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 injuries | 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. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. Source: NMSA 1978, §§ 52-1-6, 52-5-17 |
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| 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. Source: NMSA 1978, § 41-3A-1 |
| Deadline to sue for an injury | Three years for an action for an injury to the person. Re-verified 2026-10-27. Source: NMSA 1978, § 37-1-8 |
More New Mexico personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Mexico
- Wrongful Death Lawsuits in New Mexico
- Medical Malpractice Rules in New Mexico
- Car Accident Claims in New Mexico
- Dog Bite Liability in New Mexico
- Slip, Trip and Fall Injuries in New Mexico
- Sidewalk and Public Property Falls in New Mexico
- Motorcycle Accident Claims in New Mexico
- Pedestrian Accident Claims in New Mexico
- Bicycle Accident Claims in New Mexico
- Uber and Lyft Accident Claims in New Mexico
- Truck Accident Claims in New Mexico
- All New Mexico personal injury & wrongful death rules
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.