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You deserve the chance to recover properly from an on-the-job injury. The dedicated Albuquerque work injury attorneys at the Law Giant Injury Lawyers are here to fight for you. With over $1 Billion recovered, let the Law Giant team listen to what happened, investigate, and fight for everything you need and deserve.

Call (505) 900-0000 or contact us online to schedule a free consultation with one of our Albuquerque injury lawyers. We take cases on a contingency basis, so you’ll only pay no up-front. We’re paid only after you receive compensation.

“Great group of people to work with—very efficient and professional. Alex has put together a great Team!”

– Derek B.

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Common Albuquerque Work Accidents

According to the Bureau of Labor & Statistics, there were 2.8 million nonfatal workplace injuries and illnesses in 2019. Depending on what industry you work in, you could be injured in a wide variety of accidents. Some of the most common types of Albuquerque work accidents are:

Workers Comp & Work Injury Claims

After suffering an on-the-job injury, you may be inclined to file a workers comp claim. However, there is a big difference between workers’ comp benefits and the injury settlement you could receive if you chose to pursue a work injury claim.

Most employers in New Mexico are required to provide their employees with workers’ comp coverage. That way, whenever an employee is injured at work, they can be awarded certain benefits regardless of fault.

This is a key difference between workers’ comp benefits and work injury claims. In a work injury claim, someone else is responsible for causing the victim’s injuries. And the only way that the victim can be awarded compensation for their suffering is by pursuing a work injury claim.

You might be entitled to both workers’ comp benefits and an injury settlement in some cases. The best way to find out is to contact a Bernalillo County work injury lawyer.

Who Can You Sue for a Work Injury?

There could be any number of parties responsible for your work injury. For your work injury lawsuit to be successful, your attorney will need to be able to show that someone else’s negligence or misconduct was the cause of your injuries. Some of the different parties who could be named as liable in an Albuquerque work injury claim include:

  • Your colleagues
  • Your supervisor
  • Your boss
  • The company you work for
  • Equipment producers
  • Equipment designers
  • Equipment distributors
  • Other staff employed with your company
  • Other third parties

Essentially, anyone, whether they work for your employer or not, could have contributed to your injuries, depending on the details. For this reason, your attorney must be able to analyze what happened thoroughly. In doing so, we will determine who is at fault and gather the evidence to support your case. Some of these types of evidence might include:

  • Photos of the accident
  • Photos of your injuries
  • Medical records
  • Witness statements
  • Police reports
  • Safety reports
  • Expert testimony
  • Video footage

Work Injury Damages

Your Worker’s Comp benefits will likely provide coverage for your injury-related medical expenses and a portion of your lost income. But they won’t cover all of the income that you are losing by being unable to work. This is when it can be a good idea to move forward with your civil claim. When you pursue a work injury claim in Albuquerque, you can seek compensation for a wide variety of damages. Some of the economic and non-economic damages you could recover are:

  • Remaining lost wages
  • Diminished earning potential
  • Future injury-related medical expenses
  • Nuisance
  • Lost quality of life
  • Loss of closeness and love
  • Loss of society and support
  • Damage to your reputation
  • Property damage, where applicable
  • Emotional distress
  • Physical pain
  • Suffering
  • Childcare expenses
  • Costs of household maintenance
  • Other household service losses
  • Scarring

There may be other losses that you could recover in your claim as well. For example, if the liable party’s actions were found to be grossly negligent, you could be awarded punitive damages. While rare in a work injury claim, your lawyer will be able to tell you how much you could expect to be awarded after taking a closer look at your case.

Albuquerque Work Injury FAQ

After suffering a devastating work-related injury in Albuquerque, you probably have many questions that you need answers to. In the hopes of helping you get through this difficult time in your life, we have included the answers to some of the top questions workers like you have had regarding potential work injury lawsuits. If you have additional questions that were not answered on this page, do not hesitate to contact our office and set up a free consultation.

What is the statute of limitations for a work injury claim?

The statute of limitations sets the amount of time you will have to get your claim filed in civil court. Failure to file your work injury lawsuit before the three-year statute of limitations expires is certain to result in the dismissal of your case.

Can I file a claim if I share fault for the accident?

Yes. New Mexico is a pure comparative fault state. This means that you can still be awarded compensation when you are partially liable for causing an accident. If you lived in a pure contributory fault state like Alabama, sharing fault would bar you from being awarded compensation. And if you lived in a modified comparative fault state, you would be able to collect compensation, but only if you are less than about fifty percent at fault. Since you live in a pure comparative fault state, you can be awarded compensation for your injuries no matter how much fault you carry for the accident.

However, that doesn’t mean you won’t need to be held accountable for your portion of the fault. The courts will ensure that you are held to account by reducing your injury settlement in proportion to your percentage of fault. So if you were to be, say, 15% liable for the accident, you could expect your injury settlement to be reduced by 15% as well.

Will I have to go to court?

It is certainly possible that your case will have to go to court. Your attorney may be able to negotiate with the insurance company for a reasonable settlement. But there is no guarantee that this payout will cover your losses in their entirety. The insurance company is only required to provide compensation for certain losses. They are only required to pay out up to the highest limits of the insured’s policy. Since you have the right to be made whole, you may need to go to court to get the most out of your claim.

Thousands of Albuquerqueans suffer work-related injuries every year.
$ 3 8 , 0 0 0

is the average loss of a work-related injury. This includes lost wages, diminished productivity, and medical expenses.