All Laws Decoded

Construction Site Injuries in New Mexico

Whether an injured construction worker in New Mexico can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.

Short answer: Under New Mexico's Workers' Compensation Act, which covers all employers licensed under the Construction Industries Licensing Act regardless of their number of employees, workers' compensation is the exclusive remedy against a complying employer and its insurer. NMSA 1978, §§ 52-1-6, 52-5-17

Construction site injuriesUnder New Mexico's Workers' Compensation Act, which covers all employers licensed under the Construction Industries Licensing Act regardless of their number of employees, workers' compensation is the exclusive remedy against a complying employer and its insurer. The Act expressly does not affect a worker's claim against anyone other than the employer, a co-employee (including supervisors) or the employer's insurer, so suits against third parties such as other contractors or equipment makers remain available, subject to the employer's subrogation right. No New Mexico scaffold-law statute was identified for this entry.
Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page.
Fault rule (comparative negligence)New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.
Re-verified 2026-10-27.
Deadline to sue for an injuryThree years for an action for an injury to the person.
Re-verified 2026-10-27.

More New Mexico personal injury & wrongful death

FAQ

Can you sue for a construction accident in New Mexico?
Under New Mexico's Workers' Compensation Act, which covers all employers licensed under the Construction Industries Licensing Act regardless of their number of employees, workers' compensation is the exclusive remedy against a complying employer and its insurer. The Act expressly does not affect a worker's claim against anyone other than the employer, a co-employee (including supervisors) or the employer's insurer, so suits against third parties such as other contractors or equipment makers remain available, subject to the employer's subrogation right. No New Mexico scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in New Mexico?
New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.
What is the statute of limitations for personal injury in New Mexico?
Three years for an action for an injury to the person.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.