Injured in an Industrial Accident? Here's What You Should Do.
If you were harmed in an industrial accident or any type of workplace accident in Albuquerque or elsewhere in New Mexico, there are steps you can take to protect your health, your financial stability, and your long-term well-being.
After a New Mexico work accident, take the following steps to protect your interests:
- Seek medical care. If you weren't taken from the scene by ambulance for emergency treatment, go to your local urgent care center or see your doctor as soon as you can. Tell them you were injured in a workplace accident and describe what happened. Even if your injuries seem minor, you should seek treatment to avoid further harm.
- Inform your employer. In New Mexico, you have only 15 days from the date of a workplace accident or injury to inform your employer. If you wait longer than 15 days, your ability to recover workers’ compensation benefits may be jeopardized. Inform your employer in writing and keep records of all communication about your injury.
- Talk to an attorney. Even with workers’ comp benefits, which are supposed to be provided on a no-fault basis, you may run into trouble getting the medical care and money you need. Delays, underpayments, and even outright denials are all too common when it comes to New Mexico work accident cases. An Albuquerque industrial injury attorney can help with your workers’ compensation claim and can determine whether you can seek additional compensation through a third-party lawsuit against someone other than your employer or a co-worker.
Workers' Compensation for New Mexico Work Accidents
Each state, including New Mexico, has a workers' compensation system in place that provides benefits for those who are injured in workplace accidents or are diagnosed with occupational diseases. This is a no-fault system, which means the injured worker does not need to prove negligence (or fault) to recover benefits. Even if the worker was to blame for their own injuries, as long as they were not caused intentionally or as a result of drug or alcohol use, the worker would likely be entitled to benefits. Employers typically have insurance providers to cover workers' comp benefits.
In New Mexico, employers with three or more employees are required to carry workers’ compensation insurance. Construction companies are required to provide workers’ comp coverage for all their workers, no matter how many employees they may have. Workers' comp covers medical treatment and two-thirds of an injured worker's average weekly wage but may not exceed the New Mexico average weekly wage, which was $1,041.79 as of January 1, 2024.
Workers' compensation has many advantages, such as no-fault coverage, but it does not provide for all of a worker's injuries and losses, such as emotional trauma, full loss of wages and future earnings, and punitive damages.
Third-Party Lawsuits for New Mexico Work Injuries
In some cases, an injured worker may have grounds for a third-party lawsuit. Because workers’ comp does not provide total coverage for lost earnings, loss of future earnings, emotional trauma, and other non-economic damages, a third-party personal injury lawsuit can make a considerable difference in a worker’s ability to rebuild.
Depending on the circumstances of the accident and its cause, an injured worker may be able to file a third-party lawsuit against whichever party was responsible for their injuries, such as:
- The manufacturer of a defective or dangerous product.
- A driver who caused a motor vehicle accident while you were driving for work.
- A vendor or customer that acted negligently and caused the worker harm.
- The owner of a residential or commercial building where the worker was injured.
A third-party work injury lawsuit in New Mexico will require the plaintiff (injured worker) to prove that the defendant (the allegedly at-fault party) is responsible for their injuries. As an example, an injured delivery driver may be able to file a third-party lawsuit against another motorist if that person was texting while driving and ran a red light, striking the delivery driver's vehicle and causing him harm. The delivery driver must prove that the motorist caused the accident.
Because fault is involved in New Mexico work accident cases of this kind, working with an attorney is absolutely crucial. A thorough investigation must be completed to determine cause and build a compelling case that gives the worker the best opportunity at a just settlement or verdict—one that covers all their injuries and losses.
Protecting Industrial Workers in Albuquerque, NM & Nationwide
Industrial workers face a plethora of work hazards on a daily basis; however, that does not mean it should be expected for them to sustain catastrophic injuries. No matter whether you have been injured while working in a mine, in a factory, or on a construction site, you have legal rights that deserve to be protected. By working with an experienced New Mexico industrial injury attorney, you can take the necessary steps toward recovery.
Some industrial workers must work with and in close proximity to heavy machinery, toxic substances, and complex equipment. Mistakes, lack of training, or lax safety procedures can cause disastrous industrial accidents.
Our firm can help individuals who have been involved in industrial accidents at chemical plants, factories, warehouses, refineries, mines, and all other industrial worksites in Albuquerque, across New Mexico, and nationwide. Industrial workers are more likely to suffer catastrophic harm in a workplace accident due to the nature of their job duties.
Employer Responsibility: Preventing Industrial Accidents
Since 1971, OSHA has worked with employers and employees alike to promote increased safety in the workplace, particularly industrial worksites. These help keep industrial workers and all employers safe at work.
Some pieces of regulations enforced by OSHA include:
- Increased use of guards to cover machinery parts.
- Efforts to keep healthcare workers from being exposed.
- Increased safety training for workers throughout the United States.
- Mandatory usage of protective equipment when handling chemicals.
Through its efforts, the rate of workplace accidents has severely decreased; however, that does not mean that the problem has disappeared. According to the National Safety Council, there were 4.53 million work-related medically consulted injuries in 2022. This means that the worker sought medical care for their injury. Every year, about half of reported occupational injuries and illnesses result in the employee needing to take several days off work.
Call Our New Mexico Work Injury Attorneys at (888) 493-1629
Whether you are an employee and work part-time or full-time, and even if you’re an independent contractor or are self-employed, you can get experienced insight from our team at Arnold & Itkin. We’re ready to discuss your legal options so you can get the support and care you need after a New Mexico workplace accident, injury, or illness.
We help all types of workers in New Mexico and nationwide, including:
When your future seems uncertain, when medical bills are piling up, and when you’re left dealing with the aftermath of a work injury, you need a team you can count on to handle everything while you focus your energy on healing. That’s Arnold & Itkin. We have the resources to investigate New Mexico work accident claims and the experience to handle workers’ comp and personal injury cases that maximize your recovery.
The first step is a free initial consultation with an Albuquerque industrial accident lawyer. Contact us today to get started.
