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.
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...
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...
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...
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...
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...
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...
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...
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 ...
To follow up on my last post here's a list of things you should do if you are returning to work or think you may be returning to work: If you think returning to work puts you at a specific risk, see your doctor ASAP and document it in writing. If the doctor thinks you should not return he or s...
Businesses are starting to reopen in New Mexico. If you've been off work because your employer shut down because of COVID-19, you may be called back to work soon. If you're receiving unemployment and are called back, you probably have to return to work even if your unemployment is more than your ...
It is my understanding that the New Mexico Workers' Compensation Administration is operating on a very limited basis and that much of its staff is working from home. This is to comply with the social distancing requirements from the Governor and the New Mexico Supreme Court. This link https://wor...
Before you get hurt on the job, before you have a workers' compensation claim, before you need to see a doctor for a work injury, you need to know, at a minimum, the answer to these questions: What doctor are you are supposed to go to for treatment if you are hurt the job? Who are you suppos...
Money benefits after you've been injured at work or on the job are crucial for you and your family. But how are they calculated? In New Mexico, it's usually straight forward. First, you have to calculate your average weekly wage. The average weekly wage is calculated by averaging the 26 weeks of ...
Are you an employee? It seems like a very simple question. Thirty years ago that may have been true. It's not so clear today. Many companies are trying to limit their costs by “outsourcing” their workforce or by trying to classify their employees as “independent contractors” and paying them using...
Many injured workers are confused about their ability to return to work after a work injury. Generally, an injured worker can return to work with their original employer or for any other employer. If you want to return to work after a work injury, first you must have your doctor's WRITTEN work re...
Many injured workers I meet do not know that there is a New Mexico State agency that administers the workers' compensation system in New Mexico. It is called the New Mexico Workers' Administration. The Administration's website is http://www.workerscomp.state.nm.us . Sometimes the injured workers...
One of the policy goals of the New Mexico Workers' Compensation system is to try to return as many injured workers as possible back to gainful employment. Section 52-1-50.1 of the Act is one way for an injured worker to return to work after a work injury. You can read Section 52-1-50.1 by going t...
Attorney Robert Scott is committed to answering your questions about workers' compensation, employment law, wage theft, personal injury, and wrongful death law issues in Albuquerque.
I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.