Any industry comes with its own set of risks, but none more so than the construction industry. In fact, according to the Occupational Safety and Health Administration (OSHA), 1 in 10 construction workers are injured annually – mostly from falls or contact with construction equipment.
Construction site injuries can be a bit more complex, as there is often more than one contractor or sub-contractor on site at once. With so many third parties, workers are commonly at an increased risk of injury due to negligence. All it takes is one person failing to properly set up equipment or materials in order for someone to become injured.
Are Your Employers Protected from Liability?
In New Mexico, employers are protected from personal injury lawsuits under the exclusivity provision of the Workers’ Compensation Act. However, you can still recover from your injuries through the responsible third party or parties.
Under the Workers’ Compensation Act, any worker who is injured on the site due to their employer can seek damages only through workers’ compensation, which limits the amount you can recover to just a percentage of your wages. But in instances of very severe injuries, this compensation may be greatly inadequate as compensation for his or her injuries. But if a worker is injured by someone other than his or her employer or co-worker, he or she can seek damages from the responsible third party or parties.
Responsible Third Parties
Under state law, a worker who is injured may bring a lawsuit against any and all responsible parties. In such a case these third parties must offer their own evidence to demonstrate that it wasn’t them but rather another party that is to blame for the worker’s injury. It isn’t uncommon for multiple third parties to try to pin the blame on each other. It may also be that there is more than one party responsible.
Damages for construction site injuries, which often occur to the back, neck, spine, etc., may include medical bills, lost wages, and pain and suffering.
MPJ Law Firm Can Help Those in NM Who Have Been Injured in a Slip-and-Fall Accident
If you or a loved one has been injured in a construction site accident, it can greatly impact your life. It can be difficult enough to deal with your substantial injuries, but it can be even harder when you are left to pick up the pieces financially. You should never have to pay the price for someone else’s mistakes and you shouldn’t have to accept far less than you deserve.
At MPJ Law Firm, we have a deep understanding of personal injury accidents and understand the effects that such accidents often have on just about all aspects of your life. We will always act in your best interest. To learn more or to schedule a free consultation, contact us today!
Posted in: Personal Injury, Slip and Fall Accidents