Best Workers Compensation Lawyers in New Mexico

About Workers Compensation Law in New Mexico, United States

Workers Compensation is a system designed to provide benefits to employees who are injured or become ill due to their job. In New Mexico, this program is established under state law to ensure that workers receive medical care and wage replacement without having to prove that their employer was at fault. Employers in New Mexico are required by law to carry workers compensation insurance, which covers most workplace injuries and occupational diseases. The system is intended to support both employees and employers by providing a streamlined process for handling work-related injuries and disputes.

Why You May Need a Lawyer

Although New Mexico’s Workers Compensation process is meant to be straightforward and accessible, there are instances where hiring a lawyer can be crucial. Some common situations where people may require legal assistance include:

• Claim denial - If your claim for benefits is denied or disputed by your employer or insurer.
• Insufficient benefits - When you feel the medical care, wage replacement, or other benefits are inadequate or have been improperly calculated.
• Permanent impairment - If your injury results in permanent disability and you are unsure how your long-term benefits should be determined.
• Retaliation - Situations where you face workplace retaliation for filing a workers compensation claim.
• Wrongful termination - If you believe you were fired because of your injury or claim.
• Third-party claims - When someone other than your employer may be responsible for your injury, such as equipment manufacturers or contractors.
• Complex medical conditions - Injuries or illnesses that involve disputed medical evidence or multiple sources of injury.

Local Laws Overview

Workers Compensation in New Mexico is governed primarily by the Workers’ Compensation Act. Key aspects of local laws include:

• Covers Most Employees: Almost all employers with three or more employees are required to carry workers compensation insurance. Coverage begins on the first day of employment.
• Benefits Provided: Medical benefits, temporary and permanent disability benefits, and death benefits are available to eligible workers or their families.
• Exclusive Remedy: Workers compensation is generally the exclusive remedy for workplace injuries, meaning employees cannot typically sue their employer for injuries covered by the Act.
• Reporting Injuries: Employees must notify their employer within 15 days of knowledge of the injury. Failure to do so may affect eligibility for benefits.
• Dispute Resolution: The New Mexico Workers’ Compensation Administration oversees dispute resolution and may hold hearings or mediation if disputes arise.
• Choice of Physician: Employers have the right to select the initial treating physician. After 60 days, employees may select a different physician with prior notice to the employer.
• No Coverage for Intoxication or Willful Misconduct: Benefits may be denied if the injury resulted from the worker’s intoxication or willful misconduct.

Frequently Asked Questions

What should I do immediately after a workplace injury?

Seek medical attention right away and notify your employer of your injury as soon as possible, preferably in writing. This notification should be made within 15 days of the incident to preserve your rights to benefits.

Who is covered by Workers Compensation in New Mexico?

Most employees are covered by workers compensation laws in New Mexico. Some exceptions include certain domestic workers, federal employees, and some agricultural workers.

What benefits can I receive under Workers Compensation?

You may be eligible for medical expenses, partial wage replacement for time missed from work, permanent disability payments, and death benefits for families of workers killed on the job.

How are wage replacement benefits calculated?

Temporary disability benefits are typically calculated as two-thirds of your average weekly wage, up to a maximum set by state law. The amount may vary depending on your specific circumstances.

Can I choose my own doctor?

Your employer or their insurer can choose the initial treating doctor. After 60 days, you may change doctors, but must provide advance notice to your employer.

What if my claim is denied?

You can file a complaint with the New Mexico Workers’ Compensation Administration, which will begin a dispute resolution process including potential mediation or a formal hearing.

Can I be fired for filing a Workers Compensation claim?

It is illegal for an employer to fire or retaliate against an employee for filing a legitimate workers compensation claim.

How long do I have to file a Workers Compensation claim?

You have 15 days from the date of injury or knowledge of the injury to notify your employer. Legal claims must generally be filed within one year, but prompt reporting is essential.

Do I need a lawyer to handle my claim?

While many claims can be resolved without legal help, you may benefit from consulting a lawyer if your claim is denied, benefits are delayed or underpaid, or you face retaliation or termination.

What if someone other than my employer caused my injury?

You may have a potential third-party claim against another individual or company responsible for your injury, which can provide additional compensation beyond workers compensation benefits.

Additional Resources

For more information or assistance, consider reaching out to the following:

• New Mexico Workers’ Compensation Administration - The primary agency overseeing claims, benefits, and dispute resolution.
• State Bar of New Mexico - Offers lawyer referral services and information about attorneys specializing in workers compensation law.
• New Mexico Legal Aid - Provides free or low-cost legal assistance to qualifying individuals.
• Occupational Safety and Health Bureau (OSHB) - For workplace safety and prevention information.

Next Steps

If you need legal assistance with a workers compensation issue in New Mexico:

• Document your injury, medical treatments, and communications with your employer.
• Notify your employer of your injury within 15 days of occurrence or knowledge.
• Consult the New Mexico Workers’ Compensation Administration for guidance.
• If your claim is denied or you encounter problems, seek a qualified workers compensation attorney who can review your case and help you navigate the process.
• Prepare any supporting documents or evidence, such as medical records and wage statements, to facilitate your claim or case review.