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) 225-8880 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 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.