Were you or a loved one injured on the job in Albuquerque, NM? If you suffered a work-related injury or contracted an illness in the workplace, you deserve to understand your legal rights under New Mexico workers’ compensation laws.
An experienced Albuquerque workers’ compensation lawyer at Curiel & Runion Personal Injury Lawyers can help you fight to recover compensation for medical bills, lost wages, and more.
Our award-winning lawyers have over 55 years of combined experience. We’ve used our skills to help injured clients recover over $30 million in compensation over the years.
Let us fight to recover the fair compensation you deserve while you recover from your workplace injury. Call our law offices in Albuquerque, New Mexico at (505) 594-3621 today to schedule a free consultation, or contact us online.
How Can Curiel & Runion Personal Injury Lawyers Help With My Albuquerque Workers’ Compensation Claim?
Workers’ compensation is meant to provide a simplified method for workers to recover much-needed compensation when they’re injured on the job. Unfortunately, the system isn’t perfect.
Employers often challenge injured workers’ rights to workers’ compensation benefits. After all, they don’t want to see their insurance premiums increase. Insurance companies want to pay as little as possible. They might push you to return to work before you’ve fully recovered–or claim that your injuries weren’t work related at all.
An experienced personal injury lawyer in Albuquerque, NM at Curiel & Runion Personal Injury Lawyers can help you handle these and any other challenges you might face.
While you focus on your recovery, our lawyers will:
- Review your medical records and gather evidence to support your workers’ comp claim
- Determine whether you have additional rights under state personal injury laws
- Help you give notice and prepare your initial claim for benefits
- Determine the level of compensation you should be receiving
- File an appeal if your claim for benefits is denied
- Handle all negotiations with the workers’ compensation insurance company
Our Albuquerque personal injury attorneys have a 98% success rate when it comes to helping clients like you recover fair compensation. That’s a track record you can count on. Call today for a free initial consultation to learn more.
How Common Are Workplace Accidents in New Mexico?
Workplace accidents are extremely common in New Mexico. Private industry employers reported 13,500 non-fatal work-related injuries in 2021. About 4,900 of those injured workers missed time at work because of the injuries. Sadly, there were also 53 fatal workplace injuries reported across the state of New Mexico in 2021.
According to the New Mexico Workers’ Compensation Administration, the most dangerous industries that year were:
- Health Care & Technical occupations
- Construction & Extraction
- Transportation & Material Moving
- Sales & Related
- Protective Services
If you or a family member were injured on the job, our lawyers in Albuquerque are here to help you navigate any challenges to recovering fair compensation. Just reach out to our legal team and schedule your free case review today.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that pays compensation to help injured workers get back on their feet again.
Workers’ compensation is a no-fault system in New Mexico. You won’t have to prove that someone else is responsible for your injuries or illness. You’re entitled to benefits even if your employer was not negligent and provided the safest work environment possible.
In exchange, however, you lose your right to sue your employer for compensation if they were negligent or reckless. The goal of the system is to allow injured workers to receive benefits without a lengthy legal battle over liability.
Note, however, that workers’ compensation laws in New Mexico do not prevent you from suing a negligent third party for damages outside of the workers’ comp system. These lawsuits are commonly called “third-party claims.”
Am I Covered Under New Mexico Workers’ Compensation Laws?
If you were injured on the job, you’re probably covered by workers’ comp.
To recover compensation, the following must be true:
- You were injured or suffered an illness while performing work-related duties
- You were an employee
Note that you may be entitled to compensation even if your work duties exacerbated a previous injury or condition that was not work-related. You may also be entitled to benefits if you were injured outside of your normal worksite–as long as you were performing work-related duties at the time.
What is My Albuquerque Workers’ Compensation Case Worth?
Injured workers often wonder whether they’re getting the full benefits they deserve under the law.
There are several factors that are important in assessing the value of your workers’ comp claim, including:
- The extent of your injuries or illness
- The length of your recovery period
- Your average wages prior to the disability
- Whether you can perform any restricted-duty or “light duty” work during recovery
- Whether you can return to work after reaching maximum medical improvement (MMI) or will suffer a permanent disability
- Whether you can sue a third party for damages outside of the workers’ comp system
In New Mexico, workers’ comp reimburses injured workers for about ⅔ of their average weekly wages prior to sustaining the disability. However, even if your prior earnings were higher, your workers’ compensation check is limited by a statewide cap of $987.16 per week in 2023.
What Types of Benefits Does Workers’ Compensation Provide in Albuquerque, NM?
In New Mexico, the following types of benefits are available to injured workers:
- All reasonable and necessary medical expenses related to the condition
- Temporary total disability benefits to cover ⅔ of your lost wages while you recover
- Temporary partial disability benefits if you’re able to perform some type of light-duty work during recovery
- Permanent partial disability benefits, if your earning capacity is permanently reduced
- Permanent total disability benefits if you’re never able to work again
- Scheduled injury benefits if you lost the use of a specific body part
- Survivor benefits to survivors of fatal work accident victims
These benefits are designed to cover a portion of your economic damages. If you’re eligible to file a third-party claim against a negligent third party, you can also seek non-economic damages for things like pain, suffering, and inconvenience.
Can Shared Fault Impact the Value of My Albuquerque Workers’ Comp Claim?
The value of your workers’ compensation benefits will not be reduced if you share blame for your workplace accident. You can file a claim and receive benefits even if your injuries were your fault.
If you have the right to file a personal injury case for additional compensation, your settlement or verdict will be reduced in proportion to your share of fault under New Mexico’s pure comparative negligence law.
Common Workplace Injuries in Albuquerque, NM
There are virtually limitless ways that you can get hurt in the workplace.
At Curiel & Runion Personal Injury Lawyers, our Albuquerque workers’ compensation attorneys often handle cases involving:
- Broken bones
- Nerve damage
- Shoulder injuries
- Facial injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Occupational illnesses
- Repetitive stress injuries
- Organ damage
- Lung damage
- Catastrophic injuries
- Wrongful death of a loved one
It’s important to seek medical attention from an approved doctor quickly after you are hurt on the job. Any delays can jeopardize your right to benefits under New Mexico workers’ compensation laws.
After you have received the medical care you need, contact our law firm serving Albuquerque to learn more about your right to compensation.
What Causes Most Work-Related Accidents in Albuquerque, New Mexico?
At Curiel & Runion Personal Injury Lawyers, we handle all types of workplace accident claims, including those involving:
- Scaffolding accidents caused by improperly installed scaffolding or missing fall protection
- Dangerous property conditions
- Defective work equipment
- Communication failures
- Ignoring state labor laws or OSHA regulations
- Exposure to dangerous chemicals or substances
- Slip and fall accidents
- Motor vehicle accidents and trucking accidents
- Workplace violence caused by negligent security
- Lack of proper safety equipment
- Construction site accidents
- Fires and explosions
- Accidents where a worker is caught between two objects
- Repetitive motions
How Long Do I Have to File a Claim for Compensation if I Was Injured on the Job in New Mexico?
Under New Mexico law, you’re required to give your employer notice about your work injuries within 15 days of an accident. The 15-day period begins to run on the date you learn about your work-related injuries or illness. If something beyond your control prevents you from meeting the 15-day deadline, it can be extended to 60 days.
If a third party contributed to the cause of your accident, you have three years to file a personal injury lawsuit. This statute of limitations typically starts to run on the date of your accident.
Once these deadlines pass, you lose your right to recover compensation for your injuries.
Contact an Albuquerque Workers’ Compensation Lawyer for a Free Initial Consultation
Our lawyers at Curiel & Runion Personal Injury Lawyers can help you protect your right to fair workers’ compensation benefits regardless of how you were injured.
Whether you were injured working on a dangerous construction site or in an office building downtown, it never hurts to consult an experienced Albuquerque workers’ compensation lawyer. Your consultation is always free of charge, so contact us today to learn more.