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What is Workers' Compensation and how does it work in New Mexico?

Posted by Jamison Shekter | Jun 15, 2021 | 0 Comments

Topline of Workers' Compensation Act Poster required to be displayed in businesses.

What is Workers' Compensation?

Workers' Compensation is insurance that covers the employer in the event an employee is injured on the job. However, Workers' Compensation is also a court system designed to provide prompt medical benefits and wage replacement benefits when he or she is injured on the job.

In exchange for prompt benefits (an injured worker needs support for his or her family right away), employers in the system are given limited liability. A worker must promptly notify the employer of the injury (15 days, usually) and cannot sue the employer for negligently causing injury to the worker.

How does Workers' Compensation work?

Typically, an injured worker notifies his or her employer of an injury and the employer notifies its insurance carrier. The insurance carrier assigns an insurance adjuster to evaluate the employee and determine the benefits to which the employee is entitled. This creates a conflict of interest. The adjuster wants to save his or her employer, the insurance company, money by providing as few benefits as possible.

You don't want to be unrepresented in this system and let the adjuster determine the benefits you should receive. A Workers' Compensation attorney is on your side and will fight to get you all the benefits to which you are entitled to support yourself and your family.

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