New Mexico Workplace Accident Lawyer

Have you or a loved one been injured in a New Mexico workplace accident? If so, call Will Ferguson & Associates to discuss your accident to see if you have legal rights to compensation. 

Every year, tens of thousands of accidents take place in businesses across the United States. If you have the unfortunate experience of being involved in an accident while at work, you may have legal options that can help you move forward.

In New Mexico, workers who are injured on the job may be entitled to seek compensation from the responsible party. Depending on the circumstances surrounding your accident, you may be entitled to financial compensation, workers’ compensation benefits, and more. We highly recommend you reach out to a knowledgeable personal injury lawyer as soon as possible to explore the options available to you.

At Will Ferguson & Associates, we take great pride in protecting injured workers and providing them an opportunity to recover the benefits to which they are truly entitled. Our team will handle your care with compassion and deep consideration when it comes to helping you achieve a favorable outcome. If you have suffered injuries as a result of a workplace accident, contact our New Mexico workplace accident lawyer today to schedule a free consultation to discuss your case.

How Common Are Workplace Accidents?

In 2021, more than 5,190 people died due to workplace accidents in the United States. This number increased by 8.9% from 2020. The overall fatal work injury rate is 3.6 fatalities reported per 100,000 full-time workers.

Here in New Mexico, the Occupational Safety and Health Administration compiled a list of some of the most common types of workplace accidents reported in 2021. These statistics found that the most dangerous industries in the state of New Mexico are agriculture, forestry, fishing, and hunting, where the total injury incident rate per 200,000 working hours was 13.4. The total number of injuries reported for the year 2021 was 66. Other dangerous industries include:

• Art, Recreation, and Entertainment: 6.9 injury incidents reported per 200,000 working hours.
  • Total reports in 2021: 22
• Transportation and Warehousing: 5.9 injuries reported per 200,000 working hours
  • Total reports in 2021: 680
• Wholesale Trades: 4.4 injuries reported per 200,000 working hours
  • Total reports in 2021: 240
• Public Administration: 5.1 injuries reported per 200,000 working hours
  • Total reports in 2021: 238
• Retail Trade: 4.5 injuries reported per 200,000 working hours
  • Total reports in 2021: 1,308
• Health Care and Social Assistance: 4.2 injuries reported per 200,000 working hours
  • Total reports in 2021: 871
• Utilities: 3.8 injuries reported per 200,000 working hours
  • Total reports in 2021: 99
• Accommodations and Food Services: 2.9 injuries reported per 200,000 working hours
  • Total reports in 2021: 88
• Administrative and Support: 2.7 injuries reported per 200,000 working hours
• Waste Management & Remediation: 2.7 injuries reported per 200,000 working hours
  • Total reports in 2021: 129 (combined with administrative)
• Scientific, Technical, and Professional Services: 2.6 injuries reported per 200,000 working hours
  • Total reports in 2021: 13
• Construction Industry: 2.6 injuries reported per 200,000 working hours
  • Total reports in 2021: 289
• Mining Industry: 2.1 injuries reported per 200,000 working hours
  • Total reports in 2021: 35
• Manufacturing Industry: 2.1 injuries reported per 200,000 working hours
  • Total reports in 2021: 304
• Educational Services: 1.5 injuries reported per 200,000 working hours
  • Total reports in 2021: 75
• Finance and Insurance Industry: 1.2 injuries reported per 200,000 working hours
  • Total reports in 2021: 4
• Management of Enterprises and Companies: 0.2 injuries reported per 200,000 working hours
  • Total reports in 2021: 1
• Real Estate Leasing & Rentals: 0.2 injuries reported per 200,000 working
  • Total injuries in 2021: 13

As you can see, no matter what industry you work in, there is always a chance that you may suffer an injury as a result of an accident. If another party’s negligence caused or contributed to the accident, you should seek legal advise as soon as possible. Depending on the circumstances surrounding the accident, you may be able to recover workers’ compensation benefits. It is important that you seek the assistance of a team of skilled New Mexico workplace accident attorneys to see if a workers’ compensation claim can help you move forward.

Why Do You Need a Workplace Accident Attorney?

You may be able to file a legal claim if you have been involved in an accident while on the job. If you suffered serious injuries, you should seek the assistance of workplace accident lawyers in New Mexico to explore the legal options that may be available to help you move forward.  Having a strong personal injury lawyer on your side will help ensure that you get the best possible outcome for your situation. Some of the ways you will benefit include:

• Knowledge of the law: An attorney who is well-versed in handling workers’ compensation claims for injured employees can provide you with invaluable insight about your specific case. Your attorney will be able to use their knowledge and understanding of our state’s laws in order to negotiate a more favorable settlement amount for your work injury claim.
• Understanding the value of your case: If you attempt to settle your work accident claim on your own, your employer will likely try to minimize the amount of compensation and benefits you receive. If you don’t know any better, you may accept their offer without understanding that you actually have the ability to negotiate. Work accident lawyers in New Mexico  use their extensive knowledge and experience to determine how much compensation your claim may be worth. They will demand full compensation and benefits for your workplace accident claim to ensure you are in the best position to move forward after being hurt.
• Helping with your injuries: If you suffer a serious injury while at work, there is a good chance that you will require extensive medical care. Depending on the type and severity of injuries, there is a chance that you may be left permanently disabled. Your attorney will be able to demand full compensation and benefits for you to ensure you have the money that you need to cover your medical bills, both immediately and in the future.
• Handling cases involving pre-existing medical conditions: If you suffered from any type of pre-existing condition, your employer may use this against you. They will do anything they can to minimize the amount of money you receive by claiming that you were not injured at work. The truth is that pre-existing conditions do not prevent you from seeking recourse for an injury that happened while on the job. Your attorney will be able to demonstrate with clear and convincing evidence that your injuries were caused by or exacerbated due to the accident or dangerous condition that you experienced.
• Helping with a third-party claim: If you were injured in an accident at work, you may be able to file a claim for workers’ compensation benefits. In addition, you may also have grounds for filing a personal injury claim, which could result in greater financial compensation. An attorney will review the circumstances surrounding your accident and determine if you can sue a non-employer for the damages that you suffered. In New Mexico, you have the legal right to file both types of claims, depending on the circumstances. An attorney will be able to determine if taking action by filing a third-party claim is appropriate for your case.

Without a doubt, our New Mexico workplace accident attorneys at Will Ferguson & Associates will fight to achieve the best possible outcome for your workplace accident case.

Understanding Workers’ Compensation

In New Mexico, workers’ compensation laws are in place to protect employees who have been hurt in accidents while on the job. Companies across the state are required to maintain a workers’ compensation insurance policy if they have three or more employees. Under New Mexico law, employees can be defined as any of the following:

• Any owner who actively works at their business
• Any part-time or seasonal employees within the agricultural industry
• Any person who works for the business, whether family members or not, including part-time, full-time, temporary, or seasonal
• Anyone who volunteers at religious organizations, charities, or nonprofit organizations

There are some exceptions to who workers’ compensation benefits cover. in general, companies are not required to have workers’ compensation coverage for the following:

• Any real estate salespeople
• Any independent contract workers
• Any federal employee subject to the Federal Employees Compensation Act or other applicable federal programs
• Any sole proprietor or executive employee who has a financial interest

The Workers Compensation Administration in New Mexico works to provide access to benefits at a fair cost to employers. Their ultimate goal is to balance the best interests of both employees and employers across the state. When employees suffer workplace injuries, it is important to know the workers’ compensation benefits that they may be entitled to.

Compensation Available in a Workplace Injury Lawsuit in New Mexico

In New Mexico, injured workers are entitled to receive workers’ compensation benefits so long as they suffered workplace injuries in an accident while on the job. This type of coverage provides various benefits to workers to ensure they can get the care they need and receive financial compensation as they recover from their injuries. Some of the benefits that workers’ compensation insurance provides for injured workers in New Mexico include:

• Temporary (TTD) or Permanent (PTD) Total Disability Benefits equal to:
  • The maximum compensation possible for lost wages that you have suffered (up to 66 2/3 of your weekly wages)
  • A minimum of $36 weekly if the actual wages that you earn are less.
  • Maximum weekly payment in the amount of up to 100% of the NM state’s average weekly wage rate ($669.21)

TTD benefits are awarded to victims for as long as their disability lasts. On the other hand, PTD benefits can be received for a lifetime.

Permanent (PPD) Partial Disability Benefits: These benefits provide the same amount of compensation as listed above. However, the maximum length that people can receive payments for is 500 weeks if the disability that they have suffered from is less than 80% disabling. If the injury is more than 80% disabling, they can receive payments for up to 700 weeks. If the injury is a mental impairment, injured workers can receive payments for up to 100 weeks. Overall, the maximum payment that a person who receives PPD benefits can recover is equal to $468,447.

In addition to compensation for lost wages, injured workers are able to get care for the personal injury they suffered. This includes all medical care coverage, travel costs to go to and from appointments and various other benefits related to taking care of the injuries.

If a worker passes away as a result of their injuries, their dependents can still recover indemnity benefits. If your loved one died from a workplace injury, we strongly suggest you seek the guidance of a New Mexico workers’ compensation lawyer as soon as possible to discuss the options that are available to help your family during this incredibly difficult time.

Steps to Take After a Workplace Accident in New Mexico

In New Mexico, there are various steps that you need to take after suffering workplace injuries. These steps include:

• Report the accident or injury: It is critically important that you notify your employer of the accident within 15 days. In New Mexico, you are required to complete a Notice of Accident Form and file a copy of the form with your employer. You should always do this as soon as possible after the accident.  Remember to keep a copy for your own records.
• Seek medical care: You must seek medical attention as soon as possible for your injuries or illness that you have suffered. This often  includes emergency medical services. For non-emergency situations, such as care for a repetitive motion injury, you must seek medical care only from an authorized healthcare provider on the approved list provided by your employer.
• Follow your care provider’s treatment plan: It is important that you follow through with all of the doctor’s treatment plans, take all of the medication that you are prescribed, and keep a thorough record and documentation of all of your injuries and medical care.
• Notify your employer: As soon as you are medically released by your doctor to return to work, you must notify your employer immediately. 
• Cooperate with your employer: Throughout the workers’ compensation insurance process, you must cooperate with your employer. You should answer any questions that you are asked by the insurance company and refrain from providing them with any more information than is necessary. 

Taking these steps after your accident while on the job or discovering an injury that you suffered due to a workplace accident can help to ensure you have the best chance of getting the compensation and benefits you deserve. 

Unfortunately, there are instances where insurance companies and employers will deny compensation and benefits that you should be legally entitled to. For this reason, it is crucial that you seek legal guidance from a personal injury attorney to ensure you are able to recover the maximum possible compensation and benefits following your accident.

Our personal injury attorneys at Will Ferguson & Associates can help you file your claim and take legal action against the responsible party.

Delgado Exception

When it comes to recovering compensation after being hurt in an accident on the job, it is important that you are familiar with the Delgado Exception. The 2001 case Delgado v. Phelps Dodge established a three-prong test that must be applied to all workers’ compensation claims filed in our state. This rule essentially redefined our state’s law on workers’ compensation exclusivity to include:

1. The injured worker was engaging in an intentional act or omission that was reasonably expected to cause harm and/or result in the injuries that the worker suffered
2. The worker knew or expected that the intentional act or omission committed would ultimately result in the injury that they suffered
3. The intentional act or omission was the proximate cause of the injured employee’s injuries

The basis of this exception is used by employers who argue against claims filed by injured employees for benefits. Given the fact that this is a common argument by employers, it is important that you have a skilled personal injury lawyer by your side who is familiar with New Mexico’s workers’ compensation law to present a strong argument on your behalf.

Claims Against Third Parties

If you have suffered catastrophic injuries in an accident on the job due to someone else’s negligence, you may be able to file a third-party lawsuit in addition to a claim for workers’ compensation benefits. In order to prevail on your personal injury claim, you must be able to prove that you have experienced a work-related accident, the accident caused injuries, and a third party involved in the accident owed you a duty of care that they breached. 

Our workers’ compensation lawyers at Will Ferguson and Associates can help to review the circumstances surrounding your accident and take legal action against all responsible parties.

Call Our New Mexico Workers’ Compensation Lawyers Now

Our New Mexico personal injury lawyers at Will Ferguson & Associates have decades of experience fighting to protect hard-working people across the state of New Mexico who have been harmed in accidents while on the job. Our team is committed to helping you recover compensation for all the damages you incurred. Contact our law firm today to schedule a free consultation to discuss your case. We are available 24/7 to answer your questions.