Albuquerque Work Injury Attorney
No matter what type of job you work at, chances are there is a bulletin board with several safety rules and regulations posters. These placards remind staff about everything from washing their hands to basic first aid. The Occupational Safety and Health Administration (OSHA) creates those rules and guides companies toward compliance. OSHA’s mission is to “ensure that employees work in a safe and healthful environment by setting and enforcing standards and by providing training, outreach, education, and assistance.”
Unfortunately, even with all those safety protocols in place, accidents still happen. When an on-the-job accident causes an injury, it could mean being out of work for a few hours or several weeks. You are entitled to recoup your medical expenses and the salary you lost. That might require the help of a skilled Albuquerque work injury lawyer.
At Barrera Law Group LLC, we can provide you with the guidance and information needed to decide if you should pursue a workers’ compensation or third-party claim. It might also be advisable to file both types of claims. The support we offer begins with a free case evaluation where we can help you understand your options. What follows is some basic information that will help you understand your choices for seeking a remedy for your workplace injury claim. Be sure to reach out to our law firm for assistance if you need to understand whether you have a valid case for recovering compensation. Consultations with our attorneys are free.
New Mexico Workers’ Comp Basics
In New Mexico, any company with three or more employees is required to carry workers’ compensation insurance. This is a no-fault system of insurance that employers pay for at no cost to their staff. According to the New Mexico Workers’ Compensation Administration, these are the key points of what the workers’ compensation provides workers with:
- Payment for medical care resulting from a work-related injury or illness
- Payments for a worker who is permanently partially disabled once maximum medical improvement is reached
- Payments for a worker who has a permanent impairment or is permanently totally disabled
- Payments for temporary indemnity benefits if an injured worker is unable to work and earn a paycheck
- Survivor benefits for survivors of those killed on the job
- Dispute resolution through the WCA’s ombudsman, mediation, and administrative court system
How Do I Go About Filing a Claim After I’m Hurt on the Job in Bernalillo County?
Filing for workers’ compensation is much like filing any other type of claim. You should be prepared to provide the following information:
- The exact date, time, and location of the injury
- The nature of the injury and affected parts
- A detailed account of the accident and who was involved
- Dates and times for all medical treatments you have received
It is important to note that if any of the information on the claim is incorrect, that could cause a denial. As with other claims, insurance companies will look for any excuse not to make a payment.
There could be more challenges with a serious injury that keeps you from returning to work or seeking another occupation. The more expensive the claim, the more it could be challenged. That is why you might want to get an Albuquerque work injury attorney involved with your claim from the start.
The attorneys at Barrera Law Group LLC have a thorough knowledge of our state’s workers’ compensation laws and the requirements for filing a claim. We can get involved with your claim as soon as possible to ensure that you’re following all the requirements.
What To Know About Third-Party Claims
One of your choices for seeking compensation for your workplace injury is to file a claim against a third party. With the no-fault workers’ compensation claim, you don’t have to prove negligence on the part of your employer. However, there are some scenarios where your injury might not be a direct result of the actions of your employer. The following are some possible scenarios where you could designate third-party liability:
Motor Vehicle Accidents
If you were driving as part of your work responsibilities and you got into an auto accident that was the fault of another driver, you could file a claim against that driver and their insurance carrier. Additionally, you can file a workers’ compensation claim with your employer. It is important to remember that you might not be able to be paid twice for the same accident. However, the workers’ compensation claim can pay for your medical expenses, while the third-party claim would cover your car repairs or replacement.
Construction Accidents
The bigger the building project, the more likely there will be various subcontractors. Certain conditions may give way to a construction site accident. For instance, there might be an electrical subcontractor crew that leaves an exposed wire that causes an injury. Your third-party claim will hold that subcontractor liable and compel them to pay for your damages.
Defective Products
There are many jobs that involve power tools or equipment that could cause an injury because of a manufacturing defect. In that case, you could make a product liability claim against the company that designed, produced, or distributed the item that harmed you.
Slip and Fall Accident
According to the U.S. Bureau of Labor Statistics (BLS), 38% of deaths on construction sites were due to slips, trips, and falls. There are also situations where your job takes you to a property owned by someone who is not the company you’re working for. You could be working at a restaurant or private residence. If a hazard in those properties causes your injury, you could have a case for premises liability.
Your Albuquerque work injury lawyer can guide you through every step of the third-party claim process. That includes handling negotiations with the insurance company or filing a civil lawsuit if necessary.
Notable Exceptions to Workers’ Comp in New Mexico
One of the most obvious options for filing a third-party claim is if your employer does not have worker’s compensation insurance. In that scenario, they become a third party that could be held liable for conditions that lead to your injury.
There is also the Delgado Exception that could factor into your worker’s compensation claim. This exception is based on a New Mexico Supreme Court case that involved a worker intentionally being sent into a dangerous situation by their employer. If that happens and results in an injury or death, you could file a personal injury or wrongful death lawsuit against the employer, even if they have workers’ compensation insurance.
How an Albuquerque Work Injury Lawyer Proves Negligence in a Third-Party Claim
Because a worker’s compensation claim is designed to be no-fault, you don’t have to prove negligence to support your claim. However, you do have to prove that the injury occurred while you were working and was not due to your own negligence, such as working under the influence of drugs or alcohol.
With a third-party claim, your Albuquerque work injury attorney needs to establish the following four core elements of negligence:
Duty of Care
You need to demonstrate that the named at-fault party had a duty of care to act with reasonable standards to provide for your safety. For instance, a property owner has a duty of care to maintain a safe environment or warn the worker of those potential hazards. In a car accident, while you’re on the job, the other driver owes a duty of care to obey traffic laws and not drive recklessly.
Breach of Duty
You and your attorney must establish that the at-fault party breached their duty of care. That means that their negligence created the conditions for an accident. A store owner who doesn’t keep their floors dry could cause a visiting contractor to slip and fall. If an owner of a property is cited for safety violations and they don’t correct those situations, that could be considered a breach.
Causation
Causation is the connection between the at-fault party’s breach of duty and your accident. You and your attorney need to establish that you would not have been injured if it had not been for negligence. This causation extends to being harmed by defective machinery or a product.
Damages
Finally, you must establish all your current and future financial losses associated with the accident. Your damages can include medical expenses, lost wages, pain and suffering, and mental anguish.
Barrera Law Group LLC Understands NM Work Injury Laws
The injuries you suffer from a workplace accident are genuine. The challenge is to establish that those injuries could have been prevented had it not been for some negligence. When you retain the services of the Barrera Law Group LLC, you benefit from attorneys with close to two decades of experience in this area of the law. Here are some of the laws that could come into play in your work injury claim:
Car Insurance Laws
New Mexico requires drivers to carry a minimum of liability insurance. It is also a fault state, which means the driver who causes a car accident is responsible for paying for the damages. We know how vital it is to assign that liability in an accident that happens when a worker is driving for the job.
Product Liability
If product liability is part of your work injury, we will pursue a claim against the manufacturer or distributor of that defective product. That can include anything from a power drill to a hydraulic lift.
Premises Liability
When your work injury occurs at a privately owned premise, we need to establish that you have a right to be on the premises as an invitee or licensee. Once that has been established, we can address the negligence issues.
Employment Law
Work injury cases can involve several employment laws. We are familiar with all the applicable city, state and federal laws as they relate to workers’ compensation benefits. That includes the limitations of your potential compensation and the filing deadlines.
Let Our Attorneys Help You If You’re Hurt
If an injury incident occurred while you were working in New Mexico, be sure to reach out to us to discuss what harmed you.
If you choose to hire an Albuquerque work injury lawyer in our office, you can rest assured that we will keep you informed about the progress of your claim at all steps along the way. You’re also in the driver’s seat for choosing how your case wraps up. This means that, ultimately, the decision for what to accept will be yours to make.
Our work together begins with your free consultation with one of our attorneys. Call to set up that talk, and let’s find out the next move for your work injury claim.