Work Injury Lawyer New Mexico

Handling Work Injury Cases in New Mexico

Our skilled team of New Mexico work injury attorneys is dedicated to providing exceptional legal representation for individuals who have suffered workplace injuries. With a deep understanding of the complexities of work-related accidents and their legal implications, we are committed to helping injured workers navigate the legal process and secure the compensation they deserve.

Construction Accidents

Construction sites are rife with potential hazards, from heavy machinery to falls from heights. Our attorneys have a wealth of experience representing construction workers who have been injured due to crane accidents, scaffolding collapses, electrical incidents, and more. We strive to hold liable parties accountable and obtain rightful compensation for medical expenses, lost wages, and pain and suffering.

Industrial Accidents

Industrial workplaces expose employees to a range of risks, including chemical exposure, machinery malfunctions, and explosions. Our legal team understands the complexities of industrial accident cases and is dedicated to helping injured workers pursue claims against negligent employers or third parties responsible for the accidents.

Transportation and Driving Accidents

Workers who drive as part of their jobs, such as delivery drivers and commercial truck drivers, are susceptible to motor vehicle accidents. We handle cases involving collisions, rollovers, and other accidents that cause injuries to employees while on the road. Our attorneys work diligently to establish liability and secure compensation for accident-related expenses.

Healthcare Industry Injuries

Medical professionals, including nurses and aides, are exposed to unique workplace hazards. We represent healthcare workers who have suffered injuries due to patient handling accidents, exposure to infectious diseases, and workplace violence. Our team is dedicated to ensuring their rights are protected and they receive proper compensation.

Repetitive Strain Injuries (RSIs)

Many occupations require repetitive motions that can lead to RSIs like carpal tunnel syndrome, tendonitis, and bursitis. Our attorneys understand the impact of these injuries on workers’ lives and work diligently to demonstrate their work-related nature, securing compensation for medical treatment, therapy, and lost wages.

Oil and Gas Industry Accidents

The oil and gas industry presents its own set of risks, including explosions, fires, and chemical exposure. Our experienced attorneys have a deep knowledge of industry regulations and safety standards, allowing us to effectively advocate for injured workers and pursue compensation for their injuries and losses.

Occupational Illness Representation

Providing dedicated legal services to individuals who have contracted illnesses due to prolonged exposure to hazardous substances, including toxic chemicals and harmful materials, or as a result of working in unhealthy or unsanitary work environments. This encompasses a broad range of conditions, from respiratory illnesses to skin diseases, caused by unsafe workplace conditions.

Vehicle-Related Workplace Injury Claims

Specializing in the legal representation of employees who have sustained injuries from vehicle-related accidents while executing work-related duties. This includes a wide array of incidents, such as collisions and crashes during delivery tasks, transportation-related injuries, and accidents involving company vehicles or during business travel.

Workplace Fall and Slip Advocacy

Offering legal advocacy for workers who have been injured in slip and fall accidents on company premises. This service covers incidents resulting from employer negligence or unsafe working conditions, such as wet floors, poorly maintained facilities, or inadequate safety measures, leading to serious physical injuries.

Heavy Machinery Accident Legal Representation

Providing legal representation for individuals who have been injured by heavy machinery and equipment in the workplace. This includes accidents involving forklifts, cranes, industrial machinery, and other large equipment, often resulting from inadequate training, poor maintenance, or failure to adhere to safety protocols.

Workplace Violence and Assault Legal Assistance

Assisting victims of workplace violence or assault in seeking justice and compensation. This service encompasses cases of both physical and psychological harm inflicted by coworkers, supervisors, or third parties within the work environment, including instances of physical attacks, threats, harassment, and other forms of workplace aggression.

Electrocution and Electrical Injury Cases

Handling legal cases for workers who have suffered from electrocution or electrical injuries in the workplace. This includes incidents resulting from faulty wiring, defective or poorly maintained electrical equipment, and failure to comply with safety standards, leading to serious and potentially life-threatening injuries.

Burn Injury and Explosion Representation

Advocating for employees who have experienced severe burn injuries or been involved in explosions while at work. This covers a range of scenarios, including chemical burns, thermal burns from fires, and injuries resulting from industrial or workplace explosions, often due to negligent safety practices or improper handling of hazardous materials.

Impact Injuries

Accidents involving falling objects, collisions, and machinery malfunctions can result in impact injuries. These injuries can cause broken bones, bruises, concussions, and, in more severe cases, amputations.

Cuts and Lacerations

Work environments with sharp tools, machinery, or equipment pose a risk of cuts and lacerations. Workers in sectors like manufacturing, construction, and food service are particularly vulnerable. Adhering to safety guidelines can help mitigate these risks.

Exposure to Harmful Substances in Environments

People who work in loud environments or around hazardous chemicals are at risk for severe injuries to themselves if they are exposed without proper protection. This is why you need to ensure that you familiarize yourself with the chemical safety data sheets and wear the proper gear protection, safety goggles, gloves, and any other required PPE when exposed to harmful substances or loud noises.

Davie & Valdez, P.C., stands as a steadfast advocate for workers in New Mexico who have suffered injuries on the job. Our seasoned work injury attorneys are well-versed in handling a diverse range of cases, from construction and industrial accidents to transportation mishaps and healthcare-related injuries. If you’ve been injured in a workplace accident, our dedicated legal team is here to provide you with the guidance, support, and legal representation you need to secure the compensation you deserve. Your well-being is our priority.

Important Steps to Take After a Workplace Injury

As you might expect, these are injuries that, by and large, occur at the workplace while you’re working, while you are actually on the job. Physical injuries are obvious examples, and as you know some work environments are inherently more dangerous than others. 

A list of typical workplace injuries might look like this:

•   Trip, slip, and falling injuries
•   Being stuck by moving machinery or other objects
•   Accidents related to moving vehicles of one sort or another.
•   Explosions and fires
•   Injuries resulting from repetitive stress and overexertion

Experiencing a workplace injury can be overwhelming, but taking the right steps immediately afterward is crucial for your health and any potential legal claim. We guide our clients through these critical steps:

Prioritize Immediate Medical Care. Prioritizing your health is crucial. Immediately seek medical attention, even for seemingly minor injuries. Prompt medical care not only addresses your health needs but also ensures that your injuries are properly documented, which is essential for any subsequent legal or compensation claims.

Promptly Notify Your Employer of the Injury. As soon as possible, inform your supervisor or employer about the injury. It’s imperative to make this report in writing and ensure you retain a copy for your personal records. This step is not just a formal requirement; it establishes a documented timeline of events, which is crucial in any work-related injury case.

Meticulously Document Every Detail. Maintain comprehensive records related to the incident. This documentation should include the specific date and time of the injury, a detailed description of how the injury occurred, and the names of any witnesses present. If feasible, take photographs of both the injury and the site of the accident. This detailed documentation will serve as valuable evidence in supporting your case.

Adhere Strictly to Medical Recommendations. Follow the treatment plan prescribed by your healthcare provider meticulously. This includes attending all scheduled follow-up appointments and maintaining detailed records of all medical treatments and consultations related to your injury. Adhering to your medical advice is not only critical for your health but also demonstrates your commitment to recovery, which can be an important factor in any legal proceedings.

Timely File a Workers’ Compensation Claim. In New Mexico, you are entitled to file a workers’ compensation claim. It’s crucial to initiate this process promptly, as there are specific time limits for filing claims. Delaying this step could jeopardize your eligibility for compensation.

Document All Related Expenses and Lost Income. Keep a detailed record of all expenses associated with your injury. This includes medical bills, travel expenses to and from medical appointments, and any wages lost due to time away from work. Accurate documentation of these expenses is essential for ensuring full compensation.

Exercise Caution in Discussing Your Case. Be careful about whom you discuss your case with, particularly avoiding conversations with insurance company representatives. Conversations with parties outside of your legal team can sometimes be used against you in your claim.

Avoid Premature Settlement Offers. Be wary of early settlement offers from insurance companies. It’s advisable not to accept any offers without first consulting your lawyer, as these early offers may not fully cover the extent of your injury and related expenses.

Follow Your Lawyer’s Guidance Diligently. Once you have legal representation, adhere closely to their advice. Your lawyer’s expertise is crucial in protecting your rights and interests throughout the legal process. Their guidance is designed to ensure the best possible outcome for your case.

Remember, each step you take following a workplace injury can significantly impact the outcome of your case. We are committed to supporting you through every step, ensuring your rights are protected and you receive the compensation you deserve.

Workplace Harassment 

Harassment at the workplace can also cause injuries, including:

•  Receiving written statements that are detrimental to your safety and physical or emotional well-being frequently
• Receiving verbal statements that are detrimental to your safety and physical or emotional well-being often
• Receiving unwanted, sexual advances repeatedly.

As you can see these mostly involve stress to your emotional and/or physical well-being.

Understanding Insurance Bad Faith in New Mexico

We believe in empowering our clients with knowledge, especially when it comes to complex legal terms like ‘Insurance Bad Faith.’ In New Mexico, insurance bad faith refers to a situation where an insurance company fails to fulfill its obligations to its policyholders, acting contrary to the terms of the policy and the duty of good faith and fair dealing inherent in all insurance contracts. Key Aspects of Insurance Bad Faith include:

• Unreasonable Denial of Claims. This occurs when an insurance company unjustifiably refuses to pay a claim that should be covered under the policy.
• Unwarranted Delay in Handling Claims. Insurance companies are expected to handle claims in a timely manner. Delays without a reasonable cause are often seen as bad faith.
• Failure to Conduct a Proper Investigation. Insurers must thoroughly investigate claims before making a decision. Failure to do so can be a form of bad faith.
• Not Providing a Reasonable Explanation for Denial. Insurers are required to provide a clear and comprehensive reason for denying a claim.
• Offering Significantly Less Money than a Claim is Worth. Attempting to settle a claim for less than its fair value without a valid reason is another example of bad faith.

Misrepresenting the Law or Policy Language. This includes providing misleading information about what the policy covers or the legal rights of the policyholder.Work Injury Infographic

Rights to Compensation After a Workplace Injury

If you were injured while on the job, Davie & Valdez, P.C. is committed to ensuring that you are justly compensated. Our experienced legal team understands the significant impact a work-related injury can have on your life, and we are here to advocate for your rights. You may be entitled to compensation for things like medical expenses, rehabilitation costs, lost wages, lost earning capacity, pain and suffering, disability benefits, and more.

New Mexico Work Injury Law Statistics

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• The average worker’s compensation claim costs $30,000.
• The most common types of workers’ compensation claims are injuries to the back, neck, and head.
• Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

New Mexico Work Injury Law FAQs

What Kinds of Injuries Happen In the Workplace? 

Workplace injuries can be obvious, like if you are injured using machinery, but many are harder to identify as being directly connected to work. These are subtle injuries such as developing carpal tunnel from typing or a back injury from lifting heavy items over time. Many of these injuries result from repetitive use and are the result of small tears or wearing of the muscles, tendons, or bones because of your work. In these cases, your employer might fight your worker’s compensation claim. That’s where a New Mexico work injury lawyer can help you. Their knowledge of local, state, and federal law and experience will allow them to quickly evaluate whether you have a case that is worth taking to court. 

Why Would My Employer Not Validate My Claim? 

In an ideal world, an employer would always take care of an employee who had been injured on the job. Unfortunately, that often isn’t the case for a variety of reasons. An employer may deny a worker’s compensation claim because they are afraid it will impact their project margin. Sometimes the workplace has a culture of “being tough” and your employees might believe that injuries are “just a part of the job.” This isn’t true in the least. Your employer has a responsibility to create a safe work environment for their employees. They may also have a history of workplace injuries and are concerned that another one will get them into legal trouble. They may try to convince you that you shouldn’t file a compensation claim so it stays off the books. However, injuries will just continue unless the employer makes a concerted effort to change the culture and/or working conditions.

How Can A Work Injury Lawyer Help Me? 

A work injury lawyer will represent your best interests. They know and understand the law so they won’t be intimidated by the claims of your employer or their lawyers. They will gather evidence to support your case including medical reports, witness statements, HR documents, and more. Depending on your case, they may call expert witnesses to testify on your behalf. They will use all of the information they find to develop a legal strategy for your case. Depending on your needs, they will seek compensation to pay for medical bills, physical therapy, mental health care, permanent or temporary disability benefits, and any emotional damages that you suffered. Your lawyer will draft legal documents such as motions, briefs, opinions, and pleadings and argue your case before a judge. 

What should you do when you suffer a work injury?

The very first thing you should do when you’re able is to report your injury to your employer. This is to ensure there is rapid communication about the injury between the two of you. If you’re unable to report because you’re in the hospital, or were injured off-site, let your employer know by phone or email as soon as possible.

You also need to see a doctor or medical professional as soon as you can. Then you need to follow their instructions as best you can. These steps will not only help you recover but will help determine if you are also entitled to compensation for your injury.

Even if your employer does not carry workers’ compensation, this information may be used in any potential lawsuit, should you need to file one.

Is Compensation Available for Work-Related Injuries?

As an experienced work injury lawyer New Mexico residents trust can explain in greater detail when you attend a risk-free, confidential consultation at our firm, two primary kinds of compensation are made available to those who have been injured on the job. These kinds of compensation are workers’ compensation benefits and personal injury damage awards. Some workers are eligible for both kinds of compensation, some are eligible for only one kind, and some are not eligible for either. 

What if You Were Injured Off-Site?

Just as proving that repetitive stress injuries, toxic exposure harm, and exacerbation of preexisting condition claims is a particularly complex process, proving an off-site or remote work injury can also be significantly challenging. Working with an attorney proactively can help to ensure that your claim isn’t rejected or devalued due to a lack of proof or questions about work-related causation.

What if You Were Made Ill on the Job?

All too often, workers are either slowly or suddenly made to suffer the effects of exposure to toxins in the workplace. Unfortunately, proving that an illness arose due to work-related conditions can be challenging. It isn’t generally enough to simply provide documentation that you’ve been diagnosed with an illness and that your doctor thinks that your condition manifested due to workplace toxic exposure. Speak with the detail-oriented team at our firm about how to build the strongest possible case for compensation in the wake of suffering a job-related illness.

Is Workers’ Comp a Time-Sensitive Process?

Workers’ compensation processes are among the most time-sensitive issues governed by civil law. Unlike personal injury cases, which may usually be filed within a few years of the date upon which someone got hurt, workers’ compensation benefits processes usually require that certain steps be taken in a matter of days after someone has been acutely injured on the job. As a result, if you’ve been hurt on the job, you need to connect with an experienced attorney now to begin exploring any opportunity for workers’ compensation benefits that may be available to you.

What About Personal Injury Opportunities?

If your work-related harm was caused – at least, to some degree – by another’s negligence, recklessness, or intentionally harmful actions, speak with our team about filing a personal injury claim. Even if you are eligible for workers’ compensation benefits, you may remain in a position to be awarded personal injury damages too, provided that you can name someone other than your employer as a defendant in your suit. Connect with our compassionate New Mexico work injury lawyer team to learn more.

What are employment injuries?

Employment injuries are often thought of as discrimination. For example, if you’re prevented from receiving a promotion because of your gender, race, religious practice, national origin, ancestry, or age, this is considered an employment injury – it happens as a result of your employment. Yes, if you’re not hired for any of these reasons you may have suffered an employment injury. Of course, it depends on many factors, which is why you may want to consult with an attorney. 

Schedule Your Consultation Today

Davie & Valdez, P.C. is unwavering in its commitment to individuals affected by workplace injuries in New Mexico. Our dedication surpasses legal representation; we understand the physical, emotional, and financial toll these injuries exact. If you or a loved one has endured a workplace injury in New Mexico, our seasoned attorneys are here to assist. We firmly believe that injured workers deserve fair compensation for their losses and are resolute in advocating for their rights. By acknowledging common workplace injuries and taking proactive safety measures, both employers and employees can collaboratively establish safer work environments. Attorney John Valdez has been honored as a Texas Super Lawyers honoree for many years and is ready to help you. Your well-being is of the utmost importance to us. When you are ready, speak with our New Mexico work injury lawyer for help. 

Davie & Valdez P.C., New Mexico Work Injury Lawyer

150 Washington Ave, Santa Fe, NM 87501