Albuquerque Construction Accident Attorney Serious Injuries Deserve Serious Representation
Albuquerque Construction Accident Attorney
Fighting for Construction Site Injury Victims in Personal Injury Claims
If you or someone you love was injured on a construction site, you may have grounds to pursue a personal injury lawsuit and compensation for your injuries, even if the accident occurred in the scope of employment.
At Law Office of Nathan Cobb, our award-winning legal team can help you or your loved one navigate the personal injury claim process following all types of construction site accidents. Backed by years of experience and a client-focused approach, we can evaluate whether you can pursue a civil case outside of the workers’ comp system and what we can do to position you for the maximum financial recovery possible.
Our Albuquerque construction accident lawyers serve victims across Bernalillo County and New Mexico and offer FREE consultations. Call (505) 572-1160 or contact us online to request yours.
Common Causes of Construction Accidents
Construction sites are inherently dangerous, but many accidents are preventable and occur due to negligence. Our team has the experience and resources to handle construction site injuries resulting from all types of causes, including:
- Falls from Heights (scaffolding, ladders, roofs)
- Falling Objects (tools, materials, debris)
- Electrocutions (faulty wiring, exposed power lines)
- Heavy Machinery Accidents (cranes, forklifts, bulldozers)
- Slip and Fall Accidents (wet or uneven surfaces, lack of safety barriers)
- Trench and Building Collapses (improper construction, structural failures)
- Explosions & Fires (gas leaks, chemical mishandling, welding accidents)
- Defective Equipment & Machinery Malfunctions
- Toxic Exposure & Chemical Burns
When these accidents occur due to negligence, victims may be entitled to compensation beyond workers’ compensation benefits.
When the Stakes Are High,
Trust Our Proven Record of Success
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Award-Winning RepresentationRecognized on the prestigious New Mexico Rising Stars list by Super Lawyers magazine every year since 2017.
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Over 15 Years of ExperienceOur commitment to achieving the best results has shaped a strong track record of successful outcomes, even in the most challenging situations.
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Client-Centered Legal SupportWe're focused on your recovery—financially and personally—so you can move forward with your life.
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Free Case Consultation – No RiskTaking the first step toward resolution costs you nothing. We offer a free consultation to assess your legal options.
Can I File a Personal Injury Lawsuit After a Construction Accident in New Mexico?
Law Office of Nathan Cobb represents individuals who have been injured in construction accidents. Your ability to file a personal injury claim will depend on the circumstances surrounding the incident and whether you are a:
- Private Party. If you were injured while passing by or visiting a construction site (as a pedestrian, bicyclist, or motorist), you are likely not subject to workers’ compensation laws and can likely pursue a personal injury lawsuit against the responsible parties. These accidents can occur due to falling debris, unsecured scaffolding, hazardous site conditions, or unsafe construction practices that create risks for the public. If a construction company, contractor, or property owner failed to take reasonable precautions to protect people near the site, they may be liable for your injuries.
- Construction Worker. If you were injured as a worker, you’re likely covered by workers’ compensation. Typically, workers’ comp is the exclusive remedy for workers injured on the job, but there are situations where you may be able to file a personal injury lawsuit. If your injuries were caused by a third party, for example, you may have the right to pursue compensation outside of what workers’ compensation provides. If you’re unsure whether you qualify for a third-party lawsuit, our team can review your case and explain your options.
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When Construction Workers Can File Personal Injury Claims
Although New Mexico law typically restricts work-related injury claims to the workers’ compensation system, there are several circumstances where an injured worker may be able to file a personal injury lawsuit as well:
- Third-Party Liability: If a party other than your employer (e.g., a subcontractor, equipment manufacturer, or property owner) caused or contributed to causing your injury through negligence, you may have a case against them.
- Defective Equipment or Machinery: If faulty tools, scaffolding, heavy machinery, or safety gear caused your injury, you may have a product liability claim against the manufacturer or distributor.
- Toxic Exposure: If exposure to hazardous substances or industrial chemicals led to illness or injury, you may have a case against the manufacturer or supplier of those materials.
- Employer Gross Negligence or Intentional Harm: While rare, employers can be sued directly if they engaged in intentional misconduct or extreme negligence.
While we do not handle workers' compensation claims, we can connect you with experienced attorneys through our connections in the legal community. We can slo help you understand what claims you might have outside of a workers’ compensation claim and what recovery you might be entitled to. This includes liens or credits that may need to be repaid to the workers’ compensation insurer from your injury recovery. Our team will analyze these issues with you and help you determine whether you have a viable personal injury claim during a personalized consultation.
Recoverable Damages in a Construction Site Injury Lawsuit
One key advantage of filing a personal injury lawsuit is that you can recover damages that are not available under the workers compensation system. Workers’ compensation benefits are limited and generally only cover medical expenses and a portion of lost wages, whereas a personal injury claim can provide compensation for both economic and non-economic damages. While you should not ignore or forego the benefits available to you through a workers’ compensation claim, identifying and pursuing claims outside of workers’ compensation gives you the ability to recover a much broader scope of damages, including:
- Full Lost Wages & Future Earnings Loss: Unlike workers’ compensation, which only provides partial wage replacement, a personal injury lawsuit allows victims to recover their total lost income, including future lost earning capacity if they are permanently disabled.
- Pain and Suffering: Workers' compensation does not cover pain and suffering, emotional distress, or loss of enjoyment of life, but these are recoverable in a personal injury claim.
- Loss of Consortium: Family members of a seriously injured construction worker may be entitled to compensation for the loss of companionship, care, and support resulting from the injury.
- Punitive Damages: If the accident was caused by someone’s reckless disregard for safety, or intentional misconduct, punitive damages may be awarded to punish the at-fault party.
- Wrongful Death Damages: If a construction accident results in a fatality, a wrongful death claim can provide compensation for funeral costs, lost financial support, and the emotional suffering of surviving family members.
Our firm fights aggressively to maximize compensation for victims and their families, ensuring they are not left with overwhelming financial burdens due to someone else’s negligence.
