WORKER'S COMPENSATION

When you are injured on the job, you may be entitled to benefits under the New Mexico Worker’s Compensation Act.  Worker’s Compensation benefits are paid by insurance companies who insure your employer against any loss due to your injury.  These insurance companies have adjusters who determine whether you are entitled to benefits, and, if so, to what benefits you are entitled.  Insurance companies also pay to hire lawyers to represent your employer in the event that you file a complaint with the Worker’s Compensation Administration or if you challenge their determination of your benefits.  These adjusters and lawyers always have the best interest of the employer and its insurance company in mind.  Shouldn’t you have someone who has your best interests in mind?

 

Under the New Mexico Worker’s Compensation Act, you may be entitled to:

 

  • Medical Benefits:  Medical benefits ensure that the employer, and its insurer, are responsible for paying the costs of your medical treatment, including travel to and from medical appointments in some cases.

 

  • Temporary Total Disability Benefits:  You may be entitled to money for your loss of income. Temporary total disability benefits compensate you for the loss of income you suffer after an accident when you are completely unable to work because of your injuries.

 

  • Temporary Partial Disability Benefits: Even if you are able to return to work after a work-related accident, you may be entitled to money for your loss of earning potential.  Temporary partial disability benefits compensate you for the loss of income you suffer after an accident when you are able to return to work, but you are unable to earn the same amount of money you did before the accident because you are hurt.

 

  • Permanent Partial Disability Benefits:  After you are hurt on the job, a time will come when your condition has improved as much as it is going to.  Doctors call this your “Maximum Medical Improvement”.  Even though you have recovered as much as you are going to, that doesn’t mean you are back to 100%.  Permanent partial disability benefits compensate you for partial disability that you may never recover from.  Determining how much money you may be entitled to for partial disability involves a complex formula that takes into consideration how much money you made at your job, the nature of your injury, your level of education, the physical demands of your job, and your ability to perform those physical demands.

 

  • Permanent Total Disability Benefits:  If you suffered an extremely serious work-related injury that leaves you totally and permanently disabled, you may be entitled to benefits to compensate you for your total loss of income.  Not all work injuries entitle you to permanent total disability benefits, even though your injuries are severe.

  • Benefit Increase:  If your injury was cause by your employer's failure to provide you with safety equipment, you may be entitled to an increase of your benefits.

 

Worker’s Compensation disputes often arise because your employer’s insurance company is paying you less money in temporary benefits than you are entitled to, because the insurance company is denying medical treatment that your doctor believes might help you get better, or because the insurance company wants to pay you less than you should be getting because of your disability.

 

Worker’s Compensation cases can be very complex, and it is a good idea to seek advice from a lawyer with Worker’s Compensation experience.  I can use my experience to look out for your best interests.

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Ste. 100

Albuquerque, NM 87120

©2017 BY G. M. SEGURA LAW.