Albuquerque Construction Accident Lawyer
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).
In addition to general construction accident claims, our firm represents clients injured in more specific types of construction incidents, including:
- Crane Accidents – Crane collapses, dropped loads, and rigging failures can cause catastrophic injuries to workers and bystanders alike.
- Forklift Accidents – Forklift tip-overs, collisions, and improper training frequently lead to serious crush injuries on job sites.
- Welding Accidents – Burns, eye injuries, and explosions caused by improper welding safety protocols are a significant risk on many construction sites.
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 entails 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.
OSHA Standards and Construction Site Safety in New Mexico
The Occupational Safety and Health Administration (OSHA) sets minimum safety requirements for construction sites across the country, covering everything from fall protection and scaffolding to trenching, electrical hazards, and personal protective equipment. In New Mexico, construction employers are expected to comply with these federal standards, and violations often play a central role in establishing liability after an accident.
When we investigate a construction accident, we look closely at whether the site was in compliance with applicable safety regulations, including:
- Fall protection systems on elevated work areas
- Proper scaffolding erection and inspection
- Trenching and excavation shoring requirements
- Equipment maintenance and inspection logs
- Hazard communication for toxic substances and fumes
- Personal protective equipment (PPE) requirements
A documented OSHA violation doesn't automatically win a case, but it can be powerful evidence that a contractor or site owner failed to meet the standard of care owed to workers and visitors alike. Our attorneys know how to obtain and interpret OSHA citations, incident reports, and inspection records to build a strong claim.
Who Can Be Held Liable in a Construction Accident?
Construction sites often involve multiple companies working together — a general contractor, several subcontractors, equipment rental companies, and material suppliers. When an accident happens, determining who is legally responsible requires untangling these overlapping relationships. Depending on the facts of your case, liability may fall on one or more of the following parties:
- General contractors, who are typically responsible for overall site safety
- Subcontractors, if their workers' negligence caused or contributed to the accident
- Property owners, if unsafe conditions existed on land they controlled
- Equipment manufacturers, if a defective crane, lift, scaffold, or power tool caused the injury
- Architects and engineers, if a design flaw contributed to a structural failure
- Third-party companies, such as delivery drivers or utility crews working near the site
Because construction accident claims frequently involve more than one at-fault party, it's important to have an attorney who can identify every viable source of compensation — not just the most obvious one.
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"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.
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"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:
- Seek medical attention immediately.
- Report the accident to your supervisor or site manager.
- Document the scene and your injuries (photos, witness names).
- 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
Where do construction accidents occur?
Our Albuquerque construction accident attorneys represent clients injured across a wide range of project types throughout New Mexico, including:
- Residential home construction and remodeling
- Commercial and retail building construction
- High-rise and multi-story building projects
- Road, highway, and bridge construction
- Industrial and warehouse construction
- Utility and infrastructure projects
What are the common injuries?
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
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.
Why Choose Martinez, Hart, Sanchez & Romero for Your Construction Accident Claim
Construction accident cases are rarely simple. Between workers' compensation rules, third-party liability, and the involvement of large contractors and insurance carriers, injured workers and bystanders need an advocate who understands how these cases unfold in New Mexico.
For nearly 30 years, Martinez, Hart, Sanchez & Romero has represented injured New Mexicans against powerful opposing parties, including insurance companies, corporations, and government entities. We're not a national chain — we're a homegrown Albuquerque firm, built on the same corner of Rio Grande and Indian School where our founding partner's family has deep roots in this community. That local perspective shapes how we handle every construction accident case: with the attention and care of neighbors, backed by the resources and trial experience of a firm that regularly goes up against sophisticated defendants.
We handle construction accident claims on a contingency-fee basis, meaning you owe us nothing unless we recover compensation on your behalf. Our bilingual staff can also assist you in English or Spanish (se habla español), so language is never a barrier to getting the legal help you need.
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.
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.