New Mexico Industrial Accident Attorneys

Helping Industrial Workers Find Justice After Catastrophic Accidents

Each year millions of Americans fall victim to industrial hazards, commercial negligence, and corporate wrongdoing that result in debilitating or even life-threatening injuries. Unsafe workplaces cause over 900,000 injuries in an average year, and industrial workers are among the most likely to experience harmful accidents. Injuries caused by another can and should be compensated by the negligent party.

At McGinn Montoya Love Curry & Sievers PA, we are unafraid of facing large companies and litigating complex cases to help workers find justice. Industrial accidents cause life-changing injuries like burns, brain injury, and electrocution. In the worst cases, they can result in wrongful death. Our team is dedicated to challenging harmful practices and corporate negligence that puts workers in danger.

From our office in Albuquerque, McGinn Montoya Love Curry & Sievers PA serves workers across New Mexico after serious industrial accidents. Schedule a free consultation with our attorneys by calling (505) 405-4441.

Making an Industrial Accident Claim

Hazards in industrial workplaces range from heavy machinery to large shipping containers, vehicle traffic to dangerous chemicals. Equipment malfunctions on this scale can injure or kill multiple people.

Reach out to our attorneys if you were affected by a workplace catastrophe such as:

• Explosions or fires
• Mining accidents
• Factory equipment malfunction or failure

Our lawyers can help investigate the accident site to determine liability and coordinate with you as you seek care for your injuries.

Damages in Industrial Accident Claims

When filing a claim against the irresponsible party that caused the accident, we can help you identify all the damages related to your case. Some of your damages, like the medical bills you incurred for the treatment of your injuries, are easy to calculate. Others, like whether your earning capacity will be reduced in the future, are better figured with professional help.

We will help you understand your right to damages like:

• Past medical bills
• Cost of future medical care
• Rehabilitative therapies
• Lost wages
• Lost earning potential
• Disfigurement
• Disability
• The loss of household services you are no longer able to perform
• Pain and suffering

Having a financial safety net matters when you are seriously or catastrophically injured. We can help you maximize your claim.

When Is a Third Party Responsible?

A worker injured in an on-the-job accident can file for workers’ compensation, but in most cases, they cannot bring a case directly against their employer. However, if another party is liable, even in part, you may have cause for an injury claim.

In industrial accident cases, a third party is considered anyone aside from your employer or fellow workers. For instance, manufacturers of equipment and goods used in your job may ship faulty products or dangerous machinery. On sites with multiple contractors, a lack of coordination and shared practices can result in preventable accidents. Identifying evidence of another party’s wrongdoing is the first step toward holding them accountable.

How McGinn Montoya Love Curry & Sievers PA Has Helped New Mexico Workers

Our team has stepped in to take on high-profile New Mexico cases against those whose wrongdoing has led to serious injury or death in the workplace. After such catastrophes, we are proud to help families pursue justice.

Moore, Et Al. v. El Paso Natural Gas Co., Et Al., United States District Court for The District Of New Mexico, Cause No CIV 00-663.

Our clients were horribly injured in a gas plant explosion because the plant, the designers of the plant, and the manufacturer of a valve chose not to spend $100 on a safety device that would have prevented the backflow of gas during routine maintenance. All three men suffered widespread third-degree burns, dislocated and/or sprained limbs, had gravel embedded in their skin, and lost some of their hearing.

The cryogenics plant where the explosion occurred was a maze of pipes and equipment, so our challenge in this case was finding a way to describe this complicated operation to jurors who had never been in such a place. The schematics necessary to understanding how the explosion occurred were difficult to follow even with the help of an expert in gas plant operations. Our firm reduced the confusing schematics and photographs to visuals in a PowerPoint presentation that made the case much more understandable.

Delgado v. Phelps Dodge, 131 N.M. 272, 34 P.3d 1148 (2001).

Our client’s husband, Reynaldo “Junior” Delgado, was burned alive after he was ordered by his employer to drive a vehicle into a tunnel to remove a ladle that was overflowing with copper slag that was hotter than molten lava. The ladle, according to his employer, needed to be replaced with a new one to collect more slag. Junior did not know what his employer knew—that he was driving a flammable vehicle into a pool of molten copper and that his vehicle was certain to catch fire. The task was completely unnecessary. The ladle could have been removed safely and without risk to human life if the company had simply been willing to shut down production for a few hours so that the pools of molten copper could cool, eliminating the risk of fire.

This case changed the law in New Mexico after we took it all the way to the New Mexico Supreme Court. As a result, workers can now hold their employers responsible outside the workers’ compensation act when the employer intentionally, willfully, or with utter disregard for the consequences requires them to do something that is substantially certain to get them seriously injured or killed. As the supreme court said in its written decision, this change in the law will hopefully make dangerous workplaces safer by making employers responsible for their willful actions.