CALL (800) 863-5312 FOR A FREE CONSULTATION WITH A SANTA FE WORKPLACE ACCIDENT ATTORNEY
Workplace accidents and injuries occur in all professions. For instance, construction workers, department store employees, office managers, and truck drivers are all at risk of suffering some sort of workplace injury. When a workplace injury does occur, the employee may be entitled to file a workers’ compensation claim.
If you or a loved one has been injured at your place of work and would like to learn more about filing a workers’ compensation claim, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our experienced Santa Fe workplace injury attorneys.
Workplace injury means any work-related injury or illness. A workplace injury may occur suddenly, such as when a department store employee sprains his or her back while carrying heavy inventory. But a workplace injury may also develop over a prolonged period. For instance, a chemical plant employee may suffer an illness due to exposure to harmful chemicals. In any event, it is important to remember that workplace injuries come in many forms.
Workers’ compensation is a type of insurance that can provide medical and wage benefits to an individual who has missed time from work due to a workplace injury. The basic concept behind workers’ compensation is that an employee is accepting benefits in exchange for giving up the right to sue his or her employer in the event that a workplace injury does occur. Thus, the objective of workers' compensation is to offer financial protection to employees and employers from any financial setbacks that may arise following a workplace injury.
Does My Employer Carry Workers’ Compensation?
New Mexico requires most employers with three or more employees to carry workers' compensation insurance coverage for their employees. The specific benefits that may be offered generally depend on important factors such as the type of injury sustained, the size of the company, the type of business the company engages in, and any applicate state laws or regulations.
How Do I File a Workers’ Compensation Claim?
Following a workplace injury, the injured individual is required to notify his or her employer as soon as possible. The injured employee is then referred to a physician who is typically affiliated with the company. Depending on the physician’s examination of the injured employee, workers’ compensation benefits can be granted or denied.
Discussing your case and the circumstances that led to your injury with an experienced workers’ compensation lawyer may put you in a better position to understand the details and implications of a workers’ compensation claim.
TYPES OF WORKPLACE INJURIES
Workplace injuries come in many forms. Some professions are more at risk of suffering a certain type of injury than others. At Zinda Law Group, our workplace injury attorneys offer years of experience handling a wide range of cases. Common examples of workplace injuries include:
- Oilfield accidents
- Construction site accidents
- Slip-and-fall accidents
- Gas explosions
- Industrial and chemical plant accidents
- Accidents due to lifting heavy objects
- Farming and ranching accidents
- And many more
WHAT TO DO AFTER A WORKPLACE INJURY
1. Seek Medical Attention
The first and most important step to take after an accident involving injury is to seek professional medical attention as quickly as possible. Many workplace injuries are serious and demand immediate medical attention. However, keep in mind that many workplace injuries may lay dormant before manifesting. For instance, the side effects of a sprained back may take hours or days to kick in. Thus, you should consider having a trained medical professional examine you even when the injury does not appear to be severe.
2. File a Report and Document the Accident
The next step you should take after being involved in a workplace accident is to file a formal accident report with your employer. Filing a report will create an official record of the accident and may even prevent similar accidents from occurring in the future.
Document the accident by creating and maintaining a thorough record of all documents relating to the accident. For example, you should keep a running file of important documents such as:
- Photographs of your injuries
- Photographs of the scene of the accident
- A copy of the accident report
- Names and contact information of any witnesses
- Witness statements
- Medical bills and records
3. Contact an Attorney
Finally, you should contact a Santa Fe workplace accident attorney. An attorney may want to speak with you in person or over the phone to collect important details about your case. After an initial consultation, the attorney may conduct further investigation into the accident. For instance, the attorney may interview witnesses and review company policies. If necessary, the attorney may file a claim on your behalf.
Learn More: Why Hiring a Lawyer Will Help Your Case
WHO CAN I SUE?
If your employer does not provide workers’ compensation, you may be able to file a claim against your employer. Additionally, you may also be able to sue your employer if your injuries were the result of your employer’s intentional acts or omissions.
Manufacturer of Defective Product
If your injuries were caused by a defective product, you may be able to file a claim against the party that manufactured or sold the product. For instance, if a store employee was injured after falling off a defective ladder, the employee may be able to file a claim against the manufacturer or seller of the ladder.
If an injury was caused by the intentional or reckless conduct of someone other than your employer, you may be able to bring a personal injury lawsuit against that individual.
The types of compensation that may be available to a workplace accident victim fall into two broad, separate categories: economic damages and non-economic damages.
Economic damages refer to losses that can be quantified. The primary economic damages involved in a workplace accident claim may include:
- Medical and pharmacy bills
- Lost income and wages
- Future lost income
- Loss of earning capacity
Non-economic damages are intangible losses that cannot be easily quantified. Instead, non-economic damages are subjectively evaluated by the jury in a lawsuit. Types of non-economic damages in a workplace accident may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
LEGAL TIME LIMITS
New Mexico laws impose certain time limits on which an injured employee must notify an employer and file a claim. Under New Mexico’s workers’ compensation statute, a victim of a workplace accident must notify his or her employer of the injury within 15 days of the date of the injury. An employee must also file a claim within one year of the date of the accident. For example, if you were injured while on the job on November 1, 2020, you must file your workers’ compensation claim by November 1, 2021.
In certain cases, these legal time limits may be extended or “tolled.” However, it is important to remember that tolling a statute of limitations is a rare exception and not the norm.
OUR SANTA FE ATTORNEYS ARE READY TO PROTECT YOUR RIGHTS
Zinda Law Group’s team of Santa Fe attorneys help protect our clients’ legal rights following a workplace accident. We may handle your claim while you focus on recovering from your injuries.
With a Zinda Law Group attorney in your corner, you may receive:
Exemplary Client Service
Our attorneys pride themselves on providing quality service. Throughout the entire representation, from the initial consultation up to the disposition of the case, our attorneys guide clients through the claim filing process. To ensure our clients feel safe and comfortable, we are offering virtual consultations during the COVID-19 crisis.
Access to Critical Resources
Zinda Law Group has access to a wide range of resources to help build your claim. Our offices have handled complex workplace accident cases, conducted interviews with key parties, hired expert witnesses, and utilized state of the art technology.
Effectively communicating with opposing counsel, insurance companies, and third parties is a crucial component of any personal injury claim. Zinda Law Group’s attorneys are ready to put their years of experience negotiating with insurance companies and claims adjusters to work.
Zinda Law Group’s attorneys also have years of experience litigating claims from beginning to end. Because we treat every case as if it is going to trial, we give your case the attention to detail it deserves.
Our firm also believes that an injury victim should not have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That's our No Win, No Fee Guarantee.
Meetings with attorneys are by appointment only.