If you’ve been hurt while on the job, an Albuquerque workplace accident lawyer from Curiel & Runion Car Accident and Personal Injury Lawyers can help you recover compensation. This money can cover medical bills, lost wages, and other losses you have experienced as a result of the accident. Contact our Albuquerque, NM law office at (505) 594-3621 to set up a free consultation today.
Albuquerque is the largest city in New Mexico. There is a diversity of people, industries, and cultures within the state. Unfortunately, with all of these benefits comes the risk of workplace accidents. Don’t worry about filing a workers’ compensation claim or negotiating with your employer alone, call us to learn more about how we can support you during this time.
We handle many workplace accident cases every year. We have over 55 years of combined experience in cases like premises liability, brain injuries in Albuquerque, wrongful death, car accidents, and slip and fall cases in Albuquerque, among many others, and have recovered more than $30 million for our clients.
How Can Curiel & Runion Car Accident and Personal Injury Lawyers Help Me After a Workplace Accident in Albuquerque, NM?
Curiel & Runion Car Accident and Personal Injury Lawyers can help you recover money after getting injured while at work in Albuquerque, New Mexico. Since 2011, we have fought for people hurt in personal injury accidents, including workplace accidents. Our lawyers are proud to boast a 98% success rate in our cases.
This isn’t pure luck. We work hard for our clients to get the outcome they deserve. In a workplace accident case, this may include benefits from a workers’ compensation claim or damages through a lawsuit.
In your workplace accident case, we will:
- Provide legal advice and explain the state’s workers’ compensation laws
- Find out what caused the accident
- Request and review your medical records
- Calculate your damages
- File insurance claims
- Negotiate with insurance companies on your behalf
- File a personal injury lawsuit when necessary
Workplace accident cases can be confusing. It’s hard to know what to do after you get hurt on the job. You might even want to hide your injury for fear of getting in trouble at work.
You should know that you have legal rights. We can help you assert those rights so that you access the resources you need to support yourself and your family while you heal.
Call our Albuquerque workplace accident attorneys to learn more about how we can help you through this difficult time.
Workplace Accidents Can Cause Catastrophic Injuries
The most common types of workplace injuries in Albuquerque include:
- Brain injuries
- Head trauma
- Back and neck injuries
- Broken bones
- Sprains and dislocated joints
- Organ damage
- Crushing injuries
- Internal bleeding
- Spinal cord injuries (including paralysis)
- Burns and severe cuts
- Amputations
Our personal injury lawyers in Albuquerque can help you no matter the type of injury you experienced. We can even help loved ones recover money after a workplace death. Whether it’s minor or severe, simple or complex, we are prepared to fight for the damages you need to heal.
What Causes Most Workplace Accidents?
Since every industry is different, the causes of workplace accidents can vary dramatically. Certain types of jobs are inherently more dangerous than others and are more likely to result in injuries. Some examples are the construction and trucking industries.
While it’s almost impossible to predict how you may be hurt on the job, some of the most common causes of injuries are:
- Slip and fall accidents
- Car accidents
- Improper training (specifically on safety procedures)
- Inadequate safety equipment
- Exposure to harmful chemicals over time
- Lack of supervision or oversight
- Poorly maintained machinery
- Repetitive motions
- Lifting heavy objects
One of the most important steps in any workplace injury case is to find out what caused your injury. Our lawyers can help you investigate the cause of the accident and collect evidence to submit with your workers’ compensation claim. Without a lawyer, this can be time-consuming.
How Much Is My Albuquerque Workplace Injury Case Worth?
The value of your workplace injury case is highly subjective.
It will depend on a variety of factors, including:
- The nature of your injuries
- The required medical treatment
- How much money you make (or made before the injury)
- Whether or not you are permanently disabled
The best way to get an estimate on the value of your case is to talk to a workplace accident lawyer in Albuquerque. We can help you calculate your damages and get a more accurate idea of how much money you can expect at the end of it all.
What Is Workers’ Compensation?
Most workplace accident cases are resolved through the New Mexico Workers’ Compensation Act.
Workers’ compensation is a type of insurance that most employers in Albuquerque are required to carry. When an employee is hurt on the job, a claim is filed with the insurance company. It doesn’t matter if it was the fault of the employer, the employee, or both parties. An employee can recover compensation regardless – unless they intentionally injured themself or were intoxicated.
Pros and Cons of Workers’ Compensation Insurance
There are many pros and cons to the workers’ compensation scheme.
The main benefit is that workers’ compensation claims are typically paid out quickly. Usually, once approved, an employee starts to receive benefits within a week or two. Another benefit is that the employee can collect money even if they are responsible for the injury.
The downside to workers’ compensation insurance is that it usually bars a lawsuit. This wouldn’t be a big deal, except there are traditionally more options for damages available through a lawsuit compared to workers’ compensation payouts. For example, you can’t recover money for pain and suffering in a workers’ compensation case, though you might be able to recover them in court.
What Damages Are Available To People Injured in a Workplace Accident in Albuquerque, NM?
If you file a claim for workers’ compensation, your damages are limited. You are entitled to payment for medical expenses related to your accident and for some lost wages. Workers’ compensation will pay up to two-thirds of your average weekly wage, starting on the 8th day that you are out of work. However, this can vary greatly depending on your case.
You will only receive these benefits until you reach Maximum Medical Improvement (MMI) or until you can return to work or accept employment elsewhere. If you are never able to work again, you may be eligible for some permanent disability benefits. We can help you figure out if you qualify for certain disability benefits.
It should also be noted that the family of a deceased employee is entitled to certain death benefits. Our lawyers regularly work with families who are searching for justice after losing a loved one at work.
Unavailable Damages
In a workers’ comp claim, you are not entitled to get paid for non-economic damages, like physical pain and suffering or emotional trauma associated with an accident.
Furthermore, you cannot recover compensation for lost future earning capacity. Workers’ compensation benefits are gauged by the amount of money you were making before the injury. This can be very frustrating because an injury can limit your upward mobility in the future.
Exceptions To Workers’ Compensation Laws
In rare circumstances, an employee can sue an employer instead of filing a workers’ compensation claim. This most often applies when the employer doesn’t have workers’ compensation insurance.
Under NM law, an employer typically needs to have insurance if they have three or more employees, with some exceptions. If you are working for a very small company, you might be allowed to file a lawsuit.
Employers are generally not required to obtain workers’ compensation insurance for the following:
- Domestic employees
- Real estate agents
- Federal employees covered by the Federal Employees’ Compensation Act or other programs
- Independent contractors
Another reason why you might be able to sue your employer instead of going through workers’ compensation is if they acted intentionally to cause the accident. This is a very rare circumstance.
Additionally, a third party – such as the manufacturer of a defective product or negligent driver – may be responsible for your injuries. You may be able to file a personal injury claim against them and recover compensation for your damages.
It is best to talk with a lawyer to see if you fall into an exception or if there are other options for filing a lawsuit.
How Long Do I Have To File a Claim After a Workplace Accident in New Mexico?
You need to notify your employer of a workplace injury within 15 days of getting hurt or discovering the injury. You must do this in writing and usually will fill out a Notice of Accident form.
If you are filing a personal injury case outside of the workers’ compensation system, you will usually have three years from the date of the accident. However, you should speak with an Albuquerque personal injury lawyer immediately. You don’t want to assume you can file a lawsuit only to find out later that you had to file a workers’ compensation claim.
Call an Albuquerque Workplace Accident Lawyer To Schedule a Free Consultation
If you want to learn more about your options after a work-related accident, call an Albuquerque workplace accident lawyer at Curiel & Runion Car Accident and Personal Injury Lawyers to set up a free consultation. This is your best option to get legal advice. There are no strings attached, and there is no downside since it is absolutely free.
Albuquerque Workplace Accident Review
Had a great experience considering I was in a car accident and had no idea where to start. The operations director, Amber was AWESOME! She was always so quick to follow up with me, and give me clear expectations on what was going on. I highly recommend Curiel & Runion!
T Mauricio
⭐⭐⭐⭐⭐
View more of our client reviews here.
Visit Our Personal Injury Law Office in Albuquerque, NM
Address:
Curiel & Runion Car Accident and Personal Injury Lawyers
400 Gold Avenue SW Suite 650
Albuquerque, NM 87102
Phone: (505) 594-3621
Hours: Open 24 hours daily
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