Posted by Robert Scott | Apr 27, 2022 |
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...
Posted by Robert Scott | Apr 25, 2022 |
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...
Posted by Robert Scott | Apr 11, 2022 |
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...
Posted by Robert Scott | Apr 05, 2022 |
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 ...
Posted by Robert Scott | Feb 15, 2022 |
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 ...
Posted by Robert Scott | Dec 09, 2021 |
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...
Posted by Robert Scott | Nov 29, 2021 |
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...
Posted by Robert Scott | Nov 10, 2021 |
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...
Posted by Robert Scott | Nov 07, 2021 |
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...
Posted by Robert Scott | Apr 19, 2021 |
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...
Posted by Robert Scott | Apr 12, 2021 |
Even though marijuana will soon be legal in New Mexico, it could still adversely affect your job if you test postiive.
Posted by Robert Scott | Apr 12, 2021 |
Why the new paid sick leave law is so important to New Mexico's workers.
Posted by Robert Scott | Apr 05, 2021 |
Top things to know if your employer offers you work after your work injury.
Posted by Robert Scott | Mar 15, 2021 |
Have updated bobscottlaw.com with the help of a new company, Lawlytics.
I wanted to make it easier to read and navigate through. I also wanted to focus the site more on workers' compensation and worker and employee rights.
I think we've accomplished that. If you have any comments, please let me...
Posted by Robert Scott | Sep 28, 2020 |
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...
Posted by Robert Scott | Aug 30, 2020 |
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...
Posted by Robert Scott | Aug 11, 2020 |
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...
Posted by Robert Scott | Jul 26, 2020 |
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...
Posted by Robert Scott | Jul 19, 2020 |
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...
Posted by Robert Scott | Jun 28, 2020 |
Your relationship with your attorney is often like your relationship with other people in your life. There are good times and there are rocky times. If the relationship is strong, it will survive the rocky times.
But, there are a couple of big differences.
Your lawyer has specialized knowledge an...
Posted by Robert Scott | Jun 10, 2020 |
Hopefully, you know where you are supposed to go for treatment if you get hurt at work. See “Basics #2”.
If you're hurt at work, get medical care as soon as possible.
If you're able to, notify your supervisor or some other manager that you've been hurt at work. If you can't, do it as soon as poss...
Posted by Robert Scott | Jun 03, 2020 |
After posting New Mexico Workers' Compensation Basics #1, I remembered something.
Sometimes, when a worker gets hurt on the job, the employer will tell the worker that the employer will “take care of him or her”.
This usually means that the worker has to pay for the medical treatment and hope the...
Posted by Robert Scott | Jun 02, 2020 |
Before you are hurt at work, find out where you are supposed to get treatment if you are hurt at work or hurt on the job.
Obviously, if you need emergency medical treatment, your employer should call an ambulance immediately to take you to the nearest emergency room.
For non-emergency work injuri...
Posted by Robert Scott | May 31, 2020 |
It's been awhile since I wrote about the basics of New Mexico workers' compensation. This is especially important now that businesses are reopening after the COVID-19 shut down.
I'll do a new posting every few days on workers' compensation basics.
The first thing all workers should do is to check...
Posted by Robert Scott | May 15, 2020 |
To research if your employer is complying with COVID-19 workplace safety requirements got the N.M. Environment Department website: https://www.env.nm.gov
The Environment Department's website appears to have a lot of information on COVID-19 workplace safety requirements.
There is a map that shows ...