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. In 2021 alone, more than 5,190 people lost their lives as a result of injuries they suffered while on the job. 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.
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:
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.
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:
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:
There are some exceptions to who workers’ compensation benefits cover. in general, companies are not required to have workers’ compensation coverage for the following:
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.
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:
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 dependants 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.
In New Mexico, there are various steps that you need to take after suffering workplace injuries. These steps include:
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.
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:
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 topresent a strong argument on your behalf.
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.
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 at (505) 243-5566 to schedule a free consultation to discuss your case. We are available 24/7 to answer your questions.
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