Construction Accident Lawyer in New Mexico

COMMON CONSTRUCTION ACCIDENTS

Zinda Law Group’s construction accident lawyers have experience handling many types of construction accident cases in New Mexico.  Listed below are some of the most common types of construction accidents.

Hazardous Equipment Accidents

Construction sites are littered with inherently dangerous equipment such as drills, forklifts, saws, and other power tools.  Even with proper training and handling, accidents involving dangerous tools can occur.

Ladder Accidents

Thousands of ladder-related accidents and injuries occur at construction sites across the country each year.  This type of accident can occur for several reasons, including negligent handling or negligent manufacturing.  Taking proper precautions, such as thoroughly inspecting a ladder before use can minimize the risk of sustaining a ladder-related injury.

Crushing Accidents

Crushing accidents are one of the most severe forms of construction accidents.  Crushing injuries may include broken bones, lacerations, and even death.  Common sources of crushing accidents include heavy equipment, such as construction vehicles or building materials.  Crushing accidents may be reduced or prevented by always exercising extreme caution, being hypervigilant, and wearing the proper safety equipment.

Explosion and Fire Accidents

Explosion and fire-related injuries are also very common at construction sites.  These accidents can occur for several reasons.  Examples include ruptured gas lines, natural gas leaks, or improper storage or handling of combustible materials.  These injuries are often severe and can be traumatizing.

Cutting Accidents

The frequent use of power tools such as saws, nail guns, and other bladed objects make cutting accidents a very common form of construction site injury.  Although improper handling of equipment is one of the primary causes of cutting accidents, these types of accidents can also occur because a product was defective.  In such cases, the manufacturer of the tool can be held liable for injuries resulting from the use of the object.

PREVENTING CONSTRUCTION ACCIDENTS

Certain precautions may reduce the risk of a construction accident.  Most importantly, you should always adhere to safety procedures and protocols, and individual property managers and contractors must ensure they are complying with laws and regulations. The U.S. Department of Labor implements construction site regulations under Occupational Safety & Health Administration (OSHA). Some of these regulations include:

• Removing any hazardous objects or materials from the workplace
• Wearing safety equipment
• Creating a hazard communication and education program
• Reading safety manuals
• Being aware of your surroundings

Read More: OSHA Tips for Preventing Construction Site Accidents

WORKERS’ COMPENSATION

Personal injury claims and workers’ compensation claims overlap in many areas.  However, there are significant differences between the two.  Understanding the similarities and differences between personal injury claims and workers’ compensation may provide valuable insight as to your rights following a construction accident.

Proving Fault

One of the major differences between a personal injury claim and a workers’ compensation claim is proving fault.  Personal injury claims typically require a victim to establish that another party was at fault, while workers’ compensation claims typically entitle a victim to compensation as long as the injury occurred on the job.  In other words, construction accident victims wishing to file a workers’ compensation claim do not carry the burden of proving that another person caused the accident.

Compensation

With a personal injury lawsuit, a victim may be entitled to receive compensation for damages, including both economic damages (lost wages, lost earning capacity, medical bills, future medical expenses, etc.) and non-economic damages (pain and suffering, loss of enjoyment of life, etc.)  In contrast, workers’ compensation claims normally only allow for recovery of economic damages.  Workers’ compensation may cover lost income in the form of weekly or periodic payments, as opposed to personal injury damages which can be collected in a lump sum.

Simultaneous Claims

In most cases, a construction accident victim will not be allowed to file both a workers’ compensation claim and a personal injury claim against the same party.  However, there are exceptions.  For instance, if a person was injured while on the job and the injury was caused by an unrelated third party, the victim may be able to file a workers’ compensation claim with the employer and bring a personal injury claim against the third party.  Another exception is when the employer’s conduct was intentional or reckless.  In such cases, it may be possible to file both a workers’ compensation claim and a personal injury claim against the employer.

WHO CAN I SUE?

Victims of construction site accidents are typically entitled to workers’ compensation following an accident, regardless of who was the at-fault party was.  However, sometimes employers do not carry adequate workers’ compensation insurance.  When this is the case, victims may be able to sue their employers outside of workers’ compensation.

A victim wishing to recover the remainder may try to do so by filing a claim against the party that caused the injury.  In this way, the victim may be able to receive compensation for losses not covered by workers’ compensation.  Listed below are examples of parties who may be responsible for injuries sustained at a construction site.

Employer

You can generally not sue your employer for on-the-job injuries.  Under the New Mexico Workers’ Compensation Act, unless your employer does not carry adequate workers’ comp insurance, or unless they acted intentionally in causing your injuries, you may not bring a private lawsuit.  A personal injury attorney may be able to determine whether you should pursue a workers’ compensation claim or a personal injury suit.

Manufacturers of Tools/Equipment

The manufacturer or retailer of defective tools or equipment may be subject to liability if it can be established that the defective product caused the injury.  For instance, if a person was injured by a power saw with a poorly designed on/off switch, the manufacturer or seller of the power saw may be held legally responsible for the injury if the injury was caused by the defective parts.

Read More: New Mexico Product Liability Lawyers

Property Owners

Owners of the property where the construction site is located may be subject to premises liability if the conditions of the site were unreasonably dangerous.

Contractors or Subcontractors

Construction sites are typically composed of a mix of employees and specialists working for different employers.  If a person who does not work for your employer causes your injury, you may be able to sue that individual or the company that employs the individual.

LEGAL TIME LIMITS

The law imposes time limits that restrict a personal injury victim’s ability to pursue legal action. These time limits, also referred to as “statutes of limitations,” regulate when a person can bring a lawsuit.  A person who fails to file a claim within the statute of limitations will not be allowed to pursue legal action at all.

New Mexico has a three-year statute of limitations for personal injury claims and a one-year statute of limitations for workers’ compensation claims.  An experienced construction accident attorney may help you determine when you must file your claim.  A lawyer may also analyze the facts of your case and provide advice regarding your best options moving forward.

TRUST ZINDA LAW GROUP’S NEW MEXICO CONSTRUCTION ACCIDENT LAWYERS

After a construction accident, you may not be sure where to turn.  The experienced New Mexico construction accident lawyers at Zinda Law Group are dedicated to helping our clients seek compensation for their injuries and get their lives back on track.  We believe victims should not have to worry about affording legal representation, which is why you don’t owe us anything unless we win your case.  That’s our No Win, No Fee Guarantee.

Call (800) 863-5312 today for a free case evaluation with one of our New Mexico attorneys.

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