Roswell Workers Comp Lawyer

Helping injured clients in Roswell, NM pursue full recovery in workers’ compensation matters.

If you have been hurt on the job in or around Roswell, New Mexico, you may be entitled to medical benefits and wage replacement through the state’s workers’ compensation system. But getting those benefits is not always straightforward. Employers and their insurers routinely delay, undervalue, or outright deny legitimate claims, and injured workers often face pressure to return to work before they have healed. Davie & Valdez P.C. brings more than 20 years of experience to Roswell, NM workers’ comp lawyer cases and represents injured workers across southeastern New Mexico on a contingency-fee basis. Schedule a free consultation to discuss your claim.

Workers’ Comp Lawyer Roswell, NM

Workers’ compensation in New Mexico is a no-fault insurance system. It exists to provide medical care and partial wage replacement to workers who are injured on the job or who develop occupational illnesses, regardless of who was at fault for the incident. In exchange, employers generally receive protection from personal injury lawsuits brought by their employees.

Insurers often dispute whether an injury is work-related. Employers classify workers as independent contractors to avoid coverage obligations. Medical treatment gets delayed while adjusters request additional documentation. An experienced workers’ compensation attorney understands how to push back against these tactics and protect the rights of the injured worker throughout the process.

Types of Workers’ Compensation Cases We Handle in Roswell

Davie & Valdez P.C. handles the full range of workers’ compensation claims in the Roswell area, including those involving the oil and gas, construction, agriculture, healthcare, and transportation industries that drive the region’s economy. Below are the types of cases our firm represents.

  • Oil field accidents. Roswell and southeastern New Mexico are home to active drilling and production operations. Workers on rigs, well pads, and pipeline sites face risks from heavy equipment, chemical exposure, fires, and struck-by incidents that can result in catastrophic injuries.
  • Construction injuries. Falls, scaffolding collapses, electrocutions, and caught-between accidents are common on construction sites. Workers injured in these incidents are typically entitled to workers’ compensation, and in some cases, may also have a third-party claim against a general contractor or equipment owner.
  • Brain injuries. Traumatic brain injuries caused by falls, struck-by incidents, or vehicle accidents at work can produce long-term cognitive and physical impairment. These claims often require extensive medical evidence and extended benefit periods.
  • Back and spinal cord injuries. Lifting, repetitive motion, and sudden impacts can cause herniated discs, fractures, and spinal cord damage. These injuries frequently require surgery and lengthy rehabilitation, and they often prevent a full return to the same type of work.
  • Chemical exposure. Workers in oil fields, manufacturing plants, and agricultural operations may develop respiratory conditions, skin disorders, or neurological symptoms from prolonged contact with hazardous substances. Occupational disease claims follow their own set of rules within the workers’ compensation system.
  • Pipeline worker injuries. Trench collapses, welding burns, and high-pressure equipment failures injure pipeline workers throughout the Permian Basin region. These cases can involve overlapping workers’ comp and third-party negligence claims.
  • Repetitive stress injuries. Carpal tunnel syndrome, tendonitis, and other cumulative trauma conditions develop over months or years of performing the same physical tasks. Employers frequently challenge whether these conditions are truly work-related.
  • Vehicle accidents during work. Workers who drive as part of their job, whether hauling equipment, transporting materials, or commuting between worksites, may be covered under workers’ compensation if they are injured in a motor vehicle accident while performing job duties.

Why Choose Davie & Valdez P.C. as My Workers’ Comp Lawyer in Roswell, NM?

Decades of Experience Representing Injured Workers

Roger C. Davie founded the firm and has been practicing law since 1985. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, a distinction held by a small percentage of Texas attorneys. Roger Davie is licensed in both Texas and New Mexico, has been selected to the Super Lawyers list from 2013 through 2025, and carries a Preeminent 5.0 rating from Martindale-Hubbell.

John P. Valdez is a partner at the firm and represents employees in wrongful termination and serious work injury cases across Texas and New Mexico. He is Board Certified in Employment and Labor Law in New Mexico and has been named a Texas Super Lawyer by Super Lawyers Magazine in multiple years. John Valdez is fluent in Spanish and provides bilingual legal services to working families in the region.

The firm has helped clients recover millions of dollars in workers’ compensation benefits and related claims. As a work injury lawyer in Roswell, NM, Davie & Valdez P.C. takes cases on a contingency basis. You do not pay attorney fees unless the firm recovers compensation on your behalf.

What Is Important to Understand About a Workers’ Compensation Case?

Benefits Available in New Mexico Workers’ Compensation Cases

New Mexico’s Workers’ Compensation Act provides several categories of benefits to workers who suffer job-related injuries or illnesses. The specific benefits available depend on the nature and severity of the injury.

  • Medical benefits cover all reasonable and necessary treatment related to the work injury, including emergency care, surgery, physical therapy, prescription medications, and ongoing follow-up visits
  • Temporary total disability benefits provide partial wage replacement when a worker is completely unable to work during recovery
  • Temporary partial disability benefits apply when a worker returns to work at reduced hours or in a lower-paying capacity while still recovering
  • Permanent partial disability benefits are available when a worker reaches maximum medical improvement but retains a lasting impairment
  • Permanent total disability benefits may apply in cases where the injury prevents the worker from returning to any form of gainful employment

Benefits under New Mexico’s workers’ compensation system are calculated based on the worker’s average weekly wage. The state sets maximum and minimum benefit rates that are adjusted periodically by the Workers’ Compensation Administration.

What Are Important Aspects of a Workers’ Compensation Case?

Several factors can affect whether a claim succeeds and what level of benefits a worker ultimately receives. Understanding these issues early gives your attorney a better foundation for building the case.

  • Whether the employer carries workers’ compensation insurance or operates as a non-subscriber, which changes the legal framework entirely
  • Whether the injury was reported to the employer within the required timeframe under New Mexico law
  • The adequacy and accuracy of the medical documentation connecting the injury to the workplace incident
  • Whether the insurer has accepted or denied the claim, and if denied, the stated basis for that denial
  • Whether a third-party negligence claim exists alongside the workers’ compensation case, such as against an equipment manufacturer or a subcontractor on a multi-employer worksite

What Is the Workers’ Compensation Case Timeline?

Workers’ compensation claims in New Mexico follow an administrative process rather than a traditional court proceeding. The timeline varies depending on the complexity of the injury and whether the claim is disputed.

  • The worker notifies the employer in writing within 15 days of knowing the injury is work-related, or as soon as reasonably possible, but no later than 60 days after the accident
  • The employer reports the injury to its workers’ compensation insurer, which begins an investigation
  • The insurer either accepts or denies the claim; if accepted, benefits begin
  • If the claim is disputed, the worker files a complaint with the Workers’ Compensation Administration, and the case proceeds to mandatory mediation
  • If mediation does not resolve the dispute, the case is heard by a workers’ compensation judge at an administrative hearing
  • The worker reaches maximum medical improvement, and any permanent impairment is rated for purposes of calculating long-term disability benefits

Under NMSA § 52-1-31, a worker must file a claim for compensation within one year after the employer or insurer fails or refuses to pay benefits. If the worker remains employed with the same employer, that period may be extended by an additional year.

What Should You Bring to Your Workers’ Comp Consultation?

Collecting documentation before your appointment allows your attorney to evaluate the claim more efficiently. Consider bringing:

  • A written description of how the injury occurred, including the date, time, and location
  • Medical records, imaging results, and bills related to the treatment you have received
  • Any written communication from your employer or their insurance company about your claim
  • Pay stubs or wage records from before the injury
  • Names and contact information for coworkers who witnessed the accident

Your consultation with Davie & Valdez P.C. is free and confidential. We will review the facts, explain the legal options available under New Mexico’s workers’ compensation laws, and provide a candid assessment of your case.

What Are Important New Mexico Legal Resources for Workers’ Compensation Cases?

New Mexico provides several public resources for workers navigating the workers’ comp system. The following agencies and publications can help injured workers understand the process.

Davie & Valdez P.C. does not endorse the services of any external agency or organization listed above.

Reach Out to Davie & Valdez P.C. to Schedule a Consultation

If you have been injured at work in Roswell or anywhere in southeastern New Mexico, Davie & Valdez P.C. can evaluate your workers’ compensation claim. We handle these cases on a contingency-fee basis, so there are no upfront costs and no attorney fees unless we recover benefits on your behalf. Contact us to schedule a free, confidential case review with a Roswell, NM workers’ comp attorney.

Scroll to Top