New Mexico Workers’ Compensation Statute of Limitations Overview
The State of New Mexico covers workers injured on he job with a very broadly applied system of workers’ compensation coverage.
In fact, any employer with more than two employees is required to carry workers’ compensation insurance. This covers more workers than most other states. Luckily for New Mexico employees, New Mexico has some of the most worker-friendly workers’ compensation laws.
In this article, we’ll take a look at what those laws are and how they work to your advantage.
New Mexico Workers’ Compensation Benefits
Those who are injured on the job are entitled to workers’ compensation benefits regardless of who is at fault. This is considered a no-fault insurance policy that pays out in the event that your injuries preclude you from working.
Workers’ compensation insurance in New Mexico also pays for medical bills related to the accident. However, there are some state-imposed limits on how much workers’ compensation an employee may collect. In addition, the trade-off for workers’ compensation insurance is that employers enjoy some immunity from personal injury lawsuits. That immunity, however, is not limitless.
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What if My Workers’ Compensation Claim is Denied?
If your injuries are serious, you should contact an attorney immediately.
The insurance company that provides workers’ compensation insurance to your employer acts on behalf of their best interests, not yours. An insurance company may deny a claim, offer a figure that does not seem to cover your medical expenses, or they will refuse to pay for missed time from work. It is much more likely this will occur when the injuries are serious.
Immediately after you file for workers’ comp, the insurance company will launch an investigation into what happened. They will also launch an investigation into you personally. They will be looking at your social media profiles and any other information that may cast you in a negative light or give them cause to deny your claim.
It’s important that you recognize that this is an adversarial process. The insurance company is on the opposite side of you. Their job is to protect your employer’s interests, not yours. This is why many workers who do apply for workers’ compensation elect to hire an attorney to manage their claim.
If your claim is denied, you and your attorney will file an appeal and attempt to get the evidence you need from doctors and vocational experts to prove your claim.
What a Typical Workers’ Compensation Claim Looks Like in New Mexico
As soon as you are injured on the job, you should report this to someone in a position of authority and seek immediate medical attention.
You will then file a workers’ compensation claim with your company and they will fill out their portion of the paperwork. The claim will be submitted to the insurance company, and you should hear back from them shortly.
The insurance company will pay for your medical expenses up to a certain amount and then with the aid of your doctor, determine how long you will need to miss work while you recover. If all goes well, this process goes off without a hitch.
Give us a call or contact us online for a free consultation.