Workplace Injuries in New Mexico: Your Legal Rights and Remedies
Most employees throughout the country spend most of their waking hours at work. Every worker has a right to expect that their workplace will be kept in safe, reasonable condition and that they will be provided the tools and training they need to accomplish their jobs safely and with as little risk to their health as possible.
If you do suffer an injury on the job in New Mexico, you can file a claim for workers’ compensation benefits to help pay for your medical care and lost wages. Unfortunately, it’s not always easy for workers to collect the recompense they need, particularly given the fact that insurers benefit from refusing employees’ claims, even when they have a right to compensation.
Workplace Injuries in New Mexico
Most people think of physical work-related injuries when considering what qualifies for workers’ compensation, such as accidental electrocution, burns from machinery, falls from ladders or other elevated platforms, heavy lifting injuries, and more.
However, workers’ compensation in the state of New Mexico extends beyond accidents that occur on construction sites or while performing similar types of physical labor. Any of the following injuries sustained on the job or as a direct result of employment might be grounds for a workers’ compensation claim:
- Injuries caused by repeated motion or tension, such as carpal tunnel syndrome
- Stress-related trauma and mental health issues from the workplace, including post-traumatic stress disorder (PTSD), depression, insomnia, and persistent anxiety
- Complications to an existing injury
- Chemical-related burns and illness
- Injuries to the eyes and ears sustained over the course of several months or years on the job
A person who sustains injuries on the job in New Mexico often cannot file a lawsuit against their employer. With that said, if a worker suffers a personal injury due to the actions of a non-employer (“third-party”) or if the worker is subjected to sexual harassment, discrimination, or retaliation because of the worker’s gender, race, sexual orientation, or other protected identity, the employee may have additional legal recourse.
Workers’ Compensation Eligibility
Workers’ compensation benefits are available to almost everyone working, with the exception of some domestic workers and independent contractors. You may ask your employer if you have questions about whether or not you are eligible for compensation, but it is also a good idea to speak with a New Mexico workers’ compensation attorney to ensure your company has correctly classified the nature of your employment.
If you work in Idaho and are not exempt and are hurt on the job, you may be able to claim workers’ compensation payments. When determining whether or not you are eligible, remember that the date of your injury is more relevant than its location. After all, several employees may not have regular office hours or are asked to travel for their jobs. Thus, you could still be covered if you get hurt while doing work-related tasks at a location other than your regular office.
Filing For Workers’ Compensation in New Mexico
Over the last five years, injuries have risen in certain sectors across our state, but injuries sustained during work are mostly sprains and strains. That said, the likelihood that you may need to take a sizable leave of absence from work or face other job-related restrictions increases with age. First and foremost, you should notify your employer immediately if you’ve suffered injuries on the job. Employers must provide the necessary paperwork to make a workers’ compensation claim and fill out an incident report detailing the circumstances surrounding your injuries as state law requires.
If your employer tries to stop you from filing a claim or retaliates in any way because you asked to submit a claim in good faith, you may have grounds for an employment discrimination claim. Unfortunately, some companies will try to prevent injured employees from submitting workers’ compensation claims because they fear their insurance rates will increase. Some employers even resort to more extreme measures, such as wrongful termination, as revenge. If you suspect retaliation at your workplace, speak to an attorney immediately.
Filing a Workers’ Compensation Claim in New Mexico
When claiming workers’ compensation in New Mexico, you must see a medical provider. Your treating physician will decide on your medical needs, return-to-work date, and whether you are permanently disabled when you submit a workers’ compensation claim due to an illness or injury sustained at work.
That said, in the event that you and your employer’s insurance provider cannot agree on any of these matters, you could be required to have a second, theoretically unbiased physician evaluate you medically. The results of these tests, known in most states as independent medical examinations or IMEs, have a large impact on your workers’ compensation claim and the amount of payments you’ll get. Therefore, it’s critical to understand how they operate and how to refute an IME report that casts doubt on your benefits claim.
New Mexico Workers’ Compensation and Pay
Payments for temporary complete disability, permanent entire disability, permanent partial disability, and death and dependency payments are all included in New Mexico’s workers’ compensation system. A breakdown of these differences by category is shown below: The maximum weekly payment is 100% of the average weekly wage in New Mexico, or $669.21; the minimum payment is $36 or the worker’s actual wage, if less; the maximum number of payments is only restricted to the duration of the disability.
Compensation is about 67% percent of the wage of the injured New Mexico worker. Of course, exceptions exist, and certain claimants may be eligible for payments above the standard minimums. Victims who want the best chance of securing the highest possible award should retain legal representation. While workers’ compensation may cover all of your medical bills, whatever compensation you receive for lost wages will likely fall well short of what you lost due to your accident. In a third-party personal injury claim, you can seek compensation for your pain and suffering and any remaining lost wages.
Call a Personal Injury Attorney in Albuquerque
Victims of any kind of personal harm face a complex web of difficulties and life-altering repercussions. Fortunately, New Mexico law provides certain avenues for redress in cases when someone else’s carelessness directly resulted in injuries or other losses. No matter what kind of accident you’ve been through, the New Mexico personal injury lawyers at Will Ferguson & Associates will do everything it takes to get you the justice and compensation you deserve.
You can start on your path to a relatively stress-free, easy recovery by contacting (505) 243-5566 to talk about your case and go through the losses you’ve incurred. If our investigation determines that you and your loved ones have a valid claim for compensation, we will manage every step of the claims process for you. If you’ve been hurt and need legal representation, don’t hesitate to call our Albuquerque personal injury lawyers and set up a no-risk first appointment.
