New Mexico Workers’ Compensation Claims
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UPDATED: Mar 10, 2020
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If an injured or ill New Mexico employee seeks workers’ compensation benefits, a New Mexico workers’ compensation claim should be submitted to the New Mexico Workers’ Compensation Administration within a specific time period. An employee is eligible to file for workers’ compensation benefits if he has been injured in a workplace accident, or if he develops an occupational disease because of harmful conditions at the work-site. New Mexico law requires that New Mexico employers carry workers’ compensation insurance so that benefits may be provided in the event of an accident or an illness to one of their employees.
Process for Workers’ Compensation Claims in New Mexico
After you have been injured, you must report your work-site injury to your manager or employer within 15 days of your injury. This report must be in writing. If you do not report your injury within this time frame, or if you fail to do so in writing, you may no longer be able to receive medical, income replacement, and/or permanent disability benefits.
Upon learning of your occupational disease or injury, your employer must submit, within 10 days of their knowledge of your injury or illness, an Employers’ First Report of Injury or Illness to the New Mexico Workers’ Compensation Administration. He must provide copies of this form to the injured or ill worker and to his workers’ compensation insurance carrier. If your employer does not file this form within the requisite time period, he will be fined $1,000.
The 1 year statute of limitations in New Mexico for workers’ compensation claims begins to run after your employer’s insurance provider has failed to pay you, or has started to pay you.
Be sure to get prompt medical care for your work-site injury or disease. You should inform the treating physician that your injury or illness is related to your job.
A New Mexico workers’ compensation attorney can be very useful in answering questions about your claim, explaining the claims process, and assuaging any concerns you may have about filing your claim. It’s in your best interest to contact an experienced New Mexico workers’ compensation lawyer.
Reasons to Hire a New Mexico Workers’ Compensation Lawyer
Filing a claim for workers’ compensation can be tricky, and having an experienced New Mexico workers’ compensation lawyer at your side to help you keep track of filing deadlines and to advise you of the benefits and rights to which you are entitled under New Mexico workers’ compensation law can be a great asset. In addition, if your employer does not have insurance, has too little insurance, or is uncooperative and contests your claim for benefits, a New Mexico workers’ compensation attorney can convincingly assert your claim in front of the New Mexico Workers’ Compensation Administration. When a third party is partially responsible for your injury, a separate lawsuit may have to be filed to recover both from the third party and your employer’s workers’ compensation insurance coverage. A New Mexico workers’ compensation lawyer can help you structure and file such a lawsuit.