Why Patscheck Law, P.C.?
There’s a lot at stake in your workman’s comp claim. You need to heal your injuries, but you also want to support your family.
Patscheck Law is here to aggressively fight for everything you’re legally entitled to through workers’ compensation insurance:
- Free & confidential consultation
- Award-winning legal representation
- Stay in constant contact about your case
- A deep understanding of New Mexico Workers’ Comp law
Call now for your free consultation.
Workers’ Compensation Benefits
When you’re hurt at work, you have an automatic right to workers’ comp benefits regardless of who was at fault. However, the workers’ compensation insurance company might try to minimize how much they pay by denying it, delaying it, or limiting benefits.
We will make sure you get the benefits you are entitled to, including:
- Medical expenses
- Indemnity benefits (wage loss)
- Death or survivor benefits
What to Expect in a Workers’ Comp Claim
The New Mexico workers’ compensation claims process can be complex. It’s best to work with a workplace injury attorney to make sure you meet all necessary deadlines and complete all of the paperwork appropriately.
Here’s an overview of what your claims process might look like.
Reporting Your Injury
Both you and your employer are required to complete a notification when you suffer a workplace injury. You must notify your employer within 15 days of an accident or injury. You should also complete a Notice of Accident form or submit another write-up of your injury.
Get Medical Treatment
You should immediately get medical care for your work-related injury or illness. Follow the doctors’ instructions and keep your employer informed about your progress. Your employer’s workers’ comp insurance should pay your medical bills and determine which benefits you’re eligible for.
Return to Work When and If You’re Able
You may not be able to work after an on-the-job injury. During that time, you should get indemnity benefits based on your degree of impairment.
- Temporary partial disability (TPD) payments may be made if you remain employed after your injury. If you have to work at a reduced wage or limited hours, these indemnity benefits will apply to your case.
- Temporary total disability (TTD) benefits are available if you can no longer work at all for a brief time after your accident.
- Permanent disability benefits are paid if you have reached maximum medical improvement (MMI), and you are still limited in how much work you can complete. If you are permanently totally disabled (PTD), you may be unable to work at all. If you are permanently partially disabled (PPD), you may be able to work at a reduced or limited rate.
New Mexico Workplace Accident Laws
A local workers’ comp lawyer can help you understand the process, your rights, and how to obtain the best possible outcome in your claim.
Third Party Claims
In some cases, you may have been injured on the job due to a third party or another company. In those situations, you might be able to file a personal injury lawsuit against that third party.
For example, if you were in a car accident that was not your fault, while driving a vehicle as part of your employment, you may be able to sue the other driver and their insurance company for damages.
This can allow you to obtain a significant amount of compensation compared to your workers’ comp benefits. Workers’ comp severely limits how much you can recover, but personal injury cases are much broader. You can obtain compensation for medical costs, lost wages, pain and suffering, disability, loss of consortium, property damage, and more.