Any employer in New Mexico must carry worker’s compensation insurance if they employ more than three people. This coverage provides funds for injured workers to ensure they can cover basic living expenses and medical costs while they recover. It can also provide financial support in the event the worker becomes disabled.
Understanding worker’s compensation laws is essential for accessing benefits in a timely manner. It can also help you appeal a denied claim in case your employer’s insurer refutes the incident. Here’s what you can expect when filing an injury claim.
Notifying Employers
Workers are required to notify their employer in writing within 15 days of an accident or injury. Ask your employer for a Notice of Accident form, which should be filled out with the details of the incident. Once completed, return the form to your employer. They must sign and date the form and make a copy to be provided to you. They must also notify their insurance provider within 72 hours of receiving the form.
The Insurance Process
The insurance adjuster assigned to your case will review the information surrounding the incident to make a determination about a settlement. They will also review medical records related to the accident and any treatments you received. If the claim is approved, medical bills will be paid through your employer’s insurance. You should hear from an adjuster within ten days of the accident.
Indemnity Benefits
In addition to coverage for medical costs, injured workers may also receive indemnity benefits. Benefits are paid to workers who miss time from work due to their injuries or acquire a permanent disability. Temporary partial disability is awarded if an employee must work reduced hours as a result of an accident, while temporary total disability is provided to employees who can’t work at all. Permanent disability payments are provided if a worker achieves maximum medical improvement and is still impaired.
What to Do If Benefits Are Denied
The insurance carrier may choose not to pay for medical costs or provide indemnity benefits. If the worker refutes this decision, they can contact an ombudsman to appeal it. Securing legal assistance is also recommended.
Injuries at work can have lasting consequences, which is why accessing worker’s compensation benefits is so important. Martinez, Hart, Sanchez & Romero, P.C. proudly supports injured workers throughout Albuquerque by offering legal insights regarding workplace accidents. Our assistance ensures you receive the settlement you deserve to cover medical bills and lost wages, which is crucial during your recovery. Call 505-343-1776 to schedule a consultation, or contact us to learn more