Blog

When meeting with possible clients for the first time they often tell me the following (or some variation): "I'm not sue happy", or "I'm not here for a big payday like some people" or "I got where I am because I'm a hard worker and I'm not looking for a handout." And, you know what, I believe th...

Many injured workers and their families have to go into debt after a work injury because they aren't working and the workers' compensation money benefit is lower than their take home wage. And, they can't make ends meet. The New Mexico Workers' Compensation Act can provider relief.

Can worker injured in New Mexico get treatment outside of New Mexico? This question often comes up in workers' compensation cases in New Mexico. The answer, unfortunately, is it depends. Going to a doctor or provider outside of New Mexico usually comes up in the following situations: The inju...

Maximum medical improvement or MMI is one of the critical concepts in a New Mexico workers' compensation case. The New Mexico Workers' Compensation Act defines MMI as the following: "As used in the Workers' Compensation Act, “date of maximum medical improvement” means the date after which furth...

I've written about choosing, and the process for choosing, a doctor for a New Mexico workers' compensation case in the past. I try to avoid repeating what I write about, but the process of choosing a doctor to treat your work injuries is incredibly important and can often determine whether your c...

I often ask workers who contact me whether there is a union at their workplace. If the answer is yes, my next question is are they a member? If the answer is no, I'll ask why? Most of the time, the answer is that the dues to join are too expensive. Sometimes the answer is that the worker just has...

One of the most important decisions for an injured worker in New Mexico is choosing a doctor for treatment. As a side note, the New Mexico Workers' Compensation Act contains a procedure for determining whether the injured worker or the employer (and/or workers' compensation insurer) gets to make...

I believe that the New Mexico Workers' Compensation Act is better than a lot of other workers' compensation systems in the country. However, that does not mean it can't be improved. I consistently hear complaints from clients and others regarding the New Mexico Workers' Compensation Act, and I u...

I've written about the notice requirement in the New Mexico Workers' Compensation Act. I wanted to update my past post because the notice requirement has come up in recent cases. Before I start on this new update on notice for a work injury, I want to recap what I've recommended in the past: IN...

Texts and texting are almost mandatory for communicating today. For most people they have replaced phone calls, emails and letters. It's undeniable, texting is an incredibly easy and effective way to communicate. HOWEVER, texts should NEVER be used to communicate with an employer, an insurance ...

You've  been hurt at work. The good news is that the workers' compensation insurer is paying your money benefits and also paying for your medical treatment. So, you don't have to worry about those things. Fortunately or unfortunately, you have seen a surgeon and she has offered surgery to treat ...

I'm often asked if an injured worker can go back to work after a work injury. The answer is generally YES as long as the job does not violate any of the injured worker's work restrictions. So, if your work injuries limit lifting to 20 pounds, you should not look for or take a job that requires l...

Texting for many people is the preferred way to communicate. It is convenient and to the point, unlike phone calls or speaking face to face. I text every day but mostly with family and friends. Texting should not be used to communicate with your employer before a work injury and to communicate w...

Too often, the workers' compensation insurer refuses to authorize medical treatment of a work injury. Although there are certain situations where such a denial is supported by the law, a lot of the time the denial of medical treatment is unjustified. This is unfortunate because any denial of medi...

Sometimes it is in the injured worker's best interest to settle or close out the future medical benefits provided by the New Mexico Workers' Compensation Act. This is a very important decision. An injured worker should retain a lawyer before making a final decision to close future medical benefit...

The Governor just signed the Health Workplaces Act which requires almost all private employers to provide paid sick leave to their employees. For more information go to the Frequently Asked Questions on my website at this link New Paid Sick Leave FAQs This is great news for New Mexico's workers...

Even though marijuana will soon be legal in New Mexico, it could still adversely affect your job if you test postiive.

Why the new paid sick leave law is so important to New Mexico's workers.

Top things to know if your employer offers you work after your work injury.

Short post tonight, but really important. A lot of people are working from home and often under less than ideal circumstances. Using a laptop on the kitchen counter. No ergonomic desk or chair or keyboard. It's not healthy. This can lead to sore necks, shoulders, backs, etc. Or, it can lead to mo...

My last post talked about workers' compensation money benefits, also know as indemnity benefits, eventually ending or being reduced. That usually happens at maximum medical improvement, also know as MMI. I've mentioned MMI generally in past postings, but I don't think I've ever defined it for any...

New Mexico Workers' Compensation Basics #4: Your benefits will stop or be reduced. Start planning now for that. Why the old cars? Well I like old cars, and I saw these recently in the Sandias on a Sunday morning. Second, old cars can be like a workers' compensation case, something always goes wr...

It's clear that COVID-19 is surging in New Mexico. It's also clear that COVID-19 is negatively affecting working people, including employers firing workers because of COVID-19. The law is playing catchup with COVID-19. But, I think you should contact me if your employer threatens to fire or fires...

Like choosing any professional, choosing an attorney is like picking a competent plumber or painter. The best way to find a good one is by a referral. So, if you need to speak to an attorney ask around. Start with your family and friends. If you know an attorney ask that person. Maybe he or she i...