Is my Employer Responsible for my Construction Accident?

If you've been hurt at work while working on a construction or oilfield site, you may have a Workers' Compensation Claim Sept. 21, 2022

New Mexico is seeing a boom in construction and oilfield work. The price of oil and growth in new and existing industries mean there's always something being built or worked on.

But with an increase in the volume of construction usually comes an increase in the volume of workplace injuries and accidents.

Many workers who are hurt at work find themselves wondering whether their employer is responsible for their injuries. And others ask whether other parties (other than their employer) can be held accountable. The answer depends on the facts of the case and, often, some complicated legal analysis.

Common Causes of Construction Workplace Accidents

  • Falls

  • Electrical dangers

  • Lifting heavy or awkward objects

  • slip or trip and fall accidents

  • motor vehicle crashes

  • repetitive motion

    Who is to blame?

    When you've been hurt at work, you are typically entitled to workers' compensation benefits if your injury happened at work while you were working in the "course and scope" of employment. If you were doing a "special errand" for your employer, you're also typically covered.

    But there's a trade-off. Under Workers' Comp law, you generally cannot sue your employer (or employees) if their negligence or wrongful conduct is what led to your workplace accident.

But Liability Against your Employer for Workers' Compensation Doesn't Mean you Can't Make a Claim Against Other Parties

If your workplace accident was caused in whole or in part by the wrongdoing or negligence of someone other than your employer or co-workers, you may have a claim against that other party.

Common Additional Parties in Workplace Accident Cases Include

  • Vendors

  • Transportation companies and their employees

  • unrelated parties (like passersby or other drivers on the road)

  • third-party companies

  • Sub-contractors

    It gets complicated. That's why you need an experienced Workers' Compensation Lawyer to help

    If you've been hurt at work, don't run the risk of missing out on a possible, valuable claim against other parties simply because you think "Workers' Comp has you covered."

    Talk to an experienced Workers' Compensation lawyer today. We can review the facts of your case, ensure your rights under Workers' Comp law are protected, and review any possible additional claims you may have.