Best Construction Accident Lawyers in Arlesheim

About Construction Accident Law in Arlesheim, Switzerland

Construction accident law in Arlesheim operates within Switzerland’s federal framework with local enforcement in the Canton of Basel-Landschaft. Most safety rules and insurance protections are set at the federal level, while cantonal authorities and the nationwide accident insurer SUVA supervise worksites and handle claims. If you are injured on a construction site in Arlesheim, your rights and obligations will usually be governed by the Accident Insurance Act, the Ordinance on the Prevention of Accidents, the Construction Work Ordinance, and the Swiss Code of Obligations. Because many projects involve multiple employers and subcontractors, determining responsibility and coordinating insurance and civil claims can be complex. A prompt report of the accident, early medical documentation, and careful handling of insurance deadlines are essential.

This guide offers general information only. Each case is unique, and timelines and procedures can be strict. Consider speaking with a qualified lawyer familiar with construction accidents in Basel-Landschaft.

Why You May Need a Lawyer

You may need legal help if liability is disputed, if the insurer questions whether the event is a work accident, or if different companies blame each other. A lawyer can protect your rights when there are multiple contractors, site owners, and equipment suppliers involved.

Insurance disputes are common. SUVA or another accident insurer may deny coverage, reduce daily allowances, contest the degree of incapacity to work, or challenge the causal link between the accident and your medical condition. Legal counsel can gather medical evidence, obtain expert opinions, and file timely objections and appeals.

Serious injuries often involve long term medical care, rehabilitation, or disability pensions. Coordinating benefits across accident insurance, invalidity insurance, and occupational pensions can be difficult. An attorney can help maximize lawful benefits and avoid gaps.

If a third party’s fault contributed to the accident, such as a negligent subcontractor or a defective machine, you may have additional civil claims. A lawyer can assess potential claims under the Swiss Code of Obligations and the Product Liability Act, manage evidence preservation, and negotiate with multiple insurers.

Criminal investigations sometimes follow severe accidents. If prosecutors examine negligent injury or breach of safety duties, a lawyer can guide you through statements and victims’ rights.

Local Laws Overview

Accident insurance UVG LAA. Employees in the construction sector are mandatorily insured against occupational and non occupational accidents, typically with SUVA. The insurer covers medically necessary treatment, rehabilitation, and daily allowances for loss of earnings. In serious cases, impairment compensation and disability or survivor pensions may apply. Residents who are not covered by employer accident insurance must ensure their health insurance includes accident coverage.

Prevention and site safety VUV and BauAV. The Ordinance on the Prevention of Accidents and Occupational Diseases VUV and the Construction Work Ordinance Bauarbeitenverordnung set detailed safety rules for scaffolding, fall protection, excavation, cranes, electricity, and personal protective equipment. Employers must assess risks, instruct workers, and monitor compliance. The cantonal labour inspectorate and SUVA can inspect sites and order immediate measures if there is imminent danger.

Employer and owner liability. Under the Swiss Code of Obligations, a party who unlawfully causes damage is liable art 41, employers can be liable for employees art 55, and owners of buildings or other works can be liable for defects art 58. These civil rules often come into play when a third party beyond your employer contributed to the accident.

Criminal law. Serious safety breaches that cause injury can lead to criminal proceedings, including negligent injury or negligent homicide under the Swiss Criminal Code. Findings from criminal investigations can influence civil liability assessments.

Public projects. If the site owner is a public entity, special cantonal liability rules may apply, including specific procedures and deadlines. In Basel-Landschaft, public law liability is governed by cantonal statutes. Seek tailored advice promptly because notice and limitation periods can be shorter than in ordinary civil claims.

Claims and deadlines. Insurance decisions in Swiss social insurance can typically be challenged by filing an objection Einsprache within 30 days of notification under the General Part of Social Insurance Law. Civil tort claims for personal injury generally have a 3 year relative limitation from when you know the damage and the liable person, with a long stop that can extend up to 20 years for bodily injury. Different deadlines can apply to contract based claims, product liability, and claims against public authorities. Confirm your deadlines with a lawyer as soon as possible.

Frequently Asked Questions

What should I do immediately after a construction accident in Arlesheim

Seek medical attention at once and tell the provider it was a work accident so the correct insurer is billed. Report the accident to your supervisor without delay and ask for a written report. Note the date, time, location, and names of witnesses. Take photos of the site, equipment, and your injuries if it is safe. Keep copies of medical records, prescriptions, and receipts. Do not sign settlement documents without advice.

Who pays my medical bills after a work accident

Work related accidents are usually covered by the employer’s accident insurer, often SUVA in the construction sector. The accident insurer, not your basic health insurer, generally covers treatment and rehabilitation without deductibles. If you are not employed or your employer’s coverage does not apply, your basic health insurance may cover accidents if accident coverage is included in your policy.

How are my wages replaced while I cannot work

Accident insurance pays daily allowances if you are unable to work due to the accident. The allowance is typically a percentage of your insured earnings and starts after a short waiting period. Collective bargaining agreements or your employment contract may provide additional payments. The exact amount depends on your coverage, your salary, and your degree of incapacity as assessed by medical reports.

Can I sue my employer for a construction accident

Accident insurance is the primary remedy for occupational injuries. Civil claims against employers and co workers are limited by law, but exceptions can apply, for example in cases of intent, gross negligence, or damages not covered by insurance. You may have full civil claims against third parties such as negligent subcontractors, site owners, or equipment suppliers. A lawyer can evaluate the viable avenues in your situation.

What if a subcontractor or defective equipment caused my injury

You may have a civil claim against the responsible company under the Swiss Code of Obligations and possibly the Product Liability Act. Evidence about the equipment, maintenance records, and compliance with safety directives is crucial. Do not dispose of or alter equipment without legal advice, and request that the site owner or general contractor preserve evidence.

Do I need to report the accident to an authority

Report the accident to your employer immediately so it can be notified to the accident insurer. Serious incidents must also be reported to SUVA or the relevant authority, and the labour inspectorate may investigate. If the police attend the scene, cooperate and request a copy or reference of the report. Keep proof of every notification.

How long do I have to bring a claim

Insurance objections must usually be filed within 30 days after you receive the decision. Civil tort claims for bodily injury generally must be filed within 3 years from when you know the damage and the liable person, with a maximum long stop that can extend up to 20 years. Special deadlines may apply to product liability and claims against public bodies. Do not wait to seek advice because missing a time limit can end your rights.

What if I am self employed or a posted cross border worker

Self employed persons must arrange their own accident insurance to be covered. Cross border workers are typically insured in Switzerland for occupational accidents when employed by a Swiss employer, but coordination rules can vary. Bring your employment and insurance documents to a lawyer to confirm which insurer is responsible and where claims should be filed.

The insurer reduced or stopped my benefits, what can I do

You can challenge the decision by filing a written objection Einsprache within the stated deadline, usually 30 days. Obtain your full claim file, including medical assessments, and consider an independent medical opinion. If the insurer upholds its decision, you can appeal to the competent cantonal social insurance court for Basel-Landschaft. A lawyer can manage deadlines and evidence to strengthen your case.

Can I receive compensation for pain and suffering

Accident insurance focuses on medical costs and loss of earnings. Compensation for pain and suffering moral damages is a civil law matter and may be available from a liable third party, and in limited cases from an employer or another party depending on fault and coverage. The amount depends on the severity and lasting impact of the injury. Legal advice is important to assess entitlement and to avoid double recovery issues with insurers.

Additional Resources

SUVA Schweizerische Unfallversicherungsanstalt - accident insurance information, prevention guidelines, and claims handling.

CFST EKAS Commission for Occupational Safety - national directives and best practices for construction site safety.

Kanton Basel-Landschaft Arbeitsinspektorat - cantonal labour inspectorate for occupational safety oversight and inspections.

Bau und Umweltschutzdirektion Basel-Landschaft - cantonal authority responsible for construction permits and enforcement of building regulations.

Basel-Landschaft Bar Association Baselbieter Anwaltsverband - directory of local lawyers.

Swiss Bar Association SBA FSA - national lawyer directory and practice area search.

Unia and other construction sector unions - worker advice on workplace rights and collective agreements.

Sozialversicherungsamt Basel-Landschaft - guidance on coordination with social insurance and disability benefits.

Next Steps

Get medical care and state it was a work accident so the correct insurer is billed. Follow all medical advice and attend appointments. Ask for copies of all records.

Notify your employer in writing as soon as possible. Keep a copy of your report and any internal accident form. If there were witnesses, record their contact details.

Preserve evidence. Take photos of the scene and equipment. Keep damaged clothing or gear. Do not repair or discard anything that may be relevant without legal guidance.

Open or verify the accident claim with SUVA or the responsible insurer. Provide accurate facts, not guesses. Note every claim number and the name of the adjuster.

Track deadlines. Diarize the 30 day deadline to object to any insurer decision and any other dates mentioned in letters you receive. Do not miss these dates.

Consult a lawyer experienced in construction accidents in Basel-Landschaft. Bring your employment contract, insurance documents, medical reports, correspondence with insurers, and photos. Ask about legal aid if you cannot afford counsel.

Do not sign final settlements or releases before you understand the long term medical prognosis and your rights to benefits or civil compensation. A short delay to obtain advice can prevent costly mistakes.

This guide is general information, not legal advice. Laws and procedures can change. Speak with a qualified lawyer to obtain advice tailored to your situation in Arlesheim and the wider Basel-Landschaft region.