Las Cruces Construction Accident Lawyers

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Construction accident claims are complex because they present questions about liability and control.  Despite the complexities of these claims, Zinda Law Group helps workers seek compensation after being injured at their place of work.

WHAT MAKES CONSTRUCTION ACCIDENTS UNIQUE?

Construction accidents are so unique because construction workers have a much stronger likelihood of being hurt on the job than those in other professions.  Construction workers spend their days in high-risk situations where they are dealing with a lot of moving parts and heavy equipment.  This provides an environment that is particularly conducive to getting hurt.  Additionally, construction accidents are unique because they are preventable to some extent.  Whether it be the machinery, the training, or the handling of equipment, somebody has the power to lessen the likelihood that someone will get hurt.  For example, OSHA says that that fall protection is one of its most violated safety standards.  

By providing proper training and making sure workers are ready to follow all necessary safety protocols, there is a much better chance that workers can lessen the likelihood of a construction accident at work.

TYPES OF CONSTRUCTION ACCIDENTS

According to the Occupational Safety and Health Administration (OSHA), there are four main types of construction accidents that may result in serious injury or death.  These four scenarios are referred to as “The Fatal Four”.  The four types are as follows:

  • Falls were responsible for 33.5% of workplace deaths in 2018 according to OSHA.
  • Being struck by an object accounted for 11% of deaths.
  • Electrocution caused 8.5% of workplace deaths.
  • Getting caught between equipment and /or machines claimed the lives of 5.5% of workers.

OSHA estimates that these four types of construction accidents claim the lives of over 400 construction workers every year.

COMMON CONSTRUCTION ACCIDENT INJURIES

The list below outlines some of the common injuries that may result from a construction accident, but this list is certainly not exhaustive:

WHO IS AT FAULT?

Determining liability in a construction accident is particularly difficult because multiple parties may be partly responsible.  With multiple parties potentially liable, it can be difficult to ultimately determine where to place fault.  The following is a list of people who may ultimately be assigned some degree of fault after a construction accident happens:

  • The construction site owners
  • Engineers
  • Architects
  • General contractors
  • Sub-contractors
  • Site managers and/or foremen
  • Manufacturers of equipment/machinery
  • Co-workers
  • Yourself by user error

Injuries are often caused by someone else’s negligence.  This means that someone owed you a duty to act a certain way or to keep the work environment in a certain manner and then they breached this duty somehow.  The duty that is owed to you will vary depending on who you are trying to sue.  Some parties involved, such as site managers, may have had a duty to keep the construction site to a certain standard or to train you in a specific way.  Other parties, such as coworkers, have a duty to act as reasonable people would and not put you in a situation that they know or should know could be dangerous.  Ultimately, whatever the breach, you will need to be able to show that it was this breach that has caused your injuries. 

HOW IS THIS DIFFERENT FROM A WORKERS’ COMPENSATION CLAIM?

Workers’ compensation claims and personal injury claims are two very different types of systems.  Although these claims can both arise from workplace accidents, they function differently.  Every state has workers’ compensation laws that usually allow someone to recover medical expenses and lost wages after suffering a workplace accident.  These damages are a lot more limited than what would maybe be available via a personal injury claim. 

New Mexico businesses that employ three or more workers are required by law to have workers’ compensation insurance.  If you are eligible for workers’ compensation, you won’t be able to file a personal injury claim against your employer as well.  However, you may be able to file one against someone else if you can place the blame on a certain individual in the workplace who injured you intentionally.  Personal injury claims not only allow you to seek compensation for damages such as medical expenses and lost wages, but also may allow you to be covered for non-economic damages.  This includes compensation for pain and suffering.

WHAT TO DO AFTER A CONSTRUCTION ACCIDENT

These five easy steps can help walk you through what you should do if you are involved in a construction accident while at work:

1. Get Medical Attention

The number one thing you should always do after getting hurt is to seek medical attention.  You need to know what your injuries are, how bad they are, and what you can do to treat them.  Additionally, it is important to create a medical record that can be used as evidence when seeking compensation for your injuries.

2. Let Your Supervisor/Superior Know What Happened

Although it may not seem important in the moment, always let your superiors know that you have been injured at work.  In the early stages of your injury, you probably aren’t thinking too heavily about liability, but when it becomes an issue you don’t want anyone saying that you aren’t being truthful.  Letting the right people know about what happened as soon as it happens will help show you are being honest about what occurred.

3. Document Your Injuries

Something that a lot of people don’t consider doing is documenting their own injuries.  You want evidence of what your injuries were like as soon as they happened.  Once your injuries begin to heal or are treated, they may no longer look as bad as they originally were.  It’s important to have an accurate depiction of how everything was when the accident happened.

4. Take Note of Key Witnesses

It can never hurt to have some witnesses on your side to provide more information.  Take note of anyone around who you can speak to later on about your accident and who may be interested in helping you with your claim.

5. Speak to an Experienced Attorney

Speak with a Las Cruces construction attorney who has experience with construction accidents to make sure you are being treated fairly and being offered the appropriate compensation you may be entitled to.

Learn More: Why Hiring a Lawyer Will Help Your Case

IS THERE A TIME LIMIT TO FILE MY CLAIM?

Each state places legal time limits on certain legal claims.  This is known as the statute of limitations.  The statute of limitations provides the time frame in which someone is allowed to bring a lawsuit.  Each state is unique, but New Mexico law places a three-year time limit on a victim’s ability to file a personal injury claim.  If it has been more than three years since your construction accident and you want to file a personal injury claim for compensation, then you may be out of luck.  A lawyer may be able to help you determine if there are any other avenues for potential relief so that you can seek the compensation that you may be entitled to as a result of your accident.

HOW ZINDA LAW GROUP CAN HELP

Regardless of whether your claim is simple, complicated, or somewhere in between, it is in your best interest to consult with an attorney.  This is especially true with a construction accident because as mentioned, usually these claims can be complex.  The world of lawsuits can be complex and burdensome without a lawyer.  Don’t make it harder on yourself by trying to go through this process alone.  Our Las Cruces attorneys at Zinda Law Group have the experience to guide clients through the legal process, make recommendations, negotiate with the involved parties, and help advise on important legal decisions.  Having an experienced attorney may improve your chances of being able to seek the maximum compensation you may be entitled to for your injuries. 

At Zinda Law Group we believe that quality representation should be available to everyone.  That is why we work on a contingency fee basis.  That means that unless we secure you appropriate compensation, then you don’t owe us anything.  Give our Las Cruces construction accident lawyers a call today at (800) 863-5312 to for a free case evaluation

Meetings with attorneys by appointment only.