Workers' Compensation

Holmes Law Firm represents workers (and only workers) in workers' compensation claims anywhere in New Mexico.

We offer free consulations, we don't charge any money up front, and we only get paid if we win your claim and increase your benefits.

The state of New Mexico requires employers to purchase workers’ compensation insurance that provides benefits to injured workers, regardless of who may be at fault. However, this requirement means that injured workers cannot sue the employer for liability over their injuries. If you have been hurt at work, you’ll be required to apply for compensation through your company’s workers’ compensation insurance coverage, rather than suing the company itself. That’s why having an experienced attorney in your corner is so crucial. That way, you can maximize your chances of receiving the compensation you deserve.

Why do I Need a Lawyer for Workers’ Compensation?

An experienced attorney can make the difference between a simple apology letter from your company and a settlement that can cover the cost of your medical expenses.

This insurance is supposed to be a trade-off. You get wages and medical coverage for your injury without having to prove negligence by the company. In return, you won’t be allowed to sue the company. Unfortunately, things don’t often work out so smoothly.

Workers’ Compensation is still insurance, which means there are insurance companies behind it all. Insurance companies lose money when they pay out claims. So like all insurance companies, Workers’ Comp insurance companies want to try to limit what they have to pay out.

The process of filing a claim can be long, difficult, and too often unfair. You need an attorney on your side.

Injured at work?

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The Workers’ Compensation Process

First, notify your employer of your injury.

If you get hurt at work, you have to notify your employer. The law says you have to give your employer written notice of an accident or injury at work within 15 days. So if you get hurt at work, use your employer’s accident notification form, or simply write one out on a piece of paper. Tell your boss when you got hurt, where you were at work, and how it happened. I’d also recommend keeping a copy for yourself, in case you need it later.

Remember—if you don’t give this notice within 15 days, you may not be able to pursue a claim, and your injuries may not be covered.

Next, seek medical care for your injuries.

Under Workers’ Compensation, the employer’s plan should pay for the cost of your healthcare. Make sure you make all of your appointments and do what your doctor tells you to do to fully recover. Your doctor will likely monitor your progress and report back to you, and you should retain any documents you receive from your doctor.

Finally, begin the Claims Process.

The final step you’ll go through is the Workers’ Compensation claim process. It’s a process you’re allowed to try on your own, but I typically do not recommend it. The last thing you need to worry about while you’re recovering from your workplace injury is fighting against an insurance adjuster for the pay and benefits you deserve.

Under WorkComp law, you’re entitled to pay that will account for lost wages during your time off. That pay is considered a temporary disability and will be calculated based on a complicated formula. For most workers, the maximum number of weeks’ worth of pay you can receive will be 500.

After you’ve completed your medical treatment, the doctor will inform you that you have reached “Maximum Medical Improvement,” or “MMI.” If you’ve fully recovered, that will generally be the end of your claim. However, if you’re permanently disabled because of the workplace accident, you’re entitled to permanent partial disability pay.

For permanent partial disability, you’ll be assigned a disability rating that will take into account whether you can return to work or go to work at another job. Regardless of what the rating is, you’ll only be entitled to benefits based on up to 500 to 700 weeks’ worth of pay, No matter the rating, it's important that it is accurate. Otherwise, you won’t get paid enough.

At the end of the day, my goal is to worry about the legal side of filing a workman’s compensation suit, so you can focus on recovering from your injuries. Put my knowledge and experience on your side, and schedule a free consultation today.

Workers’ Compensation Attorney Serving Albuquerque, New Mexico

If you have been injured on the job, you may be entitled to workers’ compensation, the insurance that protects employees from injuries sustained at work. Hiring an experienced attorney can make the difference between a minimal settlement and a large settlement that can actually cover your medical costs. Call today and put my expertise on your side.