Best Construction Accident Lawyers in Dornach
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Find a Lawyer in DornachAbout Construction Accident Law in Dornach, Switzerland
Construction accidents in Dornach occur within a Swiss legal framework that combines federal law with cantonal enforcement. Dornach lies in the canton of Solothurn, so local authorities and courts in Solothurn handle investigations and disputes that arise from incidents on building sites in the area. Typical accidents include falls from height, scaffold or trench collapses, machinery or crane incidents, electrocution, and injuries from improper site coordination. Swiss law prioritizes prevention through strict safety rules on construction sites, mandatory accident insurance for employees, and clearly defined responsibilities for project owners, site managers, contractors, and subcontractors. When an accident happens, two tracks often run in parallel: social insurance benefits for medical care and wage replacement, and civil liability claims against parties whose failures caused the harm.
Why You May Need a Lawyer
You may need a lawyer when the insurer disputes whether your injury is an occupational accident, when benefits are reduced or stopped, or when multiple parties blame each other for what went wrong. Legal help is valuable if you suffered severe injuries or permanent limitations, because long-term benefits, disability pensions, and integrity compensation are complex to assess. On multi-employer sites, determining who was responsible for planning, coordination, and on-site safety can be challenging, especially where the project owner, general contractor, and one or more subcontractors share duties under Swiss safety rules. You may also need advice if you are a cross-border worker, a temporary agency worker, or a self-employed contractor, because coverage and obligations can differ from standard employment. A lawyer can preserve evidence, work with experts, negotiate with insurers, pursue civil damages such as pain-and-suffering where appropriate, and manage strict deadlines for objections and appeals.
Local Laws Overview
Accident insurance - UVG LAA. Employees in Switzerland are mandatorily insured under the Swiss Accident Insurance Act. Coverage typically includes medical treatment, rehabilitation, and an 80 percent daily allowance of insured earnings beginning after a short waiting period. In serious cases, there may be disability pensions, integrity compensation for permanent bodily or mental harm, and helplessness allowances. Survivors may receive benefits after fatal accidents. Insurers include Suva or other approved accident insurers depending on the employer. Self-employed persons are not automatically covered and must opt in to accident insurance if they want similar protection.
Construction site safety rules. Safety and health on construction sites are governed by federal law, including the Construction Work Ordinance and related regulations under Swiss labor law. These require prevention through planning, a safety and health plan for works with special hazards, proper coordination when multiple companies are active, fall protection, safe scaffolding and excavation practices, machine safeguarding, electrical safety, and training and supervision. The Federal Coordination Commission for Occupational Safety issues guidelines, and Suva publishes binding rules and technical instructions that are widely applied on Swiss construction sites. The cantonal labor inspectorate in Solothurn can inspect and order corrective measures.
Civil liability and damages. The Swiss Code of Obligations sets out liability rules. A negligent party may be liable in tort. Employers have a duty to protect employees under the employment contract. A business is liable for auxiliaries it employs. The owner of a building or other works is liable for injuries caused by defective construction or poor maintenance. Where equipment defects cause injury, claims under the Product Liability Act may be available against manufacturers or importers. In addition to insurance benefits, civil claims can cover uncovered losses and, in defined cases, moral damages for pain and suffering. Insurers may be subrogated to some claims to avoid double compensation.
Criminal law. Serious violations that cause injuries can lead to criminal investigations for negligent bodily injury or worse. Findings in criminal proceedings can influence civil liability assessments.
Procedures and deadlines. If an insurer issues a decision you disagree with, you generally have a short period to object in writing. After an objection decision, an appeal to the Solothurn cantonal insurance court is also subject to short deadlines. Civil claims for personal injury usually must be filed within one year of learning about the damage and the responsible party and within ten years of the event. Different time limits can apply to product liability and contractual claims. Many civil disputes in Solothurn require a prior conciliation proceeding before the competent local conciliation authority.
Contracts and standards. Swiss construction contracts frequently incorporate SIA standards that allocate responsibilities, including general conditions for construction work. These standards can influence duties for safety, supervision, documentation, and coordination and may be relevant evidence in a liability case.
Frequently Asked Questions
What should I do immediately after a construction accident in Dornach
Seek medical care without delay, report the incident to your supervisor, ensure that an accident report is created, and note the names of witnesses. Take photos of the scene, equipment, and hazards if it is safe to do so. Keep copies of medical reports and receipts. Prompt reporting helps with insurance coverage and later investigations.
Do I need to notify Suva or another accident insurer myself
Your employer typically reports the accident to the accident insurer. Confirm that the report has been made and ask for the claim reference number. If you are unsure who the insurer is, your employer must tell you. If reporting is delayed or disputed, seek legal advice quickly because deadlines apply.
What benefits are available under Swiss accident insurance
Reasonable medical treatment and rehabilitation are covered. If you cannot work, you usually receive an 80 percent daily allowance of insured earnings starting shortly after the accident, subject to statutory caps. Long-term consequences can lead to disability pensions, integrity compensation for permanent harm, and helplessness allowances. Survivors may receive benefits if the accident is fatal.
Can I sue my employer after a construction accident
Yes, civil claims are possible if the employer breached safety duties, but they are complex. Accident insurance pays first for medical costs and wage loss, and the insurer may recover from a liable party. A civil claim can cover losses not paid by insurance and, in some cases, moral damages. A lawyer can assess whether claims against the employer, the site owner, contractors, or equipment suppliers make sense in your case.
Who is responsible for safety on a construction site
Responsibilities are shared. The project owner, designer, site manager, general contractor, and subcontractors each have defined duties under Swiss safety regulations. The party that plans and coordinates the work must address risks in advance and on site. Workers must follow safety instructions and use protective equipment. Failure by any responsible party can lead to liability.
What if a defective tool or machine caused my injury
You may have a claim against the manufacturer or importer under the Product Liability Act and under general tort rules. Preserve the equipment in its post-accident condition if possible and document serial numbers, manuals, and maintenance records. Do not return or repair key items before an expert evaluation.
I am a temporary or agency worker. Am I covered
Temporary agency workers are insured under the accident insurance policy of their employer of record or the assignment framework. Coverage should be in place from day one. If you are self-employed, you must opt in to accident insurance to receive similar benefits. Without accident insurance, only your health insurer covers medical costs, and wage loss is not automatically covered.
How are time limits handled for claims and appeals
Insurance objections and appeals usually have short, strict deadlines counted in days from receipt of the decision. Civil tort claims typically expire one year after you know the harm and the responsible person and in any case ten years after the accident. Different limits apply for contractual and product claims. Act quickly and keep all decision letters and envelopes that show delivery dates.
What if I am a cross-border worker commuting to Dornach
If you are employed by a Swiss employer and injured in Switzerland, Swiss accident insurance rules generally apply, coordinated with EU or EFTA social security rules. Notify your employer and follow Swiss procedures. A lawyer can help with cross-border medical billing, wage certificates, and benefit coordination.
How much does a Swiss construction accident lawyer cost
Lawyers in Switzerland typically charge by the hour. Pure contingency fees are not permitted, but a success-related supplement may be allowed in addition to a base fee. If you have legal protection insurance, it may cover costs. If your means are limited and your case has merit, you can request legal aid from the Solothurn authorities.
Additional Resources
Suva - Swiss National Accident Insurance Institution.
SECO - State Secretariat for Economic Affairs, labor and safety oversight.
Federal Coordination Commission for Occupational Safety EKAS - guidelines and safety rules.
Kantonales Arbeitsinspektorat Solothurn - cantonal labor inspectorate for workplace safety enforcement.
Amt für Wirtschaft und Arbeit des Kantons Solothurn - economic and labor authority for the canton.
Versicherungsgericht des Kantons Solothurn - Solothurn Insurance Court for social insurance appeals.
Friedensrichteramt Dorneck-Thierstein - local conciliation authority for civil disputes.
Schweizerischer Anwaltsverband and Solothurnischer Anwaltsverband - national and cantonal bar associations for lawyer referrals.
SIA - Swiss Society of Engineers and Architects standards often referenced in construction contracts.
Next Steps
Get medical treatment and follow the prescribed plan. Report the accident to your employer immediately and confirm that the insurer has been notified. Keep copies of all medical records, work incapacity certificates, expense receipts, and correspondence. Photograph the accident scene and equipment if safe, and identify witnesses. Do not sign waivers or settlements without legal advice.
Schedule a consultation with a lawyer familiar with construction accidents in the canton of Solothurn. Bring your employment contract or assignment documents, insurance cards, accident and medical reports, wage statements, photographs, and any letters from the insurer or authorities. Ask about deadlines for objections and appeals, the strategy for preserving evidence and obtaining expert opinions, and how civil claims interact with accident insurance benefits.
If you have legal protection insurance, notify the insurer and request coverage. If you need financial assistance for legal costs, ask about applying for legal aid. For many disputes in Solothurn, expect a conciliation step before a civil lawsuit. In insurance matters, be prepared to file a timely written objection if you disagree with a decision. Taking early, organized action helps protect your rights and improves your chances of a fair outcome.
This guide is general information for Dornach and the canton of Solothurn. Your situation may have specific facts or deadlines. Consult a qualified lawyer for advice on your case.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.