Third party liability claims for workplace injury or illness
Because of the broad protections given to New Mexico employers, workers are limited to whatever recovery they can get within the provisions of the Worker’s Compensation Act. The recovery available through Worker’s Compensation does not include punitive damages, compensation for pain and suffering and other losses that might result from a work related injury or illness.
Revo Smith Law, L.L.C focuses exclusively on personal injury claims. We give you and your family the legal support you need to secure full compensation for injuries you sustained on the job.
Injured workers can pursue a third party claim, and bring an action against a third party when their negligence caused the injury. In the case of a workplace injury, the negligent third party could be a vehicle or equipment manufacturer, a vendor, a contractor or subcontractor.
Our firm evaluates your case to accurately advise you of your options in addition to workers’ compensation benefits. We consider whether third parties also bear responsibility for catastrophic injuries — such as burns and amputations — or your loved one’s fatality, including these common scenarios:
Premises liability — Owners have a duty to maintain their premises in good condition and warn you about potential dangers. You may have a cause of action against the property owner if you sustained injuries from a fall while performing your construction job.
Product liability — You use a variety of dangerous equipment every day on your worksite. Even if you follow safety procedures, defective tools and heavy machinery put your health and life at risk. Manufacturers that produced the defective equipment are liable for your injuries.
Automobile accidents — Road crew are in constant jeopardy of getting hit by a reckless, distracted, drunk or speeding driver. You can file a claim with the driver’s or your own auto insurance company to recover damages for such motor vehicle accident injuries as severe head trauma and spinal cord damage.
Fatal four construction job accidents
The Occupational Safety & Health Administration (OSHA) gathers data on workplace injuries and deaths in the United States. OSHA refers to the top deadly accidents in the construction trades as the “fatal four.” These preventable fatal four were responsible for 56 percent of the 738 construction job fatalities in 2011:
- Falls fatally injured 259 construction trade workers
- Being struck by objects resulted in 73 fatalities
- Electrocutions caused 69 deaths
- Getting caught in or in between objects killed 18 workers