Work related injuries cover a lot of ground. There are countless ways in which employees can be injured while in the performance of their work duties. The circumstances of the injury will dictate the possible claims that an injured worker will have.
This FAQ section will address some of the many frequently asked questions that workers have following work related injuries.
The FAQ‘s that follow are meant only to provide a general understanding of some of the issues surrounding work related injuries.
They are not meant as legal advice. Specifically, they are no substitute for an individualized review of your case by an attorney with experience with work injuries.
Workers’ Compensation May Not be Only Option for Compensation
Though most work injuries are governed by and limited by the New Mexico Workers’ Compensation Act, many give rise to other claims against third parties other than the employer.
Keep in mind that there may be more than one claim involved with a work injury. Most obvious, work injuries lead to Workers‘ Compensation claims. In fact, most injured workers are limited to bringing claims under the Workers‘ Compensation Act.
This means that in most work injury cases, the employee cannot also bring a personal injury claim for all recoverable damages resulting from his or her injuries. The limitation on available claims is the result of the exclusive remedy provisions of the Workers‘ Compensation Act.
Third Party Claims in Work Injury Cases
Work sites often involve many third parties such as contractors, subcontractors, vendors and so on. These parties are not protected from liability by the Workers’ Compensation Act.
However, there are many cases too numerous to list where the injured employee will have a personal injury action above and beyond the Workers‘ Compensation claims. These most often arise in what are called third party liability claims.
In a nutshell, the injured employee may sue a third party other than his or her employer if that third party caused his injuries. In extremely rare situations, the employee might have a personal injury or wrongful death claim directly against the employer under the Delgado exception.
FAQ’s No Substitute for an Experienced Personal Injury Attorney
The FAQ‘s that follow will address these issues along with other questions that commonly arise with injured workers. Again, keep in mind, the information here is quite general in nature.
Every case must be individually analyzed. This is particularly true in work injury cases due to the many complicated issues and exceptions. Moreover, there are very strict deadlines associated with Workers‘ Compensation claims as well as personal injury claims so it is very important to speak with an attorney right away.
Because of the many complications and challenges in these cases, it is highly advisable to seek the guidance on a personal injury attorney experienced with work injury claims.