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New Mexico · Work site injury: what can I do?

Work site injury: what can I do?

See If You Qualify

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Filing deadline3 years (civil lawsuit); report to workers' comp within 15 daysNew Mexico Pure Comparative Fault Act, N.M. Stat. Ann. § 41-3A-1

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in New Mexico?

New Mexico: 3 years from injury for civil lawsuits; workers' comp employer notice within 15 days; formal claim within 1 year A lawyer can confirm yours.

3 years (civil lawsuit); report to workers' comp within 15 days

Source: New Mexico Pure Comparative Fault Act, N.M. Stat. Ann. § 41-3A-1

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

New Mexico construction workers have 3 years to file civil lawsuits — New Mexico applies pure comparative fault and federal OSHA governs; Albuquerque and Santa Fe construction activity drives the primary market

New Mexico applies pure comparative fault (N.M. Stat. Ann. § 41-3A-1). Federal OSHA governs New Mexico construction. Albuquerque and Santa Fe are the primary construction markets, with significant commercial and residential construction growth. New Mexico's construction industry includes a high proportion of undocumented workers — an important consideration for attorneys advising injured workers on their civil lawsuit rights regardless of immigration status. New Mexico District Courts handle civil construction accident claims.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for New Mexico.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in New Mexico? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. New Mexico Pure Comparative Fault Act, N.M. Stat. Ann. § 41-3A-1