Top
Serving Albuquerque and throughout the state of New MExico We're Not Just Your Law Firm, We're Also Your Neighbors

Construction Accident Lawyer Albuquerque

Construction Accidents & Injuries in New Mexico

Construction sites contain numerous hazards. Controlling these hazards to prevent serious injuries is the responsibility of the company overseeing the worksite, which must make sure workers have what they need to safely perform tasks. Construction companies must also make sure people passing by the site are kept safe and secure.

When the proper safety measures aren’t taken, life-threatening injuries may occur. In this case, filing a personal injury or workers’ compensation claim can help accident victims recover from injuries. At Martinez, Hart, Sanchez & Romero, we help victims of construction accidents in Albuquerque and throughout New Mexico seek the fair compensation they are owed. If you believe you may have a case, reach out to our firm right away to schedule a free, no-obligation consultation. Our bilingual staff can assist you in English or Spanish (se habla español). 

You can reach us online or by phone at (505) 806-1780. There is no cost in speaking to our Albuquerque construction accident lawyers, and we only collect legal fees if/when we win your case.

Common Causes of Construction Site Accidents

Construction sites typically involve the use of heavy-duty equipment, including forklifts, backhoes, and lifts. If this equipment malfunctions, there is a high risk of crush injuries and other catastrophic occurrences. Falls are also a common hazard on worksites. Working on a roof or atop a ladder can lead to devastating injuries depending on the height of the fall.

Working from great heights also entail other risks, including the risk of dropping an object on the ground below. Even when workers are wearing hardhats, it may not be enough to prevent damage caused by a falling object. 

Other potential risks include respiratory diseases caused by inhalation of dust and fumes, overexertion, explosions, and collapse of scaffolding and other structures. 

Injuries Sustained in Albuquerque Construction Accidents

Construction workers face numerous risks every day on the job. Due to the dangerous nature of the job, they tend to sustain severe or even catastrophic injuries when they are involved in construction site accidents. 

Some of the most common types of construction accident injuries include: 

  • Accidental amputation/loss of limb 
  • Broken bones/fractures 
  • Fall-related injuries 
  • Head, neck, and back injuries 
  • Traumatic brain injuries 
  • Spinal cord injuries 
  • Crush and caught-between injuries
  • Soft tissue damage 
  • Sprains and strains 
  • Overuse and overexertion injuries 
  • Shoulder, knee, and other joint injuries 
  • Nerve damage 
  • Severe burn injuries 
  • Respiratory illness 
  • Toxic exposure 

People passing by construction sites are also at risk of being seriously injured when safety protocols are not followed or when accidents occur. Such parties may suffer injuries like those listed above and, like construction workers, may be similarly entitled to compensation for their related damages. 

Seeking Compensation for Construction Accident Injuries in New Mexico

Legal remedies vary depending on who the injured party is:

  • Non-Workers: Non-workers injured when passing by construction sites can freely file personal injury claims alleging negligence. You may be able to bring a personal injury claim for acts of negligence at a construction site that cause injury, including damages for medical expenses, pain and suffering, loss of enjoyment of life, loss of household services, and lost wages.
  • Construction Workers: Workers injured on construction sites typically file for worker’s compensation. In many instances, it’s not possible to file a personal injury suit against an employer for acts of negligence. However, if your employer caused you intentional harm or failed to have the proper worker’s compensation insurance (which is mandatory in New Mexico) you may be entitled to a personal injury claim against your employer.

If you are a construction worker who suffered a work-related injury or occupational disease, you do not need to prove that anyone—including your employer—was at fault to qualify for workers’ compensation benefits. However, if you are a construction worker or non-worker filing a third-party personal injury claim, you must establish liability. 

The liable party depends on the circumstances of the incident. Was a construction worker negligent, leading to your injury? Were there dangerous conditions present on the construction site, or did the contractor cut corners and fail to follow safety standards? By evaluating these and other factors, our Albuquerque construction accident attorneys are able to determine who is liable for your construction accident injuries and related damages. 

  • "I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."
    Christopher C.
  • "Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
    Dorian D.

Albuquerque Construction Accident Claims FAQs

What should I do immediately after a construction accident in Albuquerque?

You should:

  1. Seek medical attention immediately.
  2. Report the accident to your supervisor or site manager.
  3. Document the scene and your injuries (photos, witness names).
  4. Consult a construction accident attorney to understand your rights.

Can I file a personal injury lawsuit if I’m injured on a construction site?

It depends. If you are a worker, your primary remedy may be through workers’ compensation. However, you may file a personal injury lawsuit if:

  • A third party (not your employer) was negligent.
  • A defective product or machinery caused the injury.

What if my employer is at fault?

In New Mexico, workers’ compensation typically prevents you from suing your employer directly. However, you can still recover compensation for medical bills and lost wages through the workers’ comp system.

How long do I have to file a claim after a construction accident in NM?

  • Workers’ Compensation Claim: You should report the injury within 15 days of the accident and file a claim as soon as possible. 
  • Personal Injury Lawsuit: New Mexico has a three-year statute of limitations for filing a personal injury claim.

What types of compensation can I receive?

Depending on your case, you may be eligible for:

  • Medical expenses
  • Lost wages
  • Future medical care
  • Pain and suffering (in personal injury cases)
  • Permanent disability benefits

What if a subcontractor caused my injury?

If a subcontractor or other third party was negligent, you may be able to file a separate personal injury lawsuit against them in addition to your workers’ comp claim.

How is fault determined in construction accident cases?

Fault is determined by examining:

  • Site safety protocols
  • Equipment maintenance records
  • Witness statements
  • OSHA violations or investigations

Do I need a lawyer for a construction accident claim?

While it’s not required, hiring a lawyer—especially one familiar with New Mexico workers’ comp and personal injury laws—can greatly improve your chances of receiving fair compensation.

We Can Answer Your Construction Accident Questions

When you need legal guidance and aren’t sure where to turn, Martinez, Hart, Sanchez & Romero is here to help. Working with our Albuquerque construction accident attorneys helps to ensure that your case receives the attention it needs. We can determine whether your case is valid, as well as develop a suitable legal solution to get results.

For a free consultation with one of our Albuquerque construction accident lawyers, call (505) 806-1780 or contact us online.

"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
Dorian D.
Our History

Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.