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Workplace injuries are more common than most people think. If you’ve been injured on the job in New Mexico, understanding your rights and the process for securing compensation is crucial to protecting yourself and your future. Whether you’re dealing with a minor injury or something more severe, here are five essential things you should know about workplace injuries in New Mexico.
1. New Mexico’s Workers’ Compensation Law Covers Most Injuries
In New Mexico, most workplace injuries are covered by the state’s workers’ compensation system. Workers’ compensation provides compensation for medical expenses, lost wages, and rehabilitation for employees injured on the job. This system is designed to provide benefits regardless of who was at fault for the accident, making it a no-fault system.
It’s important to note that workers’ compensation doesn’t cover all injuries. For example, self-inflicted injuries or those caused by an employee’s intoxication may not be eligible for compensation. If you’re unsure whether your injury qualifies, speaking to a workers’ compensation lawyer in Albuquerque can help clarify your situation.
2. You Have the Right to Seek Medical Attention Immediately
If you’re injured at work, it’s vital to seek medical attention right away. New Mexico law requires that workers report their injuries to their employer as soon as possible. Failing to report an injury within 15 days could jeopardize your ability to receive compensation. After reporting the injury, you are entitled to choose your healthcare provider for treatment, although your employer may have a preferred list of approved medical providers.
Even if your injury seems minor, it’s a good idea to get checked out by a medical professional. Some injuries may worsen over time, and it’s essential to document the injury with a doctor’s report.
3. You Should File a Workers’ Compensation Claim
To receive workers’ compensation benefits, you must file a claim with your employer’s insurance company. Your employer should provide you with the necessary forms to complete and submit. In New Mexico, you have one year from the date of your injury to file a workers’ compensation claim. Missing this deadline can result in the loss of your ability to seek compensation for your injury.
Once your claim is filed, the insurance company will investigate the injury and determine whether or not it’s covered. If approved, you can begin receiving benefits. If denied, you have the right to appeal the decision. An experienced workers’ compensation attorney in Albuquerque can help guide you through the process and ensure that you follow all the proper steps.
4. You May Be Eligible for Additional Compensation
In some cases, you may be entitled to more than just workers’ compensation. If your injury was caused by a third party – such as a contractor or another company – you might be able to file a separate personal injury lawsuit against that third party. This can allow you to recover additional compensation for pain and suffering, emotional distress, and punitive damages, which aren’t typically covered by workers’ compensation.
Additionally, if your injury causes permanent disability or affects your ability to work, you might be eligible for permanent disability benefits through workers’ compensation. These benefits can provide financial support if you’re unable to return to work due to your injury.
5. You Have Legal Rights and Protection Against Retaliation
New Mexico law protects workers from retaliation if they file a workers’ compensation claim. Your employer cannot legally fire, demote, or otherwise discriminate against you for filing a claim. If you face retaliation, you may have the right to file a complaint with the New Mexico Workers’ Compensation Administration or pursue legal action.
It’s essential to understand that you have the right to compensation and protection if you’re injured while performing your job duties. If you suspect retaliation or unfair treatment related to your injury, contact a workers’ compensation lawyer in Albuquerque to explore your legal options.
Bonus Tip: Document Everything
When you’re dealing with a workplace injury, documentation is critical. Keep a record of:
- The injury itself (what happened, when, and how)
- Medical reports and doctor’s visits
- Any communication with your employer regarding the injury
- Any workers’ compensation forms you file or receive
This documentation will be valuable if you need to appeal a denied claim or pursue further legal action
Workplace injuries in New Mexico can happen at any time. Understanding your rights and what steps to take when you’re injured is crucial to securing the compensation and benefits you deserve. Whether you need help with your workers’ compensation claim, dealing with a third-party lawsuit, or seeking protection from retaliation, our team at Amador Law Firm is here to help.
If you’ve been injured on the job and need expert legal advice, don’t hesitate to contact us for a consultation. Let us guide you through the process and ensure your rights are protected.