New Mexico Workplace Injury Lawyer

Have you or a loved one been injured at work?

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Have you been injured while on the job?

We believe that every person has the right to work in a safe, healthy environment. The unfortunate reality, however, is that many people are injured on the job every year, including thousands of workers in New Mexico. If you or a loved one has been injured at work, you may be entitled to compensation for your injuries and suffering.

The workers compensation system in New Mexico can be complex to navigate, and without the help of a qualified attorney, you may not recover as much as you rightfully deserve. Our experienced team of workplace injury lawyers has helped many New Mexico employees obtain the compensation they deserve following a workplace injury. We hope you will allow us to help you as well.

Understanding Benefits

Filing a worker’s compensation claim after suffering a workplace injury can provide you with a variety of benefits designed to offset any costs incurred because of your injury. New Mexico Worker’s Compensation Insurance covers lost wages for any time spent out of work due to your injury and medical expenses (these can include hospital stays, surgeries, doctor’s visits, rehabilitation, etc.) Under New Mexico law, all medical expenses should be covered if you are unable to work for more than seven days due to your injury. If you are unable to return to work at all because of injuries sustained, you may be entitled to certain disability benefits, including Permanent Total Disability or Permanent Partial Disability and wage replacement.

It is always best to consult with an attorney prior to filing a Worker’s Compensation claim. It is important to understand that in New Mexico, the Worker’s Compensation laws are business-friendly rather than employee-friendly. As such, we have seen many scenarios where employers or insurance companies disagree with the employer about the circumstances of the workplace injury. This can lead to payment delays or denial of a claim. In many New Mexico workplace injury claims, the payout will not be sufficient to cover medical expenses. A qualified lawyer, however, will understand the intricacies of the New Mexico Worker’s Compensation system and will be able to fight for your right to get the compensation you are owed.

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Free Consultation. Pay Only If You Win.

If you or a loved one has a related case, please fill out the form below to schedule a call.

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John Black Partner, Attorney at Law
Black Law Group PLLC
Santa Fe, SM
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Understanding Worker’s Compensation Insurance

Here are just a few of the things that we can do for you:

When you suffer a workplace injury, you may feel helpless as you watch medical bills and physical therapy bills pile up. As you focus on your healing and recovery, you are often unable to work, and as such, must deal with being unable to pay the bills that just keep on coming. We understand the stress, anxiety, and fear that can take over at times like these.

We hope that you never need to rely on Worker’s Compensation benefits, but if you do ever find yourself in the position of requiring such benefits, it helps to understand a little bit about the Worker’s Compensation program and its intentions.

Worker’s Compensation Insurance is a program which provides benefits to employees following a work-related injury or illness. It not only provides employees with the compensation they need to heal, recover, and hopefully return to work in due time, but also protects employers in several important ways:

  • Worker’s Compensation covers expenses for employees after a workplace related injury or illness occurs. This means that employers do not have to pay out of pocket for medical expenses or lost wages resulting from the injury or illness in question.
  • Worker’s Compensation protects employers from lawsuits following a workplace injury or illness. In most cases, employees are unable to directly sue their employers after sustaining injuries or illnesses at work. There are a few exceptions to this rule, but generally Worker’s Compensation prevents injured employees from filing a lawsuit against their employers.
  • Worker’s Compensation ensures that businesses are compliant with state and federal regulations. In the United States, most businesses are required to carry Worker’s Compensation insurance. In New Mexico, any company with three or more full-time or part-time employees must have Worker’s Compensation insurance.

As you can see, while the Worker’s Compensation program is designed to ensure that employees injured on the job receive compensation for necessary expenses, it is also a complex system that serves businesses and employers as well. The Worker’s Compensation system is filled with intricacies which can make it difficult to understand and navigate at times. A qualified lawyer with strong experience advocating on behalf of Workplace Injury victims can help you maneuver the complexities of the system and ensure that the process goes as smoothly as possible.

Causes of Workplace Injuries

We believe that everyone should have a safe environment within which to conduct their work. In the United States, the Occupational Safety and Health Administration (OSHA) is responsible for regulating workplace safety and ensuring that working conditions are free from unnecessary hazards. OSHA conducts regular inspections and provides guidance on training and education to businesses and employees. Unfortunately, even with the safety measures put into place by OSHA, workplace injuries are still common. Some of the most common cases that we see involve:

  • Slip and Fall Accidents – These can occur in any workplace or building and can include slips or falls related to inclement weather conditions, wet surfaces, uneven surfaces, unsafe clutter littering floors, poor lighting, or slips or falls from heights including from a ladder, scaffolding, or platform.
  • Motor Vehicle Accidents – Car and truck accidents are common causes of workplace injuries. In fact, transportation-related injuries are some of the leading causes of Worker’s Compensation claims in New Mexico. Anyone who drives for work is at risk for encountering unsafe drivers, inclement weather, and other road hazards.
  • Overexertion – Many New Mexicans work in roles which expose them to overexertion injuries from pulling, pushing, carrying heavy loads, lifting, etc. Overexertion injuries can refer to the cumulative effect of a worker’s repeated overexertion efforts caused over time or can be the result of just one single incident of overexertion.
  • Being struck by objects – Falling objects, flying objects, and scattered debris have the potential to cause serious injuries and are a common cause of injuries sustained during work.
  • Exposure to hazardous chemicals, substances, or toxins – Many illnesses can be traced back to the harmful chemicals and toxins which inhabit some work environments.
  • Violence – Unfortunately, another leading cause of workplace injury is intentional violence inflicted upon an employee by another employee, employer, customer, client, etc.
New Mexico Workplace Injury Frequently Asked Questions (FAQ)
Are there situations in which I can sue my employer even if they do have Worker’s Compensation Insurance?
In New Mexico, it is incredibly rare for an employee to be able to sue an employer for a workplace injury. There are some exceptions, but again, they are few and far between. One exception occurs when a business or employer is in violation of the Worker’s Compensation Act. Usually this means that they have not maintained their Worker’s Compensation Insurance. In situations like these, employers have no protection under the law and employees can certainly sue them for injuries sustained on the job.

In New Mexico, you may also have grounds for a lawsuit following a workplace injury if you can prove third party liability. This means that you must be able to establish that another party besides your employer may be liable for your injuries. A third party may include another person or an equipment or automobile manufacturer.

Finally, you may sue your employer for a workplace injury in New Mexico in cases where the exceedingly rare Delgado standard applies. Under the Delgado Standard, you must be able to prove that your employer deliberately sent you into a situation knowing full-well that serious harm was likely.
What should I do if I am injured at work?
If you are injured while at work, the first thing you should do is seek prompt medical attention. Depending on the severity of your injury, you should also be sure to notify your supervisor and any other higher-ups at your earliest convenience. New Mexico requires that you notify your supervisor within fifteen days of the injury, so it is best not to delay this part of the process at all. Be sure to keep detailed notes of the event, take photographs of injuries, and keep all medical records and bills. These can serve as evidence down the road and will also help you to easily recall details when necessary.

Next, you should contact an attorney who has a demonstrated track record of advocating on behalf of workplace injury victims. They will be able to help you navigate the Worker’s Compensation system.
How long do I have to file my claim?
In New Mexico, you have one year from the date of the incident or accident to file a Worker’s Compensation claim.
Can I be fired for filing a Worker’s Compensation claim?
In the state of New Mexico, it is every employee’s right to obtain benefits related to workplace injuries. This means that you cannot be fired for filing a Worker’s Compensation claim. Unfortunately, many workers do find themselves in the unfortunate position of being terminated after initiating a Worker’s Compensation claim. If you suspect that you may have lost your job after simply trying to recover the benefits rightfully owed to you, consult a qualified attorney as soon as possible.
Are there ways to prevent workplace injuries?
Yes, there are several things that both employers and employees can and should do to prevent workplace injuries from occurring. Employees should always report any unsafe practices that occur within the workplace, be cognizant of their surroundings especially when operating machinery, use protective equipment when necessary, and comply with all training practices recommended by employers or state and federal governments.

Employers should conduct regular, mandatory training sessions, ensure that they have sufficient hired staff to complete required workloads, and encourage open communication between supervisors and their employees.

Allow Us to Handle the Legal Process While You Focus on Getting the Medical Care You Need

When you have been injured on the job, receiving prompt medical attention should be at the top of your priority list. Injuries and illnesses sustained at work can be debilitating and life changing. The true impact of an injury may not be evident for some time after the incident or accident occurs.

We frequently represent clients who have suffered serious bone fractures, breaks, and sprains following motor vehicle accidents or slip and fall accidents at work. These injuries usually require long recovery periods and, in some situations, leave victims suffering with pain and reduced function for years.

Another type of injury that we regularly see in our clients is chronic pain and soreness caused by overexertion. This type of injury may not present for some time following the incident(s) of overexertion.

Spinal cord and brain injuries are some of the most serious and devastating injuries that our clients have had to suffer through following a workplace accident including a motor vehicle accident or slip and fall accident. These injuries are life-changing and require long recovery periods and intense rehabilitation.

We have also fought on behalf of clients who have become ill with respiratory conditions after working in an environment with dangerous toxins or chemicals floating around in the air.

Important Industry Facts

You can fall victim to a workplace accident regardless of the environment or industry you work within. However, there are certain industries that have higher incidents of workplace injuries due to the nature of the work.

For example, the construction industry sees many incidents which may cause harm to employees. These injuries can be the result of slips or falls, falling or flying objects/debris, or equipment malfunctions/improper usage of heavy machinery.

Those employed within the transportation industry are also at increased risk than others for sustaining injuries during work. This is due, of course, to the inherent dangers of being on the road for many hours at a time.

Warehouse workers also have a higher likelihood of experiencing a work-related injury. These injuries are frequently related to overexertion from heavy lifting and often cause chronic pain in body parts like the back, neck, or knees.

Let Us Advocate for You

When you work with our Worker’s Compensation lawyers, you will be getting a team that fights tirelessly on behalf of our workplace injury clients. We are committed to transparency, integrity, and compassion and will remain your trusted advocates regardless of how long your claim takes to process. Our lawyers are experienced in understanding the important aspects of every case, gathering significant evidence to strengthen a case, and filing claims in an adequate and timely fashion. Most importantly, when you work with us, you get peace of mind knowing that your case is being handled in the best manner possible so that you can focus on your physical and emotional recovery.

John Black

Partner, Black Law Group

About John Black

John is a trial lawyer whose practice focuses on helping those that have been harmed by individuals and corporations. His practice includes nationwide representation of those gravely injured whether by toxic substances, pharmaceuticals, medical devices or the negligence of others. He has been recognized as a Super Lawyer for each of the past six years, and is experienced in catastrophic single-event cases and complex, multi-district litigation.

Law Firm Information
Firm: Black Law Group PLLC
Address: 505 Cerrillos Road
Suite A209
Santa Fe, NM 87501
Phone: 1.800.391.0227
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