workers from France or Germany, which can add insurance coordination issues that a local lawyer can help manage.

Frequently Asked Questions

What should I do immediately after a construction accident in Arlesheim

Seek medical help first. Inform your supervisor as soon as possible and ask that an accident report be completed. If possible, take photos of the scene, your injuries, and any defective equipment, and note the names of witnesses and companies working nearby. Keep all medical records and receipts. Report the accident to the UVG insurer promptly, usually through your employer. In serious cases, call emergency services and ensure the police and relevant authorities are notified.

Which insurer pays my medical bills

If you are an employee, your employer must have UVG accident insurance. That insurer, often SUVA in construction, pays covered accident treatment directly. If you work less than 8 hours per week and do not have non-occupational accident coverage, or if you are self-employed without UVG coverage, your mandatory health insurer may cover accident costs if accident coverage was not excluded. A lawyer can help confirm who is responsible and avoid unpaid invoices.

Do I have to see the insurer doctor

You can usually choose your treating doctor, but the insurer may require an independent medical evaluation to assess causation, work capacity, and impairment. If you disagree with an assessment, you can request a second opinion or a neutral expert evaluation. Legal advice is valuable before and during insurer-ordered examinations to protect your rights.

How is my wage replaced and when do payments start

UVG daily allowances generally cover 80 percent of insured earnings starting on the third day after the accident, up to statutory maximums. Your employer may owe wage continuation under employment law or a collective agreement for the first days or during partial work incapacity. If you have supplemental accident insurance through your employer, you may receive higher replacement rates. Always check your employment contract and collective bargaining agreement.

Can I claim pain-and-suffering compensation

Yes, but not from UVG. Pain-and-suffering Genugtuung and some uncovered losses must be sought in a civil claim against the liable party, such as a negligent subcontractor or a building owner for a structural defect. The accident insurer may recover what it paid from the liable party, and you can claim additional amounts such as Genugtuung. Limitation periods apply, so seek advice early.

Can I sue my employer for an on-site accident

Claims against your employer and co-workers are restricted under UVG and are generally only allowed if they acted intentionally or with gross negligence. You can still bring claims against other responsible parties on the site. A lawyer can assess whether the facts meet the threshold for employer liability and identify other liable actors.

What if I am a temporary agency worker or a subcontractor

Temporary agency workers are insured under the agency employer, and the hiring company still owes a duty to provide a safe workplace. Subcontractors must insure their own employees and comply with safety rules. Liability for an accident can involve several companies, and coordination between UVG, civil claims, and contractual indemnities is complex. Early legal analysis helps preserve all avenues of recovery.

What deadlines should I know about

Report the accident immediately to your employer and insurer. If you receive a formal insurer decision you disagree with, the deadline to object is typically 30 days. Civil tort claims for bodily injury generally must be filed within 3 years from knowledge of the damage and the liable party, with a 20-year long-stop. Do not wait to gather evidence, because sites change quickly and critical details can be lost.

What if I was partly at fault

UVG benefits are no-fault, so contributory negligence does not bar medical treatment or basic benefits. However, serious breaches of safety rules such as disregarding mandatory PPE can lead to benefit reductions in some cases. In civil claims, contributory fault can reduce compensation. A lawyer can help evaluate fault arguments and protect your entitlements.

What happens after a fatal construction accident

Survivors may receive UVG pensions and funeral cost contributions. There may also be civil claims for Genugtuung and other losses, and a criminal investigation into potential negligence. Families should seek legal assistance promptly to manage notifications, benefits applications, evidence preservation, and any parallel criminal proceedings.

Additional Resources

SUVA - Swiss National Accident Insurance Fund and construction safety enforcement. Private UVG insurers such as AXA, Zurich, Helvetia, and others for companies not insured with SUVA. Basel-Landschaft Labour Inspectorate for site safety oversight and serious accident reporting. Basel-Landschaft Building Inspectorate for structural and permitting issues. Ombudsman of Private Insurance and SUVA for free guidance in insurer disputes. IV-Stelle Basel-Landschaft for disability insurance coordination when a long-term impairment is likely. Basel-Landschaft Bar Association and the Swiss Bar Association for referrals to lawyers experienced in construction and personal injury law. Emergency services in Switzerland - ambulance 144, police 117, air rescue 1414.

Next Steps

Get medical care and make sure the accident is recorded in your medical file. Inform your supervisor and ensure an internal accident report is completed. Ask your employer which UVG insurer is responsible and file the accident notification without delay. Photograph the scene and your injuries and keep names of witnesses and all companies present. Do not repair or dispose of equipment that may be evidence without checking with counsel. Keep a diary of symptoms, medical visits, and work capacity. Review any insurer decision letters carefully and calendar the 30-day objection deadline. If the case is serious, disputed, or involves multiple companies, contact a lawyer who handles construction accidents in Basel-Landschaft. Bring your employment contract, insurer details, medical reports, wage statements, and any correspondence to the first consultation. Avoid signing waivers or settlement offers before obtaining legal advice. If you are ready to proceed, your lawyer can help file insurer objections, coordinate expert opinions, negotiate with liable parties, and pursue civil claims within the limitation periods.

This guide is for general information only and reflects Swiss law and practice as applied in Arlesheim and Basel-Landschaft. It is not legal advice for your specific situation. For tailored guidance, consult a qualified Swiss lawyer.