Albuquerque Work Injury Attorney

Workplace injuries and illnesses can seriously disrupt our lives, leading to ongoing physical pain, emotional distress, and financial troubles. When an employee gets hurt on the job, working through the legal system to secure compensation can be confusing and overwhelming.

Workers’ compensation laws and personal injury claims both play a role in ensuring injured workers receive the support they need.

An Albuquerque work injury lawyer can protect your rights as a worker and help you secure the benefits you need and deserve.

Workers’ Compensation in New Mexico

New Mexico law requires most employers to carry workers’ compensation insurance. This system benefits employees injured on the job, regardless of who’s at fault.

Workers’ compensation typically covers your related medical expenses, lost wages, and rehabilitation costs, but it doesn’t offer compensation for pain and suffering, which is why some cases require additional legal action.

To qualify for workers’ compensation, your injury must have happened in the course of your work duties.

This can include accidents at your workplace, injuries from repetitive motions, and occupational illnesses caused by exposure to hazardous conditions.

Reporting an injury promptly is crucial because delays can complicate the claims process.

Common Workplace Injuries in Albuquerque

Workers in Albuquerque often face a wide variety of job-related injury risks, with some industries posing a higher risk of injuries because of the nature of the work involved.

Some common workplace injuries include:

• Slip and fall accidents because of wet floors, uneven surfaces, or poor lighting.
• Repetitive strain injuries from ongoing repetitive motions.
• Injuries from falling objects often occurring at construction sites or warehouses.
• Machinery-related accidents, including crush injuries and amputations.
• Exposure to hazardous chemicals leading to respiratory issues or burns.
• Transportation-related accidents for those who drive as part of their job.

Injuries like these can result in significant medical costs, lost or diminished wages, and long-term physical disabilities.

An experienced Albuquerque work injury lawyer will assess your case and help you determine the best course of legal action.

When to Pursue a Personal Injury Claim

While workers’ compensation can provide necessary benefits, it doesn’t allow you to sue your employer for negligence, but in some situations, a personal injury lawsuit may be possible. A third-party claim can be filed against someone other than your employer if their negligence contributed to your injury.

Examples of third-party claims include:

• Defective equipment that causes an injury, leading to a lawsuit against the manufacturer.
• A subcontractor’s negligence at a construction site that results in an accident.
• A reckless driver who was driving as part of their job injures you.

An experienced Albuquerque work injury lawyer can determine if a third-party claim is an option in your case.

Steps to Take After a Workplace Injury

Taking the right steps after a work injury is vital to strengthen your claim and increase your chances of successfully getting the benefits you need. The following actions are essential:

1. Report the Injury: Notify your employer as soon as possible. New Mexico requires that all workplace injuries be reported within 15 days.
2. Seek Medical Attention: Even if your injury doesn’t seem major, getting professional medical care ensures proper care and documentation.
3. Document Everything: Keep records of medical visits, accident reports, witness statements, and any communication between you and your employer or insurance company.
4. Follow Medical Advice: Failing to adhere to your medical provider’s recommendations can negatively impact your claim.
5. Consult a Lawyer: A work injury attorney can review your case, handle paperwork, and negotiate with insurance companies.

Employers and insurers may attempt to minimize payouts, making legal representation an important asset in securing fair compensation.

Challenges in Workers’ Compensation Claims

While workers’ compensation is designed to provide needed benefits as efficiently as possible, some claims may still face roadblocks. Employers and insurers may dispute claims by arguing that an injury did not occur at work or was a pre-existing condition.

Other challenges can include:

• Denial of your claim if you missed deadlines or submitted incomplete paperwork.
• Disputes over the severity of your injury or illness and your need for medical treatment.
• Trying to force you back to work before you’ve recovered.
• Retaliation, like demotion or termination, after filing a claim.

An attorney experienced in work injury cases can challenge unfair claim denials and will fight for the benefits you deserve.

Understanding Permanent Disability Benefits

Some workplace injuries result in long-term impairments that prevent an employee from returning to work. New Mexico’s workers’ compensation system provides permanent disability benefits if you’ve suffered permanent injuries.

These benefits fall into two categories:

• Permanent Partial Disability (PPD): Compensation for you when you can still perform some of your job duties but have lost partial function.
• Permanent Total Disability (PTD): These are benefits if you can’t go back to any form of employment due to your injuries.

Calculating disability benefits can be complex, often depending on medical evaluations, work restrictions, and wage history. A lawyer can ensure that an injured worker receives the maximum benefits available.

Why Working with an Albuquerque Work Injury Lawyer Matters

Hiring a work injury lawyer can make a significant difference in the success or failure of a claim.

They are familiar with the tactics commonly used by insurance companies to reduce or deny unemployment benefits and have experience negotiating fair settlements and representing clients before the New Mexico Workers’ Compensation Administration.

Your lawyer can help with:

• Filing claims and ensuring all deadlines are met.
• Challenging denied claims and handling appeals.
• Negotiating settlements that cover long-term needs.
• Identifying potential third-party claims for additional compensation.

Having experienced legal guidance offers you the best opportunity to get the financial support you need for your recovery.

Choosing the Right Work Injury Lawyer in Albuquerque

Selecting an attorney with experience in workers’ compensation and personal injury law is essential. Look for a lawyer with a strong track record of advocating for injured workers. Consider factors such as client reviews, case outcomes, and the willingness to offer a complimentary consultation.

An Albuquerque work injury lawyer should have a deep understanding of New Mexico’s workers’ compensation laws and be prepared to take your case to court if required.

At Barrera Law Group LLC, we understand how workplace injuries can create both financial and emotional stress; however, we also believe that injured workers have rights. Whether you’re submitting a workers’ compensation claim or filing a third-party lawsuit, we can make a critical difference.

Our Albuquerque work injury lawyers can help you navigate the complexities of the legal system, and make sure that you get fair compensation to secure your future.

Seeking legal advice early can prevent costly mistakes and maximize your chances of a successful claim.

Contact us today for a free consultation.