When it comes to the workplace, accidents can happen. Whether you work in an office, a factory, or a construction site, there's always a risk of getting injured on the job. That's where workers' compensation comes into play. In this blog, we'll walk you through important things you need to know about workers' compensation – from what it is and what it covers to the steps you should take if you're injured at work, and when you need to hire a workers’ compensation attorney.
What exactly is workers' compensation? Simply put, it's a form of insurance that provides financial and medical benefits to employees who are injured or become ill at work. These benefits are designed to cover medical expenses, lost wages, and rehabilitation costs for injured workers.
In New Mexico, employers with three or more employees are required to carry workers’ compensation insurance.
Workers' compensation typically covers a wide range of accidents and injuries that occur in the workplace. This can include everything from slips and falls to repetitive strain injuries and occupational illnesses.
Whether you've been injured in a machinery accident, developed carpal tunnel syndrome from repetitive tasks, or are suffering from a work-related illness like mesothelioma, you may be eligible for workers' comp benefits.
If you've been injured at work, the first thing you should do is report the injury to your employer as soon as possible. This is crucial, as there are often strict deadlines for filing workers' compensation claims.
According to the New Mexico Workers’ Compensation Administration, injured employees must notify their employer within 15 days of an accident or injury. Time is of the essence—don’t delay reporting or getting medical treatment.
Make sure to document the details of the incident, including how it happened and any witnesses who can support your claim. Your employer should provide you with the necessary forms to file a workers' comp claim.
Your employer may also require you to visit a pre-determined healthcare provider. If this is the case, you must follow that process and see that provider. Some employers may defer to the injured worker and let them choose the healthcare provider. It’s essential you understand which medical provider you should visit and your employer may be required to provide that in writing to you.
Once you've reported your injury and filed a claim with your employer, the workers' compensation process will begin. This typically involves an investigation by your employer's insurance company to determine the validity of your claim. You may be required to undergo a medical examination to assess the extent of your injuries and your eligibility for benefits.
A drug test is a common requirement after a workplace injury. However, in New Mexico, if an injured worker requires emergency medical care, that treatment can’t be postponed to conduct a drug test.
If your claim is approved, you should start receiving benefits to cover your medical expenses and a portion of your lost wages. However, if your claim is denied, you have the right to appeal the decision. It's important to seek legal advice from a workers’ compensation attorney if you find yourself in this situation, as navigating the appeals process can be complex.
While workers' compensation is designed to protect employees who are injured on the job, some employers may try to discourage their workers from filing claims. When this happens, contacting a workers’ compensation lawyer can help you get justice and the compensation you are entitled to. Tactics employers use to discourage work comp claims can include:
Some employers may pressure injured workers to return to work before they've fully recovered or attempt to minimize the seriousness of their injuries to avoid paying compensation. Complying with your medical treatment and documenting your recovery will help you if your employer uses this tactic.
In some cases, employers may retaliate against employees who file workers' comp claims by demoting them, reducing their hours, or even terminating their employment. Contact one of our workers’ compensation attorneys if you experience retaliation.
Employers may provide misleading information about workers' compensation benefits or the claims process to dissuade employees from seeking the compensation they're entitled to. Talk to an attorney to know your legal rights when it comes to a workplace injury.
If you're considering filing a workers' compensation claim, it's important to understand what to expect from the process. While every case is unique, here are some general guidelines:
You should receive prompt medical treatment for your injuries, paid for by your employer's insurance company. You may be required to visit a specific medical provider so letting your employer know about your injury as soon as it happens is critical.
The National Safety Council lists the most costly workers’ compensation claims by cause of injury. Leading the list is motor vehicle accidents, which averages $89,152 per claim. Burns also have above average costs of $52,161 per claim, followed by slips or falls at $49,971 per claim.
The costliest worker’s compensation injury is amputations, which average $126,033 per claim. Other traumatic injuries such as fractures, crush injuries, dislocations, burns, and infections were the top five most expensive injuries.
These medical costs can be financially devastating, and victims should be compensated. If you’ve been injured and your employer’s insurance has denied your claim, contact a workers’ compensation attorney at VOZH Law.
If you're unable to work due to your injuries, you may be entitled to receive a portion of your lost wages through workers' compensation benefits. This type of compensation is called indemnity benefits. There are three types of indemnity benefits for injured workers including temporary partial disability (TPD), temporary total disability (TTD), and permanent disability.
Compensation for these injuries is determined by the amount of time the injured worker is out of work, and the severity of their injury. If a worker dies, their dependents may also be eligible for death benefits.
Depending on the nature of your injuries, you may be eligible for vocational rehabilitation services to help you return to work or find alternative employment. In cases where you return to work, you may have restrictions until you are fully recovered, or a reasonable accommodation. An example of reasonable accommodation would be for an injured employee who cannot stand for more than an hour. Their employer can accommodate that work restriction by providing a chair or stool.
If your injuries result in permanent disability, you may be entitled to additional compensation to cover ongoing medical expenses and loss of earning capacity.
If a worker dies due to a work-related injury or illness, their dependents may be entitled to benefits. When this situation occurs, legal counsel is highly recommended to ensure the family receives the benefits they are fully entitled to.
Workers' compensation is a vital safety net for employees who are injured or become ill in the course of their employment. By understanding your rights and responsibilities under workers' compensation laws, you can ensure that you receive the benefits you're entitled to if you're injured at work. If you have any questions or concerns about the workers' compensation process, contact the team at VOZH Law. Our attorneys are experienced in workers’ compensation lawsuits and can help you get the justice you deserve.
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