Work Injury Lawyer New Mexico
If you need a work injury lawyer in New Mexico, Davie & Valdez, P.C. may be the ones you are looking for. When an injury occur while you’re working or at your place of work, the consequences can be significant. You may be hospitalized and/or out of work for long periods of time as a result. If the injury happens because of a toxic work environment the situation can become adverse pretty quickly. In any case you need legal advice and maybe to actually take legal action.
Work injuries in New Mexico tend to happen in two different categories. One is called ‘employment injuries’ and the other ‘workplace injuries.
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.
What about work place injuries?
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 over exertion
A LIST OF TYPICAL WORKPLACE INJURIES INFOGRAPHIC
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, there are two primary kinds of compensation that 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. Speak with the knowledgeable legal team at Davie & Valdez, P.C. about your unique circumstances to learn more about which kind(s) of compensation you may be entitled to as a result of your injuries.
What if You Were Injured Off-Site?
It is perhaps especially important that you connect with a dedicated New Mexico work injury lawyer at Davie & Valdez, P.C. before filing workers’ compensation benefits claim paperwork if you were not injured at a traditional jobsite. 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 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. (The process is a little different for repetitive strain injuries, illnesses arising from toxic exposure, and exacerbation of preexisting conditions caused by work-related challenges.) 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 the team at Davie & Valdez, P.C. 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.
Workplace harassment
Harassment at the work place can also cause injuries, including:
- 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 often
- Receiving unwanted, sexual advances repeatedly.
As you can see these mostly involve stress to your emotional and/or physical well being.
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 assure 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 actually 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 in fact 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 law suit, should you need to file one.
What about workers compensation?
If you fail to report your injury within usually 30-45 days, you may be denied compensation. This report is typically made to your HR department. Be sure to keep copies of any such reports you file with your employer.
Free Consultation
Davie Valdez P.C. in New Mexico offers no cost consultations. Give us a call. Our contact page gives you a variety of ways to schedule a consultation. Note that if you reach our answering service you will be talking with a real person, not a machine.
What Kinds of Injuries Happen In the Workplace?
Workplace injuries can be obvious, like if you are injured using machinery, but there are many that 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 workers 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. Call Davie & Valdez, P.C. today to set up a free and confidential consultation with our lawyers.
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 workers 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 either change the culture and/or working conditions. If you have questions about whether you have a valid claim, talking to a work injury lawyer in New Mexico from a firm like Davie & Valdez, P.C. can provide clarity.
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.
Perhaps even more importantly, your lawyer will support you throughout the process. They will answer your questions, communicate with your employer so you don’t have to, negotiate settlements on your behalf among other things. A good work injury lawyer New Mexico residents can trust does everything they can so you get the justice you deserve. Contact Davie & Valdez, P.C. now so we can begin helping you.
Over the years most common work-related injuries and fatality rates have decreased but if you were injured on the job then it is often in your best interest to hire a workplace injury lawyer in New Mexico. According to the Occupational Safety and Health Association (OSHA), the deadly occupational fatalities have gone from 38 a day in 1970 to 15 a day in 2019.
All if not most of the injuries are preventable by taking the proper precautions and adhering to the OSHA’s guidelines. It is important to note that if you are currently experiencing any type of workplace injury then you should not wait to seek medical attention as even small injuries can progress over time and cause serious complications later on.
The Most Common Workplace Injuries
Here is a list of some of the most common workplace injuries.
Slips, Trips, and Falls
Slips, trips, and falls are some of the most common types of workplace injuries and the top reason for workers compensation claims. Slip and fall accidents can happen anywhere and are one of the most preventable accidents out there. These types of injuries can be prevented by being aware of your surroundings and by following the fall protection requirements set by OSHA.
It is important that even though your injuries may seem minor you seek medical attention immediately. These entries could have lasting consequences on your health if not treated promptly.
Overexertion and Muscle Strain
Overexertion injuries and repetitive strain injuries can cause long-term debilitating pain that can lead to an overall loss of productivity. Some of the most common types of occupational injuries can because by:
- In proper lifting techniques
- Manually lifting heavy objects
- Repetitive work with no breaks
- Jumping from one level to another
- A collapsing structure
- Micro tasks on the factory floor
- Typing or moving the mouse without good ergonomics
It is up to your employer to have adequate training on how to perform physical tasks correctly and how to prevent muscle strains. To avoid and reduce the risk for lasting physical harm you should ensure that you’re taking frequent breaks and that you’re using that time to rest and stretch.
Exposure to Harmful Substances of 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.
People who work with or around heavy duty cleaning crews should also know how to recognize the signs of bleach poisoning symptoms and how to get them to the proper medical care as quickly as possible.
If you or a loved one have been hurt on the job and don’t hesitate to reach out to a work injury lawyer in New Mexico from the dedicated team at Contact Davie & Valdez, P.C, to help you get the compensation you deserve for your injuries.
