Work Injury Lawyer New Mexico
Employment and workplace-related injuries are terrible. They may also be costly. They can put you out of work and, therefore, behind on bills, in the emergency room, or even incapacitated. If you’re dealing with a toxic work environment, you might find your work progress slowing down, or maybe you’re constantly going to work late because you’re hoping to avoid seeing your harasser(s). Fortunately, the attorneys at Davie & Valdez, P.C., work injury lawyer in New Mexico are here to help you. We are passionate about helping injured people, such as yourself, recover these injuries. With more than 35 years of experience and a team of passionate attorneys, you can put your confidence in us.
What Are Employment Injuries?
In general, an employment injury is an occurrence where your public employer discriminates against you because of your race, color, sex, sexual orientation, religion, national origin or ancestry, age, or physical or mental ability. This discrimination can occur anywhere, and the consequences they bear on you can be quite severe. For example, if you’re discriminated against from getting hired or getting a promotion, the lack of income may put you into debt, poverty, or result in you losing your place of dwelling.
All this being considered, there are some exceptions that might apply. For example, if your inability prevents you from performing certain mandatory tasks and you cannot be reasonably accommodated, the employer may be entitled to deny your request for employment. Also, private employers and at-will employers are not held to the same legal standards as most public employers, so you should consider consulting with one of our attorneys to learn whether you have a case.
What Are Workplace Injuries?
A workplace injury is an occurrence where you’re injured while on the job or during business hours. Certain occupations, such as that of construction work, are inherently more dangerous than others. Those sorts of physical injuries might result in you having to take heavy and potentially addictive pain medication. Regardless, if you fall and are injured on your worksite, are injured by a coworker, or are suffering from workplace harassment, you are entitled to sue for compensation.
Workplace harassment issues are a different branch of injuries. Examples are:
- Frequently receiving written statements that are detrimental to your safety and physical or emotional wellbeing
- Frequently receiving verbal statements that are detrimental to your safety and physical or emotional wellbeing
- Frequently received unwanted, sexual advances.
What to do following a work injury
If you have an accident at work that causes an injury, report the injury to your employer immediately to help ensure there is no lapse in communication between all involved parties. When there are delays in communication time, there is more reason to invalidate claims. For example, if you are injured in road traffic as a truck driver, you should call your employer so that the disability insurance can be terminated immediately.
Whether you are an employee or a self-employed entrepreneur, it is essential that you see a doctor as soon as possible, following your doctor’s recommendations for treatment as closely as possible. In most states, professional indemnity insurance may require you to undergo an independent medical examination with a doctor of your choice to determine the extent of your injuries. The steps following the medical examination will ultimately help in determining your eligibility to receive compensation.
If your employer does not purchase workers’ accident compensation insurance, you will either file a lawsuit in civil court for personal injury or file a claim against a state fund for the injured worker of an uninsured company. You may be able to claim damages if we determine that there are potential grounds for filing a claim. Claiming damages for pain and suffering is permitted, but unlike work injury workers’ compensation claims, you must prove your employer’s negligence through the legal processes in the state in which the incident occurred.
A denial of benefits may occur if the injured fails to notify their employer within 30-45 days of the injury or illness. The period during which to notify your employer varies by state, so it is wise practice to immediately notify your employer so that the workers’ compensation carrier can be notified and the report can be sent to the board that administers your state’s workers’ compensation system. Typically, the notice of injury will be submitted to the HR department of your place of work.
When the workers’ compensation carrier is aware of the injury or illness, it can begin paying for your medical expenses and a certain percentage of your average weekly income. Additionally, the workers’ compensation carrier may deny your claim, in this case you may need to appeal to the workers’ compensation board in your state. With the help of experienced workers’ injury lawyers, these appeals are usually more successful. If your appeal fails, you can ask the court to review the administrative judge’s decision.
If you have any injuries or illnesses as a result of work, you absolutely should seek immediate medical care in order to document your injuries in case your claim for benefits is denied. In some states, your employer or their insurance company will refer you to a doctor of their choice for what’s called an independent medical examination (IME).
United States workers compensation laws vary from state to state, and the process can become complicated very quickly. If you were injured while working while employed in New Mexico, contact an experienced work injury lawyer.
All in all, our only goal is to see to it that your rights are protected. We understand how debilitating workplace and employment-related injuries can be to your overall livelihood, so you can rest assured that we’ll fight aggressively on your behalf if you choose to have us represent you. Because time is of the essence, don’t wait. Call our law office now for a free consultation or to set an appointment in El Paso, Texas or Santa Fe, New Mexico.
If you must cancel or reschedule your appointment for any reason, please let us know at your earliest convenience.