Many people are under the impression that if they are injured at their workplace, they will be able to recover compensation for the injuries they sustained by bringing a lawsuit against their employer. However, this is not usually the case. Many New Mexico employers are covered through the state’s workers’ compensation laws.
In New Mexico, if an employer employs three or more individuals, they are required to have self-insurance or workers’ compensation insurance. Workers’ compensation is designed to provide quick benefits to injured workers in a way that is reasonable and manageable for the employer.
If an employee is covered under a workers’ compensation policy, a workers’ compensation claim may be the employee’s only avenue of recovery. However, if a third party was responsible for an employee’s injuries, the employee may pursue a New Mexico personal injury case against that third party.
Establishing Whether Coverage Exists
Employers are required to classify the people who work for them as temporary workers, independent contractors, on-call workers, or full-time employees. If a situation arises in which there is a question as to an employee’s status, the insurance company or court will determine the employee’s status by looking at a series of different factors, including things such as their contracts, compensation, and behavior.
Exceptions to the Workers’ Compensation Requirement in New Mexico
There are some exceptions to the requirement that an employer carry workers’ compensation insurance. And in these instances, it may be possible to bring a lawsuit against the employer. In New Mexico, an employer is not mandated to have workers’ compensation if a person is considered a domestic servant or a real estate salesperson. Furthermore, individuals who are sole proprietors or executives are not required to have this insurance, unless they are construction workers.
Generally, if a person has a financial interest in the company, they can choose not to accept the insurance. However, if an employer chooses not to protect themselves under the insurance, they will waive any special protections if their employee is injured at work.
South Carolina Jury Awards Multi-Million Dollar Verdict to Construction Worker
According to a recent news report, a construction worker was injured after being crushed by a truck at his job site. Apparently, the individual was a state inspector who was supervising repairs on a state highway when a work truck ran over him. The worker suffered a series of critical injuries that required several complex surgeries, resulting in the employee suffering severe pain.
The defendant corporation refused to compensate the plaintiff for his injuries, although the defendant did accept liability. Prior to the case going to trial, the defendant attempted to settle the lawsuit for around $3.5 million. However, the plaintiff rejected the defendant’s offer, claiming that his injuries were severe and that he had suffered a significant loss in income, astronomical medical bills, and ongoing pain and suffering. The jury ended up awarding the plaintiff a $6 million verdict.
Have You Been Injured in a New Mexico Truck Accident While at Work?
If you or a loved one has suffered injuries while on the job, you should contact one of the distinguished and experienced attorneys at the Fine Law Firm. While New Mexico workers’ compensation laws provide some compensation, these claims will not compensate a plaintiff for pain and suffering. Depending on the surrounding facts, you may be entitled to bring a third-party personal injury lawsuit, potentially increasing the amount of compensation you are eligible to receive. In some cases, a lawsuit may be able to be filed against a negligent employer. To learn more, contact the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
14-Year-Old Boy Hit by Semi-Truck on His Way to School, New Mexico Personal Injury Lawyer Blog, October 24, 2017.
New Mexico Truck Accidents Caused by Improper Lane Changes, New Mexico Personal Injury Lawyer Blog, November 13, 2017.