New Mexico Construction Accident Lawyer

Common Causes of Construction Accidents

Most serious construction injuries fall into a handful of categories — the “Fatal Four” that OSHA tracks account for the majority of on-site deaths:

• Falls from scaffolding, ladders, roofs, and elevated surfaces
• Struck-by incidents — falling tools, materials, or swinging loads
• Caught-in/between — trench collapses and unguarded machinery
• Electrocutions from live wires and contact with overhead power lines
• Crane, forklift, and heavy-equipment accidents
• Fires, explosions, and toxic exposure

Whatever the cause, the key legal question is who was responsible for the unsafe condition — and often it is not just the employer.

Workers’ Compensation vs. a Third-Party Claim

If you are hurt on the job, New Mexico workers’ compensation should cover your medical care and part of your lost wages regardless of fault — and in exchange, you usually cannot sue your own employer. But workers’ comp does not pay for pain and suffering and often falls short of your full losses.

That is why the third-party claim matters. Construction sites involve many companies — general contractors, subcontractors, property owners, equipment manufacturers, and suppliers. When one of them (someone other than your employer) caused your injury, you can bring a separate negligence claim for the full range of damages, on top of workers’ comp.

Who Can Be Held Liable

Depending on how the injury happened, responsible parties may include:

• General contractors and construction managers who failed to maintain a safe site
• Subcontractors whose work created the hazard
• Property owners who knew of a dangerous condition
• Manufacturers of defective tools, equipment, or safety gear
• Suppliers and delivery companies operating on site

OSHA standards frame the safety duties on every job site, and a documented OSHA violation is strong evidence of negligence in a third-party claim.

New Mexico Law and Your Deadlines

A third-party construction claim is a personal-injury case, so New Mexico’s three-year statute of limitations (NMSA §37-1-8) generally applies. New Mexico’s pure comparative negligence rule (Scott v. Rizzo) means you can recover even if you were partly at fault, with your award reduced by your percentage of fault.

Workers’ compensation has its own, shorter notice and filing deadlines, and if a government entity is involved the Tort Claims Act adds a 90-day notice requirement. Because several clocks can run at once, it is important to have the case reviewed quickly.

How Law Giant Injury Lawyers Help

We coordinate your workers’ compensation and third-party claims so they work together rather than against each other, identify every liable party, and preserve the evidence — site photos, OSHA records, equipment, and witness accounts. With over $1 Billion recovered for injury victims across New Mexico, we have the resources to take on large contractors and their insurers. Call 505-900-0000 — you pay nothing unless we win.